Supreme Court

Can We Trust Judge Samuel Alito?

Posted by Tim Tagaris on January 10, 2006 at 11:55 AM

Watching the confirmation hearings, a few things stand out—many of which revolve around the issue of trust. Judge Alito almost gives the impression of a man who will say anything he can in a job interview to get that job; in this case, it’s a job interview for the United States Supreme Court. Senator Specter wasted no time bringing up the issue of a Constitutional right to choice. This is where the two-sides of Samuel Alito made its debut.

Today
“Senator, I do agree that the Constitution protects a right to privacy.”

1985 application to become deputy assistant to Attorney General Edwin Meese
“It has been an honor and source of personal satisfaction for me to serve in the office of the Solicitor General during President Reagan’s administration and to help advance legal positions in which I personally believe very strongly. I am particularly proud of my contributions in recent cases in which the government has argued in the Supreme Court that… the Constitution does not protect a right to an abortion.”

And then there was the issue of expanding presidential power in light of a president spying on American citizens without a warrant.

Today
“[N]o person is above the law, and that includes the President and the Supreme Court.”

1984
In 1984, while working in the Solicitor General’s office, Judge Alito signed a brief in Mitchell v. Forsyth, 472 U.S. 511 (1985), arguing that the Attorney General should have absolute immunity for civil damages stemming from the authorization of wiretaps without a warrant – which would make the Attorney General immune even in the case of willful wrongdoing.

Perhaps the most embarrassing part of the hearings today for Samuel Alito was watching his stutter and stammer around the questions concerning his involvement with the Concerned Alumni of Princeton (CAP). For those who don’t know, CAP was an organization at Princeton that believed University standards were lowered when they accepted women and minority applications.

Today
Alito claims he has no recollection of his time spent with the Concerned Alumni of Princeton, and that he would have been uncomfortable participating in any group that espoused such sexist and racist views.

Washington Post
“In a 1985 job application letter in which he said the Constitution does not protect a right to abortion, he wrote that he was currently a member of "the Concerned Alumni of Princeton University, a conservative alumni group."

And when pressed on his current belief about “co-education,” all Alito could manage was some wisecrack about how much fun it was attending a school (Princeton) for the first time in his life that had male and female students learning and living together.

Comments (63) «

Judge Alito almost gives the impression of a man who will say anything he can in a job interview to get that job....


So how is this any different than Bush when he interviewed for his current job?.

Remember when Bush said he was against nation building, that Gore was using fuzzy math and he would be fiscally sound, that conservatives had to be compassionate, and that he would leave no child behind?

More like he would leave no Bush/Cheney Pioneer behind along with their lobbyist friends.

Alito has learned how to do it by watching the Master in action.

1
SandyH on January 10, 2006 at 12:37 PM

Tim:

REALLY IMPORTANT POINT!!!

Can you please pass my question on to one of the senators or to one of their staffers to check out?

My question is this:

Judge Alito said today that he voluntarily requested that his decision in the Vanguard case be vacated. However, the Boston Globe seems to show that Alito LIED ABOUT THAT. I think we need this looked into and one of the senators needs to confront Alito about this lie in front of the American people.

On the Vanguard case, where Alito didn't recuse himself despite telling the Senate he would in cases involving the mutual fund company:

Alito said today, "I did recuse myself, and ... I asked that the original decision ... be vacated."

Not according to the Boston Globe:

After Alito ruled in Vanguard's favor in the Maharaj case, he complained about her efforts to vacate his decision and remove him from the case, writing to the chief administrative judge of the federal appeals court on which he sat in 2003: ''I do not believe that I am required to disqualify myself based on my ownership of the mutual fund shares."

Here is the link to the Boston Globe article:

http://www.boston.com/news/nation/washington/articles/2005/11/03/plaintiff_alleges_alito_conflict/

2
californiadem on January 10, 2006 at 01:41 PM

The POINT, lister, is that Alito SAID HE WOULD RECLUSE HIMSELF IF THE SUBJECT CAME UP!

Again, Another Lie!

3
PamB on January 10, 2006 at 04:11 PM

Lister,

If there was no conflict of interest problem in the Vanguard case then why was the first spin coming from the radical right propaganda machinery that the reason Alito didn't recuse because of a computer glitch.

