Supreme Court: Nominee Has Mixed But Mostly Bad Record on Drug-Related Iss

[Mnemosyne]

By all accounts, Supreme Court nominee Judge Samuel Alito is a conservative jurist. A member of the Federalist Society, Alito served in the Reagan administration Justice Department as an assistant to the Solicitor General, then became a drug-fighting US Attorney in New Jersey. Since 1990, he has sat on the US 3rd Circuit Court of Appeals.

Unlike President Bush's previous two nominees to the Supreme Court, new Chief Justice John Roberts and failed candidate Harriet Miers, Alito's years on the bench have provided a track record on which to assess his judicial philosophy. From the point of view of drug reform, there is not a lot to be happy about.

On criminal justice issues, Alito has consistently come down on the side of police and prosecutors. Perhaps the most searing case was that of Doe v. Groody, where New Jersey police on a drug raid strip searched the wife and 10-year-old daughter of a drug suspect although the search warrant did not specify they were to be searched. The family sued police, and the 3rd Circuit Court, headed by current Homeland Security head Michael Chertoff, ruled in favor of the family. Alito dissented, arguing that police had not violated the family's rights.

Alito also dissented when the 3rd Circuit ruled state officials had violated defendants' right to a speedy trial, and when his colleagues ruled that a US District Court was authorized to reduce a convict's sentence under the federal sentencing guidelines. Again, he dissented when the 3rd Circuit held that a defendant should be granted habeas corpus because the state had not proved the defendant's intent beyond a reasonable doubt.

more here:
http://stopthedrugwar.org/chronicle/410/alito.shtml

[ClintonTyree]

1. Another strike against him but.........

in the big scheme of things this is trivial compared to all of his other drawbacks. Something like this would never keep him from being confirmed. Just the opposite, he'd be seen as tough on "crime" and the bushbots would drool over him even more.

[Mnemosyne]

2. Just wanted all to know

where he stands on each issue. You are right on the "tough on crime" drooling. Surprised they didn't use it already.

Peace,
V

[High Plains]

3. Hey, I wrote that article!

Glad to see someone posting my stuff.

Alito is a states' rights conservative, too. In a sign of the strange bedfellows politics of drug policy, that makes some drug reformers a bit hopeful. If Alito had been on the bench when the Raich medical marijuana case was decided, it might have turned out differently.

Not saying I'm one of those folks, though. This guy looks pretty scary. Gee, where is Harriet Miers when we need her?

[Mnemosyne]

4. I'm glad I found it HP!

Good article. I feel we need to know as much as possible about any nominee. Rulings against basic rights and in favor of police often make for opressive leanings, imo.

How do you feel Raich would have been decided differently with Alito?! I find him rather tight-arsed.

Funny you should mention it but I just told a friend that Alito makes Meirs look much better(not good in any way). Alito is more dangerous because he has more experience and would know better how to manipulate precedents. I still wouldn't want either of these creeps!

Peace
V