U.S. Senator Ken Salazar

Member of the Agriculture, Energy and Veterans Affairs Committees

 

2300 15th Street, Suite 450 Denver, CO 80202 | 702 Hart Senate Building, Washington, D.C. 20510

 

 

For Immediate Release

January 19, 2006

CONTACT: Cody Wertz – Comm. Director

                        303-455-7600

Andrew Nannis  – Press Secretary

                        202-224-5852


 
Sen. Salazar to Vote Against Alito Nomination

Washington, DC – Today, Sen. Ken Salazar announced his opposition to Supreme Court nominee Samuel Alito. His statement follows:

“I will vote against the confirmation of Judge Samuel Alito to the United States Supreme Court. I am convinced, based upon a very careful review of his record, that Judge Alito will move the Supreme Court outside the mainstream of American law. Judge Alito’s judicial philosophy will expand Executive power too far, hurt the checks and balances built into our Constitution to protect us all, and roll back important civil rights protections that were achieved in our country through the sacrifices of many.

“My decision to vote against Judge Alito contrasts sharply with my decision to support John Roberts as Chief Justice of the United States.

“Here is why I conclude that Judge Alito is the wrong person for this seat on this Court at this time in our Nation’s history:

  • Judge Alito would place too much power in the hands of the President of the United States, at the cost of the protective system of checks and balances built into our Constitution. For example, in 2000 Judge Alito gave a speech to the Federalist Society that extolled the virtues of the unitary executive branch. This theory would expand significantly the powers of the President to control agencies and other government institutions. It would destroy an important system of checks and balances within the Executive Branch.
  • Judge Alito would close Nation’s courthouses to the weakest and poorest among us. In Sheridan v. E.I. DuPont de Nemours, Judge Alito registered the lone dissent among 13 judges, voting to prevent a woman who had presented evidence of employment gender discrimination from going to trial. In PIRG of New Jersey, Judge Alito denied access to the courts for environmental plaintiffs who had won in the lower court. In Doe v. Groody, Judge Alito would have upheld the strip search of a 10 year old girl. In Riley, Judge Alito rejected claims of an African American defendant, and was later overturned by the entire court, in a case where the conviction by an all white jury was improper because black jurors had been impermissibly prevented from jury service.
  • Judge Alito would reverse our progress on the laws that promote diversity in our country. Justice O’Connor was the deciding vote in the Grutter case, the 2003 decision that affirmed that diversity is a compelling state interest justifying an admissions process that builds a diverse student body. Justice Alito is very unlikely to agree with Justice O’Connor on this issue, imperiling a decision I believe to be vitally important to the future of our country.

“For these reasons, I will vote against the confirmation of Judge Alito to replace Justice Sandra Day O’Connor on the United States Supreme Court.”

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