Do you know when you hold shares in a Mutual Funds you have voting rights just as you have in say an IBM when you own shares of IBM? Do you know there are no separate share holders for a mutual funds company such as Vanguard. The people who own the mutual funds shares are in effect the owners of the fund and therefore the company that manages the fund. In effect if you own shares in a mutual funds company such as Vanguard or Fidelity, your relationship to the company is no different to your relationship to IBM when you own IBM stock! Quit spreading the lies originating at Fox News spelt P-R-A-V-D-A.

If there was no conflict of interest why did Alito assure the Senators during the confirmation process he would recuse himself if a case such as Vanguard came up.

The fact of the matter is Alito said one thing during his confirmation process to the Senators and didn't live up to those assurances when he was nominated to the bench. Facts cannot get altered by the quantity and aggressiveness of propaganda spin!

Fox News spelt P-R-A-V-D-A cannot spin this one away. Alito cannot be trusted with the assurances he provides during the confirmation process.

4
SamSarma on January 10, 2006 at 05:11 PM

To answer the question....NO!!!!

5
PeppermintLizzy on January 10, 2006 at 05:43 PM

While listening to Senator Fiengold question Mr. Alito he asked him whether he was coaxed during the mock courts over the past couple of months with respect to the possible illegal wire tapping activities of the President.

His was response was that he could not recall.

As a Supreme Court Judge you will listen to cases that span the course of a couple of months. At the end of this you will need to decide on the case based on the material you've heard over the course of the trial. If he cannot recall what was asked of him during a mock court that just took place, how is he as a judge going to remember the arguments of a Supreme Court trial.

6
garyva on January 10, 2006 at 05:52 PM

I have been listening to the hearings on public radio. I am disturbed by some of the statements about abortion. I have no position personally about abortion but am very concerned about the disengenious position taken by the DNC in stating that Roe is in jeopordy. Not true, if Roe is over turned by the Supreme Court the issue goes back to the individual states, and in most states the right to have an abortion is protected by the state constitution. So when NOW and the DNC throw this red herring into the air it is specifically to get people riled up and increase donations. If you do not beleive me do the research for yourself. Many legal minds agree that Roe was decided upon bad law, but it has become such a political football and so emotional (key word) it drives political decisions. So I am saying DNC tell the truth but, to tell the truth would mean that the party might suffer greater loss of members

7
Happyonahorse on January 10, 2006 at 09:43 PM

I'm wondering about our boys on the committee? They pulled their punches and threw the match, but why? They were armed with the tough questions, but didn't ask them, or if they did, they failed to press them.

Is it possible that Alito convinced them that a constructionist judiciary was what was needed to curb an overzealous executive branch? Did he somehow ease their minds about the security of Roe vs Wade?

Memory lapses about his membership in Alumini or why it appeared on his application was mentioned but not challenged. Biden talked for 11 minutes without asking a single question. I kept waiting for the real amunition to come out and didn't even hear a firecracker.

I'm not saying our boys on the committee were wrong to go easy on Alito if they were convinced it was somehow best for the country to do so. I would like an explanation though for the lackluster performance, and if this is why.

a staunch democrat, always

8
aBigSAM on January 11, 2006 at 01:36 AM

Abortion is a single-issue-voter issue. It's a smoke screen for what's really going on. Bush picked Alito to appease the extreme right wing of the Repub party. Alito has a very loose legal interpertation the Constitution of the United States, preferring to support the government over the rights of the people. He seems to disregard the Bill of Rights, and the balance of power in our government that was built into the Constitution by the Founding Fathers. If the attack on the Constitution succeeds Roe v Wade will be a moot point.
I thought it weird that he couldn't remember joining an extremely sexist and racist club at Princeton. I felt that someone needed to research his participation in the club. My bull-shit detector was really going off on that one.
The misinterpertation of the Constitution and the Bill of Rights could go a long way into turning this Democracy into a third-world dicatatorship. We do not need an unbalanced Supreme court.

