On the recordJanuary 25, 2006
In several criminal cases, Judge Alito has shown blatant disregard for a defendant's fundamental right to be tried by an impartial jury--what any one of us would want if we or a loved one were ever in this position--chosen free of racial or gender prejudice. He has also narrowly construed other constitutional criminal procedure protections, arguing often in favor of granting law enforcement officials the greatest of latitude to conduct unauthorized searches and seizures. Judge Alito's opinions on these and many other topics remind us that judicial activism comes in many guises. Adopting an unnecessarily narrow view of the Constitution or of our laws to reach a desired outcome is a form of judicial activism that is no less offensive than subscribing to an overboard interpretation of the law in order to reach a specific result. Judge Alito, if confirmed, may hold a seat on the Supreme Court for a generation--long after this President has left office. Perhaps through 8 to 10 Presidential elections, decades of progress would fall prey to his radical ideology, jeopardizing not only civil rights, civil liberties, health and safety and environmental protections, but also fundamental rights such as the right to privacy. Our Federal Government could be transformed into one where Congress is largely irrelevant and the President is permitted to make up the rules as he goes. I do not believe Judge Alito's vision of that America is what our Founders intended for us.…
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