Civil Rights Coalition Releases Memo Critical of Alito’s Record on Civil Rights

Washington, DC – In anticipation of next week’s Senate hearings, the Leadership Conference on Civil Rights (LCCR), the nation’s oldest, largest and most diverse civil and human rights coalition, today released a sharply focused memorandum on Judge Samuel Alito’s record of antagonism to protecting the rights of every American.

“Judge Alito’s disturbing record on civil rights should be of concern to every member of the Senate Judiciary Committee,” said Wade Henderson, LCCR’s executive director. “At Alito’s confirmation hearing, senators must question his record thoroughly, must carefully assess his responses, and then decide whether as a Justice of the Supreme Court he will protect or weaken our civil rights.”

LCCR’s memo reviews in sharp detail Judge Alito’s philosophy and record in the area of civil rights from the beginning of his career through his decision making as a jurist on the United States Court of Appeals for the Third Circuit. According to the memo, this record demonstrates that Judge Alito has routinely favored a reading of statutory and constitutional law that curtails the rights of individuals, limits remedies available to them, and undermines the power of Congress to protect those individuals. Specifically, Judge Alito has favored:

o Limiting “One Person, One Vote.” In a 1985 job application, Alito declared that he was professionally motivated by his deep disagreement with key Warren Court decisions, specifically the bedrock principle of “one person, one vote.”

o Gutting Employment Discrimination Protections. While in the Reagan administration and, while on the bench, Alito has made it harder for victims of discrimination to seek redress.

o Restricting Rights of the Accused. Alito favors limiting the core constitutional rights and civil liberties of the accused. In one case, he voted to uphold the strip search of a mother and her 10 year-old daughter without a valid warrant. And in another case with an African-American defendant, Alito found nothing wrong with a prosecutor’s effort to exclude African-Americans from the jury.

o Hog tying the Power of Congress to Prevent and Remedy Discrimination. Alito has favored “states’ rights” over protecting the rights of ordinary Americans and has sought to restrict the power of Congress to pass laws protecting those rights.

“Equal rights for all Americans is a fundamental principle of our democracy, yet Alito is on record favoring curtailment of those rights,” said Henderson. “Whether it is the bedrock decision of ‘one person, one vote,’ or defending rights of the accused, Judge Alito is on the wrong side. The civil rights community’s opposition to Judge Alito isn’t personal, it’s based on his record and rooted in principle.”

As part of a growing campaign to mobilize the civil rights community’s opposition to the Alito nomination, this memo is aimed at educating the public and media on Alito’s disturbing and dangerous civil rights record. The memo will be supplemented with greater analysis and issue specific fact sheets over the next few weeks. For more information, or comment from Henderson, please contact Mistique Cano at 202-263-2882.