9
Butte on January 11, 2006 at 02:02 AM

What the Senators Have Not Said That Must Be Said to Defeat Alito!! Alito and his "Federalist Society" Subscribe to Legal Theories of Nazi Crown Jurist Carl Schmitt- The Man Who Provided the legal rational to Make Hitler Dictator..."Legally"

To all the Senators and other elected officials, as well as all the people in the United States, don't be like the dumb "good Germans," of 1933. In February 1933, the Nazis, under the direction of Herman Goering burned the Reichstag to create an "Emergency, Emergency." Carl Schmitt, the Crown Jurist of Nazi Germany. the man whose ideas the mis-named Federalist Society has laundered into the United States, was ready with the "legal" justification of why Hitler must be given unlimited powers to "defeat the terrorists." In other words, the Nazis CREATED the "emergency" as the excuse to setup the dictatorship.
In 1934, writing in the Deutsche Juristen Zeitung, after Hitler had murdered his political opponents in what was called, "The Night of the Long Knives, Schmitt wrote, "The Fuehrer protects the law against the worst abuse when he, in the hour of danger, by virtue of his leadership, produces immediate justice. The true leader, is , at the same time, always a judge."
Schmitt later supervised a project for Herman Goering and Hans Frank, to purge German Universities of any Jewish influences and to confirm all German law to Nazi theory.
Schmitt also provided the "legal" justifications for Hitler's aggressions against other nations of Europe, by claiming that Germany was creating Grossraum, or spheres of influence, just like the United States' Monroe Doctrine!!!
Every time you hear Alito and the Federalist Society and Cheney and Bush proclaim the "unitary executive" theory, think of the consequences of allowing Hitler's Crown Jurist Carl Schmitt's philosophy to run the world, again.
The American people are getting a strong whiff of this fascism and they don't like what they smell. We defeated it before and we can and MUST DEFEAT FASCISM again! Alito must be sent packing.

This is really what Alito is all about whether he will admit it or not is irrelevant. The truth must be told, by the Senators and by all elected officials and all of the citizens. There are already four Federalist Society members on the Supreme Court and he would be the fifth.

Do you want to have a Nazi Supreme Court?

Don't be like the dumb, "good Germans" of 1933. Let us Defeat Alito and the "Carl Schmitt Society" called the Federalist Society Now!

These are the real enemies of the US Constitution. Our nation is at risk, from within. This has already gone too far. We must all say, right now, "Not one step further."

Gerald Pechenuk cities12345@yahoo.com

10
hopkins on January 11, 2006 at 02:35 AM

I get so tired of the emotional buzz words bull shit from the extreme left. You know it is bull shit yet you spout it like it is going to make you credible, it makes you look like an idiot. All of us in the middle are more afraid of you and your leftist attitude than that fool Bush. The extreme left of this party is going to kill the party off with the oddball views. Come back to the middle and the party will quit bleeding members.

11
Happyonahorse on January 11, 2006 at 10:08 AM

I think in all fairness, we need to focus on how Alito has ruled since becoming a Judge and not what he's said previously before becoming a judge. Before becoming a judge, his job was to have an opinion on one side of a case and since he's worked for conservatives and is one himself it seems logical that his opinions in such cases will be conservative. In 15 years of judge work, it should shed light on how much his personal views have influenced his judicial decisions. While yes, he does lean to the right (what do you expect from Bush?) most of his decisions haven't been all that far out of the mainstream. Also, were he to judge outside of the mainstream, keep in mind that the Supreme Court is a panel, not just one person so even if he is out of the mainstream on a particular case, the rest of the court is there to balance it out.

While the whole memory lapse regarding his years in college seem fishy, I think we've all done things or held opinions many years back in our past that we no longer agree with.

As much as I don't like Bush and who he hires, we have to look at how Alito judges, not what he believes in personally.

12
fallenturtle on January 11, 2006 at 10:29 AM

Again we need to go back to the issue of abortion, if the Supremes throw out Roe it then becomes a state issue, nothing less, it becomes a "states rights" issue and up to the legislature of each state, and if you have not noticed nearly every state has acted upon the issue and have protected abortion rights in the individual states constitutions. So when so many Senators bring up the subject as well as NOW it is just to get people motivated and give money. Here in CA nothing would change if Roe was overturned as the legislature has protected abortion rights in our constitution, but listen to the politicians howl and NOW squeal that the Supremes are going to take away the right to abort. Nothing would change it is just a political hot button, there are far more important issues than abortion rights, we have nearly 700 million muslims wanting to kill us because of our freedoms. Come on people think with your brain rather than your emotions. Think logically for a change and let us reason together with the other side and come to middle ground.

