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WYDEN TO OPPOSE NOMINATION
OF JUDGE SAMUEL ALITO TO THE U.S. SUPREME COURT
January 20, 2006
Washington, DC – U.S. Senator
Ron Wyden (D-Ore.) released the following statement today announcing
that he will vote against the nomination of Judge Samuel A. Alito,
Jr. to serve on the U.S. Supreme Court when it comes to the floor
of the Senate:
“After days of hearings before
the Senate and a meeting this week in my office with Judge Alito,
I cannot reconcile the seemingly moderate and amiable jurist of
the past few weeks with his two decade record of federal service.
At this time when the country so desperately needs a judge who
will approach issues with a sense of neutrality, Judge Alito leaves
me unconvinced that he will bring an impartial viewpoint to the
nation’s highest court.
“In my lifetime, it has never
been more critical for a President to select a nominee to the
Supreme Court who possesses the desire and inclination to transcend
personal beliefs, to approach issues with legal neutrality, and
to heal the wounds that cut our society so deeply. The departing
Justice Sandra Day O’Connor possesses these skills; Judge
Alito’s record strongly suggests that he does not. If appointed
to the Court, I fear that Judge Alito’s beliefs will color
his approach and pre-ordain his outcomes on a variety of critical
issues certain to come before the Court in the coming years. These
decisions would only accelerate the growing polarization that
America faces today – between red and blue states, between
the affluent and the poor, and between races and religions.
“I met with Judge Alito on
Wednesday and found him to be very amiable and of the highest
intellect. We discussed a variety of issues, including the scope
of executive power, the recent NSA wiretapping revelations, the
role of legal precedent, end of life care, and the constitutionality
of presidential signing statements. Since that meeting, my staff
and I have reviewed his responses in the context of his ample
record on the federal bench and in the Executive Branch. It is
my conclusion that Judge Alito’s record portends a view
on the power of the President that would
undermine our proven and constitutionally-mandated system of checks
and balances. His measurable record and answers to my questions
suggest that, on the question of a woman’s right to choose,
he will have an open mind only with respect to the degree to which
he is willing to recognize more than three decades of precedent.
His record demonstrates a dangerous and narrow interpretation
of the Commerce Clause, which could lead to results that would
threaten the health and safety of all Americans. And his record
of standing with large, corporate polluters who fouled our air,
poisoned our waters, and then don’t want to pay for it could
be disastrous for generations to come.
“Ultimately, it is Judge Alito’s
record that leaves me convinced that he has pre-judged many of
the matters that would come before him on the court. It is with
a heavy heart that I arrive at this conclusion. I believe that
a President is due considerable latitude to select nominees of
his or her own political party and ideology, but I will not vote
to confirm a judge whom I believe incapable or unlikely to separate
those personal beliefs from his constitutional obligations.”
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