For many of us, after even a cursory review of his record, it was clear that Judge Alito would shift the balance of the Supreme Court in a dangerous direction. Our thorough review of his record and the hearings eliminated any doubt. Judge Alito is a major threat to the rights of GLBT Americans.
The challenge has been to communicate to all fair minded Americans about the significance of the Alito battle and to engage them in this fight. Today’s New York Times editorial emphasized the importance of defeating Alito: “…portraying the Alito nomination as just another volley in the culture wars vastly underestimates its significance. The judge's record strongly suggests that he is an eager lieutenant in the ranks of the conservative theorists who ignore our system of checks and balances, elevating the presidency over everything else.”
Judge Alito would tilt the court so far to the right that it will start to resemble a circle. An ever narrowing circle with fewer and few Americans on the inside and more and more left out. Inside the circle will be groups like the Family Research Council and American Family Association, who have hailed the Alito nomination. Fair minded Americans will be on the outside of that supreme circle, not even bothering to look in for justice.
The hearings have been held. The documents have all been reviewed. The questions have been asked. Now it is time for our Senators to carry out their Constitutional responsibility of advise and consent.
As Senator Ted Kennedy (D-MA) and others have pointed out, no one is entitled to a seat on the Supreme Court of the United States. It must be earned. Judge Sam Alito, Jr. has not proven his case. The Senate should withhold their consent.
It is impossible for us to conclude that Judge Alito will bring a fair and impartial view of the law and Constitution to bear in his consideration of cases on the Supreme Court. His exceedingly narrow view of the right to privacy and liberty, as evidenced in his judicial and executive branch record, gives every indication that he will shift the balance of the court away from protecting the civil rights and liberties of GLBT Americans. His non-responsive answers to questions posed by the Judiciary Committee provide absolutely no reassurance that his previously expressed, out of the mainstream views have changed.
If his record, philosophy and unresponsiveness to committee questions were not troubling enough, those who oppose GLBT equality continue their love affair with Alito. The rights of gay, lesbian, bisexual and transgender Americans are squarely in the cross hairs of extreme right wing activists.
Their buddy sitting in judgment of
our rights is just too scary to contemplate.
Yet contemplate we must, lest we face that reality.
Eight Senators on the Judiciary Committee stood up today to defend our rights and voted against confirmation. It is now up to every Senator to do everything possible to keep Alito off the Supreme Court. The stakes couldn’t be higher for those of us who believe in full equality.