13
Happyonahorse on January 11, 2006 at 06:37 PM

Dear Democratic party: Alito must be rejected and/or filibustered. period. For the past several days I and millions of Americans have watched the hearings and have determined Alito is not worthy of sitting on the highest court in the land. I have spoken with many people who serve this party literally busting their butts to advance candidates, issues, etc. Without a doubt - we NEED a WIN!! We NEED our leaders to stand up for OUR rights! We NEED this in order to go into the 2006 and 2008 elections feeling and knowing our leaders stand for our rights. We need a clear and decisive stand against the radical right's agenda to take complete control of this country's government. We need you to stand up for the document that we steadfastly adhere allegiance to - the one they hate and are tearing to shreds - the US Constitution. We need our RIGHTS and FREEDOMS recognized clearly and resoundingly with a rejection of Alito. If Alito gets on the court - many hearts, souls, and minds are going to be broken wide open while every single American watches in horror as our civil rights and liberties are replaced by corporate rights and expanded, unending executive power. I mean it - we have taken five years of every kind of assault against us and our country we love. We cannot afford to have Alito on the court - our country and our lives will be gone forever. As important, this will render the Democratic party obsolete. We will have given up our effectiveness to stand up for what we believe in and what all we value. I cry for what has happened to this country while the wingnuts seize complete control over our lives, our families, and our friends. This nomination IS it; the big one! The decision that determines who really controls all of this country. Are you going to allow that to happen to us? Please, remember us: the ones who donate time, money, and effort to the party. The ones who have been drug through the mud over and over again. The ones who are holding on by a thread trying to save what's left of this country and our party. There is no reason Bush cannot give the country a moderate who would effectively fill the shoes of O'Connor. Please, you've earned the right to filibuster if necessary. Use it!

14
coloradoRob on January 11, 2006 at 07:55 PM

co rob,

you dems complain that rep are fear mongerers (if that is a real words?). Yet, you are spewing fear about the feds taking over our lives. Honestly tell me how the feds have affected YOU in the last five years. Have you been jailed, censored, exiled, spied upon, denied an abortion, etc?

Heck, I lived in the one of the most liberal states and didn't see me live change a bit.

And if Alito is confirmed, and if he over turns Roe v. Wade, abortion is not outlawed.

It just goes back to the states, including my former state of CA, where I am sure you can still get an abortion.

15
formercalifornian on January 11, 2006 at 08:12 PM

Hey you radical right wingers on this blog!

The issue is a lot bigger than the Roe. The issue is privacy rights, individual rights and ensuring the gains from the Warren Court decisions are not diluted even one bit!

Get your pal, Alito, to categorially acknowledge he will overturn Roe in the confirmation process. Then I will support an up-or-down vote.

He also needs to acknowledge the following:
- He supports the President's intepretation of the constitution- that he the President has the authority under the constitution to unilaterally decide the boundaries and scope of executive powers.
- He agrees with the radical right in their assumption that he will "right the wrongs" of the Warren Court
- He supports the notion that law enforcement has the authority to decide the scope of an individual's right and that decision will trump any of the amendments of the Constitution

Get him to publicly, openly and categorically acknowledge all of these and I will support a up-or-down vote. On the other hand if he decides to "filibuster" in the confirmation process and in essence takes a "5th" then Senators owe it to the American people to filibuster the nomination!

"Moderate" Senators including Specter cannot be saying one thing to their constituents and have a radical right wing voting record. We all know in order to get the chairmanship of the Judiciary Committee, Specter had to sell his soul to the radical right. He at least has to have the courage now to acknowledge that he is fully and totally aligned with the radical right.

16
SamSarma on January 11, 2006 at 09:09 PM

My BS meter was flying today.
Take this premise: Alito lied on his application to Ronald Reagan about being in CAP.
Now take a look at how he denies having any recollection. HMMM? His words actually fit better with someone who lied about membership in a right wing org to get a job in a right wing org. Now does the ROTC blunder fit better in this premise?
I can smell a liar all the way to Chicago!

17
Theresa on January 11, 2006 at 09:25 PM

I faxed the following letter to Specter and the Committee tonight. If the opposition is for real they will raise the issue. Otherwise it's just a dog & pony show.

