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Lambda Legal Opposes the Nomination of Samuel Alito Jr. to the U.S. Supreme Court

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"We do not believe that Judge Alito has the necessary commitment to liberty and equality for all Americans."
December 12, 2005

(New York, December 12, 2005) — Saying that Samuel Alito Jr. puts his personal political agenda above the principles enshrined in the Constitution, Lambda Legal today announced its opposition to his nomination to the U.S. Supreme Court.


Statement by Kevin Cathcart, Executive Director of Lambda Legal:


“As a legal organization advocating for LGBT people and people with HIV, we know how important it is that every member of the judiciary be committed to the Constitution and its core principles of liberty, equality and justice for all. In examining Samuel Alito’s nomination for a lifetime appointment to the Supreme Court, we bring to bear our more than 30 years of experience advocating in favor of these principles that are the bedrock of our legal system.


“Unfortunately, what our analysis reveals is that Judge Alito has a political agenda different from that required of members of the judiciary. It is based on his personal political ideology and stands apart from any principle that can reasonably be located in the Constitution. We do not believe that Judge Alito has the necessary commitment to liberty and equality for all Americans. Judge Alito puts particular political ends above a fair reading of the Constitution, Bill of Rights and the laws passed by Congress. Put differently, his political agenda leads him to write judicial decisions to make the law conform to his politics. He then applies legal craftsmanship and precedent to justify the law he is making.


“The job of a Supreme Court Justice is unique within the judiciary. Among other things, the constraints created by legal precedent are far less binding at the Supreme Court. Putting politics ahead of the Constitution and laws of this country is dangerous at all levels of our judicial system. This practice is dangerous because it jeopardizes the system of checks and balances that the judiciary is meant to safeguard, making the concerns of groups of people lacking political power especially vulnerable.


“For these reasons, Lambda Legal is compelled to oppose Samuel Alito’s nomination.


“With Chief Justice Roberts we waited until after the confirmation hearings to decide our position because we didn’t feel that we had enough information about him. But Judge Alito is a different matter altogether. In this case, he has an extensive track record of court decisions and other materials that lend insight to his philosophy.”


Lambda Legal’s full statement of opposition can be found at www.lambdalegal.org.

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