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'Dubyah' Nominates Another Supreme Court Candidate

Discombobbled

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CNN reports that President Bush will nominate 3rd Circuit Appeals Court Judge Samuel Alito for the U.S. Supreme Court

If you’re a woman, non-Caucasian, disabled, an immigrant, or have a sick loved-one, don’t expect due consideration of the law from this fundamentalist cowboy!!!

ALITO WOULD OVERTURN ROE V. WADE: In his dissenting opinion in Planned Parenthood v. Casey, Alito concurred with the majority in supporting the restrictive abortion-related measures passed by the Pennsylvania legislature in the late 1980’s. Alito went further, however, saying the majority was wrong to strike down a requirement that women notify their spouses before having an abortion. The Supreme Court later rejected Alito’s view, voting to reaffirm Roe v. Wade. [Planned Parenthood of Southeastern Pennsylvania v. Casey, 1991]

ALITO WOULD ALLOW RACE-BASED DISCRIMINATION: Alito dissented from a decision in favor of a Marriott Hotel manager who said she had been discriminated against on the basis of race. The majority explained that Alito would have protected racist employers by “immuniz[ing] an employer from the reach of Title VII if the employer’s belief that it had selected the ‘best’ candidate was the result of conscious racial bias.” [Bray v. Marriott Hotels, 1997]

ALITO WOULD ALLOW DISABILITY-BASED DISCRIMINATION: In Nathanson v. Medical College of Pennsylvania, the majority said the standard for proving disability-based discrimination articulated in Alito’s dissent was so restrictive that “few if any…cases would survive summary judgment.” [Nathanson v. Medical College of Pennsylvania, 1991]

ALITO WOULD STRIKE DOWN THE FAMILY AND MEDICAL LEAVE ACT: The Family and Medical Leave Act (FMLA) “guarantees most workers up to 12 weeks of unpaid leave to care for a loved one.” The 2003 Supreme Court ruling upholding FMLA [Nevada v. Hibbs, 2003] essentially reversed a 2000 decision by Alito which found that Congress exceeded its power in passing the law. [Chittister v. Department of Community and Economic Development, 2000]

ALITO SUPPORTS UNAUTHORIZED STRIP SEARCHES: In Doe v. Groody, Alito agued that police officers had not violated constitutional rights when they strip searched a mother and her ten-year-old daughter while carrying out a search warrant that authorized only the search of a man and his home. [Doe v. Groody, 2004]

ALITO HOSTILE TOWARD IMMIGRANTS: In two cases involving the deportation of immigrants, the majority twice noted Alito’s disregard of settled law. In Dia v. Ashcroft, the majority opinion states that Alito’s dissent “guts the statutory standard” and “ignores our precedent.” In Ki Se Lee v. Ashcroft, the majority stated Alito’s opinion contradicted “well-recognized rules of statutory construction.” [Dia v. Ashcroft, 2003; Ki Se Lee v. Ashcroft, 2004]
 

JMBrowning

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I hope his nomination gets shot down.

Great!!! :rolleyes: That's what the US needs... another redneck in a position of power.
 

luckydog71

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Guess Myers is not looking so bad now, eh?

In the first round, W put up a moderate and was criticized by cons. I think W was expecting Kennedy and the rest of the liberal hordes to provided at least some support. All they did was gloat over the division in the GOP ranks.

I am not seeing any division in the GOP ranks this time around.

The push will be on to get this one through. I predicted it will go through. I further predicted the Dems will try a filibuster but will back down when the GOP threaten the nuclear option.

W hit his low point a few weeks ago and the Dems should have taken advantage of that weakness. Now they are in for a fight that they will lose.
 
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Discombobbled

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luckydog71 said:
Guess Myers is not looking so bad now, eh?
I personally never had any serious reservations about Miers’ nomination. Although I agree with Cohen’s and other prominent legal realists’ assertions that simply looking to precedent to justify legal rationale is nothing more than ‘transcendental nonsense’, at this point in legal evolution, precedent is the best we have for guidance. Miers seemed to understand this and was prepared to put precedent before her personal ideology. Alito's record on the other hand concerns me.
 

JFK

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Oct 15, 2002
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Discombobbled said:
CNN reports that President Bush will nominate 3rd Circuit Appeals Court Judge Samuel Alito for the U.S. Supreme Court

If you’re a woman, non-Caucasian, disabled, an immigrant, or have a sick loved-one, don’t expect due consideration of the law from this fundamentalist cowboy!!!