January 11, 2005
United States Senate Committee on the Judiciary
The Honorable Arlen Specter, Chair
224 Dirksen Senate Office Building
Washington, DC 20510
Re: Judge Alito's Questionnaire

Dear Senator Specter:

Question 23 from the Senate Judiciary Questionnaire reads, in part, as follows:
Please provide a list of any instance during your
tenure on the Third Circuit that there has been
a request for you to recuse yourself from a
case, motion, or matter, or when you have
otherwise considered recusing yourself from a
case, motion, or matter.
As a litigant, who had filed several motions for Judge Alito's recusal, I was anxious to
review his answer to Question 23. He listed 23 cases, from 1990 to 2005. He failed to
include Heimbecker v. 555 Associates, 03-2180 (3rd Cir. 2004). To confirm that 03-2180 is
a case that should have been on his list but was omitted from his answer, the docket in
03-2180 reflects his order as follows:
2/9/04 ORDER(Alito, Authoring Judge,
McKee and Cowen, Circuit Judges)denying
motion by Pro Se Appellant H. Gerard
Heimbecker to Disqualify the Third Circuit
because each judge must decide individually
whether to recuse. Judges Alito, McKee and
Cowen do not recuse, filed. (ghb)
His list of 23 cases included both serious and frivolous cases. If 03-2180 was a
frivolous case, it would have been included. There can be only two possibilities to explain
his failure to include 03-2180 in his answer. Either he forgot or he didn't forget.
1. The " I Forgot" Possibility
I am sure he will agree this was a memorable case as I had written him a letter, dated
March13, 2004, detailing prima facia evidence of a federal judge lying on his Senate
questionnaire during that judge's confirmation process. The purpose of my letter was to
comply with 18 U.S.C.§4, Misprision of Felony, which states " [w]hoever, having
knowledge of the actual commission of a felony . . ."must ". . . make known the same to
some judge or other person in civil . . . authority." I reported the actual commission of a
felony to him and requested he report the allegations to appropriate civil authority. He
ignored my letter and voted to deny the motion to recuse. His vote is reflected on the
docket as follows:

4/1/04 ORDER (Scirica, Chief Judge,
Authoring Judge, Nygaard, Alito, Roth,
McKee, Barry, Ambro, Fuentes, Smith,
Chertoff, Fisher, Aldisert, Rosenn, Weis,
Garth, Stapleton, Greenberg and Cowen,
Circuit Judges) denying motion by Pro Se
Appellant H. Gerard Heimbecker to disqualify
the Third Circuit, filed. (ghb)
In fact, those orders led to the filing of a documented Judicial Misconduct Complaint
against the offending judge on October 12, 2004. Rule 4, Review By The Chief Judge,
states as follows:

T]he statute requires the chief judge to review
a complaint expeditiously. It should be a rare
case in which more than sixty days is
permitted to elapse from the filing of the
complaint to the chief judge's action on it.
(Emphasis added).

Apparently, the Judicial Misconduct Complaint was a "problem". Opening a legitimate
investigation would ultimately result in an impeachment referral. This outcome was
unacceptable. Accordingly, to thwart the process, the action of choice was inaction. Chief
Judge Scirica could have settled the matter with a five minute telephone call but opted for
the waiting game and when he failed to take action for 150 days, a Judicial Misconduct
Complaint was filed against him for violating the rules. That complaint prompted some fast
action for, in only 11 days, on March 28, 2005, Acting Chief Judge Nygarrd filed an order
which stated that the word "requires" did not mean mandatory it meant "aspirational in
nature"Judge Nygarrd explains his rationale in Footnote 4 of the order.

Footnote 4: What constitutes "expeditious"
review of a complaint is a matter of
interpretation by the judge determining the
complaint and may be affected by a number of
case-related factors. The 60 day period
referred to in the Commentary on Rule 4,
Rules of the Judicial Council of the Third
Circuit Governing Complaints of Judicial
Misconduct and Disability, is not mandatory,
but merely aspirational in nature. In event, the
determination as to what is expeditious in a
particular situation is a procedural decision
which normally is not subject to review in a
new misconduct complaint.

