I cannot
imagine my children’s future in an America without these same
hard-won freedoms.
It is for
these reasons-- that I am here today to urge you to reject Judge
Samuel Alito’s nomination to the United States Supreme Court.
There is no
question that Judge Alito has impressive academic credentials
and has led a distinguished career, but academic credentials
alone do not qualify an individual for elevation to the highest
court in the land.
I realize
you are quite familiar with the well-publicized Thornburgh case
brief that Judge Alito helped develop as a deputy U.S. Solicitor
General.
As Judge
Alito’s own memorandum on this case demonstrates, he urged the
courts to sustain a series of burdens on a woman’s right to make
her own reproductive health care decisions. He then went
further and expanded this notion to include even certain forms
of birth control.
This
strategy set forth in his 1985 memo is remarkably similar to the
strategy adopted by the current pro-life movement to eviscerate
the foundations of Roe vs. Wade.
Judge Alito
also dissented in a key case on women’s liberty and personal
responsibility.
His written
opinion on a law requiring spousal notification by a woman
seeking to terminate a pregnancy is as troubling as the analysis
that he used to arrive at the decision.
In assenting
to spousal notification, Judge Alito clearly ignored a woman’s
right to autonomy.
This blatant
disregard for individual right is what our Founding Fathers
designed a system of meaningful checks and balances to guard
against.
Once any
branch of government surrenders itself to the others, that
authority is difficult to regain.
I come from a state where executive power and government
intrusion on privacy rights has been world news.
Florida’s Governor pushed the State Legislature to grant him
authority to overturn a judicial decision in the Terri Schiavo
case, and Congress inserted itself into that family’s private
tragedy.
Ultimately, the case could have reached the Supreme Court.
Judge Alito’s work on privacy and Executive expansion cases
suggest that if he were confirmed, he might not stand in the way
of a similar intrusion.
If confirmed, Judge Alito will be in a position to influence
final rulings on executive branch boundaries.
Judge
Alito’s dissention in another privacy case is particularly
disturbing.
In this
case, a police officer strip searched a 10-year-old girl and her
mother. They were not named in the search warrant; they were
simply on the premises.
According to
the Boston Globe, the 10-year-old girl’s lawyer, Andrew Solomon,
later reported Judge Alito as saying: ''Why do you keep
bringing up the fact that this case involves the strip search of
a 10-year-old child?"
Yes. Why do
we keep bringing up the fact that this case involved the strip
search of a 10-year-old child? Because this was not a simple
case of whether or not the officers exceeded their investigative
authority—it escalated to an unconscionable level.
Judge Alito
was the only member of a three-judge panel who found the
strip search of the 10-year-old acceptable under his
interpretation of the law.
I am
horrified to think that someone could strip search my children
based on selective interpretation of a warrant.
The standard
must be higher when cases involve the most vulnerable members of
our society: our children. When enforcement authorities lapse
in their judgment, our courts MUST not!
As you consider this nomination, I ask you to reflect: Would you
be comfortable if your own child was the subject of a strip
search? Would you be comfortable if your little girl was the
plaintiff with Justice Alito as the deciding vote that
sanctioned this authority?
This case
was about a child, but it was also about the protections of the
Constitution that apply to each of us.
Judge
Alito’s record also indicates an indifference to civil rights.
One of the
most telling indicators of Judge Alito’s stance on
discrimination is his membership in the Concerned Alumni of
Princeton (CAP.)
Let’s be
clear. The organization was hostile to Princeton’s efforts to
increase admission of women and minorities.
To put this
in perspective, Judge Alito was highlighting his CAP membership
in a 1985 job application for the Reagan Justice Department four
years after Sandra Day O’Connor broke the glass ceiling to
become the first woman to serve on the Supreme Court.
Senators, in
closing, I suggest to you, that while highly regarded for his
intellect, integrity, and legal experience. Judge Alito is a
nominee who will replace one of only two women justices. This
reflects a missed opportunity to retain, or expand, the existing
diversity of the Court.
While I have
not always agreed with her decisions, Justice O'Connor has cast
the deciding vote to protect fundamental freedoms time and
again.
I distinctly
remember the feeling I had in 1981, when I was 14-years old and
heard that a woman was going to serve on the Supreme Court. It
proved what my parents told me my whole life: that in America,
little girls really can grow up to be anything they want to be.
Replacing
Justice O’Connor with Judge Alito risks turning back the clock,
both literally and figuratively. It would mock President
Reagan’s legacy.
Long after
we have completed our public service, the decisions made by the
Supreme Court will continue to impact all Americans.
While it is
not my place or role to cast judgment on your ultimate decision,
we can be certain that history will!
Again, thank
you for the opportunity to speak with you this afternoon.
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