ALITO WOULD OVERTURN ROE V. WADE: In his dissenting opinion in Planned Parenthood v. Casey, Alito concurred with the majority in supporting the restrictive abortion-related measures passed by the Pennsylvania legislature in the late 1980’s. Alito went further, however, saying the majority was wrong to strike down a requirement that women notify their spouses before having an abortion. The Supreme Court later rejected Alito’s view, voting to reaffirm Roe v. Wade. [Planned Parenthood of Southeastern Pennsylvania v. Casey, 1991]

ALITO WOULD ALLOW RACE-BASED DISCRIMINATION: Alito dissented from a decision in favor of a Marriott Hotel manager who said she had been discriminated against on the basis of race. The majority explained that Alito would have protected racist employers by “immuniz[ing] an employer from the reach of Title VII if the employer’s belief that it had selected the ‘best’ candidate was the result of conscious racial bias.” [Bray v. Marriott Hotels, 1997]

ALITO WOULD ALLOW DISABILITY-BASED DISCRIMINATION: In Nathanson v. Medical College of Pennsylvania, the majority said the standard for proving disability-based discrimination articulated in Alito’s dissent was so restrictive that “few if any…cases would survive summary judgment.” [Nathanson v. Medical College of Pennsylvania, 1991]

ALITO WOULD STRIKE DOWN THE FAMILY AND MEDICAL LEAVE ACT: The Family and Medical Leave Act (FMLA) “guarantees most workers up to 12 weeks of unpaid leave to care for a loved one.” The 2003 Supreme Court ruling upholding FMLA [Nevada v. Hibbs, 2003] essentially reversed a 2000 decision by Alito which found that Congress exceeded its power in passing the law. [Chittister v. Department of Community and Economic Development, 2000]

ALITO SUPPORTS UNAUTHORIZED STRIP SEARCHES: In Doe v. Groody, Alito agued that police officers had not violated constitutional rights when they strip searched a mother and her ten-year-old daughter while carrying out a search warrant that authorized only the search of a man and his home. [Doe v. Groody, 2004]

ALITO HOSTILE TOWARD IMMIGRANTS: In two cases involving the deportation of immigrants, the majority twice noted Alito’s disregard of settled law. In Dia v. Ashcroft, the majority opinion states that Alito’s dissent “guts the statutory standard” and “ignores our precedent.” In Ki Se Lee v. Ashcroft, the majority stated Alito’s opinion contradicted “well-recognized rules of statutory construction.” [Dia v. Ashcroft, 2003; Ki Se Lee v. Ashcroft, 2004]
What is the source for all the cases that you quoted ? Please post a link to it.
Thanks.
 

taiga

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Apr 30, 2003
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Taxes on the nanny.

Wow, that is some nifty background research that you've done.

Roe vs Wade, that is so 90s. :)

How about these:

Did the candidate every smoke marijuana?
Did the candidate inhale it?

Did the candidate pay taxes on the nanny?
 

luckydog71

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Oct 26, 2003
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Discombobbled said:
CNN reports that President Bush will nominate 3rd Circuit Appeals Court Judge Samuel Alito for the U.S. Supreme Court

If you’re a woman, non-Caucasian, disabled, an immigrant, or have a sick loved-one, don’t expect due consideration of the law from this fundamentalist cowboy!!!
You say CNN reported that? Not that I am surprised they think that way. I am surprised they would come out of the liberal closet and say that out loud.

I am sure they are now looking to find examples of Bush appointees to support their claim. I wonder if he has any left handed, black haired, mid 30's, gay, females, from the west. If he does not that would be proof positive he was biased.
 

planetsmurf

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Apr 13, 2005
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with the way GWB is going the democrats will be able to stop this nomination and then all hell will break loose for the mid term elections which is always a good thing for a country when both sided declare open war. but at hey at least we in canada will be going through the same thing the way are country is going
 

Discombobbled

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Mar 12, 2005
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JFK said:
What is the source for all the cases that you quoted ? Please post a link to it.
Thanks.
Sorry JFK, I can't provide a link. If you want to read the cases you'll need to have access to Quicklaw or go to your nearest law library:)
 
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