On April 25, 2005, this order was appealed to the Judicial Council on which Judge
Alito serves and on June 7, 2005, Judge Alito signed an order to affirm the absurd
ruling that the word "requires" does not mean mandatory; it is "merely aspirational in
nature". Does he really believe, as he affirmed, when Congress uses the word "requires"in a
statute, it does not mean mandatory; it means "aspirational in nature"?
Finally, after holding the complaint against the District Judge for 292 days, without an
investigation, Chief Judge Scirica filed an order which states in effect, since the alleged
offense occurred prior to the District Judge’s elevation to the bench, the Judicial Council
lacked jurisdiction. If this holding had any merit it should have resulted in the immediate
dismissal of the complaint almost ten months earlier. The opinion states as follows:

Insofar as Complainant alleges that
Respondent in his confirmation process made
statements which were, "knowingly and
willfully, fabricated," about his legal career at
the law firm, these allegations are subject to
dismissal pursuant to 28 U.S.C.
§352(b)(l)(A)(I) as not being cognizable
under the statute. Because this conduct
occurred during a legislative proceeding before
Respondent became a member of the federal
judiciary, the alleged discrepancies in the
information provided to Congress are not
subject to challenge in a judicial administrative
disciplinary proceeding.

On August 30, 2005, A Petition for Review to the Judicial Council was filed, complete with copies of the relevant false answers of the offending judge’s Questionnaire and a copy of the Federal Court Docket which refutes the judge’s answers.

On October 11, 2005, Judge Alito voted to affirm another absurd order. Does he really
believe, as he affirmed, because the false statements occurred during the confirmation
process,the JudicialCouncil lacks "jurisdiction" and is under no obligation to open an investigation or to report criminal conduct to proper authorities? This is very troubling.
Twenty days later, the President nominated him for the Supreme Court. Did he assure the
President there was nothing "out there" in spite of the five instances of his involvement in
this case?:
1. His vote on 2/9/04 which amounted to aiding and abetting a cover-up.
2. His failure to comply with 18 U.S.C.§4, regarding the letter of 3/13/04.
3. His vote on 4/1/04 to affirm the cover-up.
4. His vote on 6/7/05 affirming the holding " required"does not mean " mandatory".
5. His vote on 10/11/05 affirming the holding, “since the perjury occurred during the
process and prior to the District Judge's elevation to the bench the Judicial Council
lacked jurisdiction.
With all due respect, did he actually forget all of the above?


2. The "I Didn't Forget" Possibility

In light of his above actions, his reluctance to list 03-2180 on his questionnaire is
understandable but unacceptable. Perhaps he thought, as he affirmed, the Senate’s
requirement he provide full and complete answers was not "mandatory" but merely
"aspirational in nature". When completing his questionnaire he would have made aconscious decision to omit 03-2180. The evidence suggests the reason was to preclude his
having to account for his actions in this matter.

3. The Summary
If he forgot and should you need any documents to refresh his memory and the Clerk is
unable to find them, I will make them available to you. In any event, his memory lapse of
such a current, extensive and unusual record should preclude his confirmation to the
Supreme Court.

If he didn't forget, his conduct warrants an investigation and should preclude his
confirmation to the Supreme Court.

This is an extremely serious matter that deals with the integrity of the nominee. It will
survive this hearing. Judge Alito was advised of all of the above by letter dated December
12, 2005. He has failed to respond.

Several times today, Chairman Specter, you reiterated your desire to obtain all the
facts. Judge Alito swore to God that he would provide the “whole truth”.This matter is part
of the “whole truth” I look forward to the Committee obtaining all the facts.
Sincerely,
/s/
H. Gerard Heimbecker
cc: The Honorable Patrick Leahy, Ranking Member
Senate Judiciary Committee

18
Gerard on January 11, 2006 at 09:54 PM

I faxed the following letter to Specter and the Committee tonight. If the opposition is for real they will raise the issue. Otherwise it's just a dog & pony show.

January 11, 2005
United States Senate Committee on the Judiciary
The Honorable Arlen Specter, Chair
224 Dirksen Senate Office Building
Washington, DC 20510
Re: Judge Alito's Questionnaire

Dear Senator Specter:

