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Judge Samuel Alito’s Nomination to the Supreme Court
Statement of Linda Basch, Ph.D., President,
The National Council for Research on Women
November 2, 2005 – President Bush’s nomination of Third Circuit Court Judge Samuel Alito to fill the vacancy of retiring Justice Sandra Day O’Connor raises alarm among women’s and civil rights organizations across the country. His legal record on reproductive rights, privacy, the Family Medical Leave Act, sexual harassment, sex discrimination, domestic violence, race discrimination and disability rights are out of the mainstream and are a threat to our democracy. If confirmed, Judge Alito has the potential to undermine the legacy of Sandra Day O’Connor, who was the swing vote in many cases that secured the foundation of women’s and civil rights. Disturbingly, the nomination also does not reflect the racial and gender diversity in the country.
The evidence challenging Judge Alito’s nomination is mounting. Members of the Council – a network of more than one hundred research and policy centers and leading experts and scholars nationwide – have pointed out how troubling Judge Alito’s legal record is on a range of issues. For example, Judge Alito was the sole dissenter to aggressively argue that women should notify their husbands if they plan to obtain an abortion -- despite ample data and research demonstrating the links between spousal abuse and pregnancy. He also refused to join colleagues on the Third Circuit in striking down a state ban on abortion procedures that had no exception to protect a woman’s health. On workplace issues Judge Alito’s record is equally disturbing: He argued that Congress did not have authority to require state employers to comply with the Family and Medical Leave Act and issued decisions that make it more difficult for victims of race and sex discrimination to prove their claims in the workplace. We need a full examination by the Senate of Judge Alito’s record on all civil rights and women’s issues. Nothing less than our future is at stake.
The Council urges Senators from both parties to vigorously question Judge Alito’s record and to oppose him if they find that he will continue to thwart women’s rights as a Supreme Court Justice. To support full discussion of Judge Alito’s legal record, the Council will both feature the work and analyses of its members on its website www.ncrw.org and send email blasts nationwide with Council members’ assessments and recommended action steps. Throughout the nomination and hearings, the Council will alert women and men about what they can do to make their voices heard concerning this pivotal Supreme Court nomination.
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The National Council for Research on Women is a network of 103 leading US women’s research and policy centers, with a growing international reach. The Council uses the power and knowledge of a women’s research network to inform debate, policies, and practices, and build a more inclusive and equitable world for women and girls .
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