Question 23 from the Senate Judiciary Questionnaire reads, in part, as follows:
Please provide a list of any instance during your
tenure on the Third Circuit that there has been
a request for you to recuse yourself from a
case, motion, or matter, or when you have
otherwise considered recusing yourself from a
case, motion, or matter.
As a litigant, who had filed several motions for Judge Alito's recusal, I was anxious to
review his answer to Question 23. He listed 23 cases, from 1990 to 2005. He failed to
include Heimbecker v. 555 Associates, 03-2180 (3rd Cir. 2004). To confirm that 03-2180 is
a case that should have been on his list but was omitted from his answer, the docket in
03-2180 reflects his order as follows:
2/9/04 ORDER(Alito, Authoring Judge,
McKee and Cowen, Circuit Judges)denying
motion by Pro Se Appellant H. Gerard
Heimbecker to Disqualify the Third Circuit
because each judge must decide individually
whether to recuse. Judges Alito, McKee and
Cowen do not recuse, filed. (ghb)
His list of 23 cases included both serious and frivolous cases. If 03-2180 was a
frivolous case, it would have been included. There can be only two possibilities to explain
his failure to include 03-2180 in his answer. Either he forgot or he didn't forget.
1. The " I Forgot" Possibility
I am sure he will agree this was a memorable case as I had written him a letter, dated
March13, 2004, detailing prima facia evidence of a federal judge lying on his Senate
questionnaire during that judge's confirmation process. The purpose of my letter was to
comply with 18 U.S.C.§4, Misprision of Felony, which states " [w]hoever, having
knowledge of the actual commission of a felony . . ."must ". . . make known the same to
some judge or other person in civil . . . authority." I reported the actual commission of a
felony to him and requested he report the allegations to appropriate civil authority. He
ignored my letter and voted to deny the motion to recuse. His vote is reflected on the
docket as follows:

4/1/04 ORDER (Scirica, Chief Judge,
Authoring Judge, Nygaard, Alito, Roth,
McKee, Barry, Ambro, Fuentes, Smith,
Chertoff, Fisher, Aldisert, Rosenn, Weis,
Garth, Stapleton, Greenberg and Cowen,
Circuit Judges) denying motion by Pro Se
Appellant H. Gerard Heimbecker to disqualify
the Third Circuit, filed. (ghb)
In fact, those orders led to the filing of a documented Judicial Misconduct Complaint
against the offending judge on October 12, 2004. Rule 4, Review By The Chief Judge,
states as follows:

T]he statute requires the chief judge to review
a complaint expeditiously. It should be a rare
case in which more than sixty days is
permitted to elapse from the filing of the
complaint to the chief judge's action on it.
(Emphasis added).

Apparently, the Judicial Misconduct Complaint was a "problem". Opening a legitimate
investigation would ultimately result in an impeachment referral. This outcome was
unacceptable. Accordingly, to thwart the process, the action of choice was inaction. Chief
Judge Scirica could have settled the matter with a five minute telephone call but opted for
the waiting game and when he failed to take action for 150 days, a Judicial Misconduct
Complaint was filed against him for violating the rules. That complaint prompted some fast
action for, in only 11 days, on March 28, 2005, Acting Chief Judge Nygarrd filed an order
which stated that the word "requires" did not mean mandatory it meant "aspirational in
nature"Judge Nygarrd explains his rationale in Footnote 4 of the order.

Footnote 4: What constitutes "expeditious"
review of a complaint is a matter of
interpretation by the judge determining the
complaint and may be affected by a number of
case-related factors. The 60 day period
referred to in the Commentary on Rule 4,
Rules of the Judicial Council of the Third
Circuit Governing Complaints of Judicial
Misconduct and Disability, is not mandatory,
but merely aspirational in nature. In event, the
determination as to what is expeditious in a
particular situation is a procedural decision
which normally is not subject to review in a
new misconduct complaint.

On April 25, 2005, this order was appealed to the Judicial Council on which Judge
Alito serves and on June 7, 2005, Judge Alito signed an order to affirm the absurd
ruling that the word "requires" does not mean mandatory; it is "merely aspirational in
nature". Does he really believe, as he affirmed, when Congress uses the word "requires"in a
statute, it does not mean mandatory; it means "aspirational in nature"?
Finally, after holding the complaint against the District Judge for 292 days, without an
investigation, Chief Judge Scirica filed an order which states in effect, since the alleged
offense occurred prior to the District Judge’s elevation to the bench, the Judicial Council
lacked jurisdiction. If this holding had any merit it should have resulted in the immediate
dismissal of the complaint almost ten months earlier. The opinion states as follows:

Insofar as Complainant alleges that
Respondent in his confirmation process made
statements which were, "knowingly and
willfully, fabricated," about his legal career at
the law firm, these allegations are subject to
dismissal pursuant to 28 U.S.C.
§352(b)(l)(A)(I) as not being cognizable
under the statute. Because this conduct
occurred during a legislative proceeding before
Respondent became a member of the federal
judiciary, the alleged discrepancies in the
information provided to Congress are not
subject to challenge in a judicial administrative
disciplinary proceeding.

On August 30, 2005, A Petition for Review to the Judicial Council was filed, complete with copies of the relevant false answers of the offending judge’s Questionnaire and a copy of the Federal Court Docket which refutes the judge’s answers.

On October 11, 2005, Judge Alito voted to affirm another absurd order. Does he really
believe, as he affirmed, because the false statements occurred during the confirmation
process,the JudicialCouncil lacks "jurisdiction" and is under no obligation to open an investigation or to report criminal conduct to proper authorities? This is very troubling.
Twenty days later, the President nominated him for the Supreme Court. Did he assure the
President there was nothing "out there" in spite of the five instances of his involvement in
this case?:
1. His vote on 2/9/04 which amounted to aiding and abetting a cover-up.
2. His failure to comply with 18 U.S.C.§4, regarding the letter of 3/13/04.
3. His vote on 4/1/04 to affirm the cover-up.
4. His vote on 6/7/05 affirming the holding " required"does not mean " mandatory".
5. His vote on 10/11/05 affirming the holding, “since the perjury occurred during the
process and prior to the District Judge's elevation to the bench the Judicial Council
lacked jurisdiction.
With all due respect, did he actually forget all of the above?


2. The "I Didn't Forget" Possibility

In light of his above actions, his reluctance to list 03-2180 on his questionnaire is
understandable but unacceptable. Perhaps he thought, as he affirmed, the Senate’s
requirement he provide full and complete answers was not "mandatory" but merely
"aspirational in nature". When completing his questionnaire he would have made aconscious decision to omit 03-2180. The evidence suggests the reason was to preclude his
having to account for his actions in this matter.

3. The Summary
If he forgot and should you need any documents to refresh his memory and the Clerk is
unable to find them, I will make them available to you. In any event, his memory lapse of
such a current, extensive and unusual record should preclude his confirmation to the
Supreme Court.

If he didn't forget, his conduct warrants an investigation and should preclude his
confirmation to the Supreme Court.

This is an extremely serious matter that deals with the integrity of the nominee. It will
survive this hearing. Judge Alito was advised of all of the above by letter dated December
12, 2005. He has failed to respond.

Several times today, Chairman Specter, you reiterated your desire to obtain all the
facts. Judge Alito swore to God that he would provide the “whole truth”.This matter is part
of the “whole truth” I look forward to the Committee obtaining all the facts.
Sincerely,
/s/
H. Gerard Heimbecker
cc: The Honorable Patrick Leahy, Ranking Member
Senate Judiciary Committee

19
Gerard on January 11, 2006 at 09:55 PM

..."Alito claims he has no recollection of his time spent with the Concerned Alumni of Princeton, and that he would have been uncomfortable participating in any group that espoused such sexist and racist views..."
----------------------------------------------
This one really drove me NUTS!! How STUPID! He's supposed to be so brilliant, etc., yet he put the name of a group that he was a member of on an application in 1985 PROUDLY, I might add, because I think it wasn't but 1 of 2 groups mainly, it sounded like to me, so that he would look better to Reagan. But, why on EARTH would you pick out a membership as being SO significant that you just HAD to put it on a job application in 1985, but by 2006, you remember absolutely NOTHING about your involvement!! Schumer was GREAT, by the way, with this one!!

He also made Alito look like an idiot because he had made such a blatant statement that couldn't be interpreted but ONE way when he said that the Constitution did NOT support a woman's having an abortion. Period. No special considerations - NOTHING! He answered questions about every single thing that he used as an excuse not to answer that one. It was hilarious when Schumer pointed that out.

In fact, did you notice that when he got all flustered and was obviously lying, he turned red on his cheeks and his eyes started looking all crazy. Someone said that he looked "creepy" and I HAVE to agree!

My final comment is one that I wish SOMEONE would bring up tomorrow when we get accused, once again, of being desperate because we know that we're going to lose. I'm afraid if past behavior is a predictor of future behavior, that the crazy Dems will BELIEVE that crap and not even try!! But, I want some of the Repugs to answer this question:

If we're so desperate and we aren't making any headway with showing Alito's true colors to the country, why is it that almost every single Repug senator when it was their turn to "ask questions", instead spent their entire 20 minutes trying to rehabilitate their "slam dunk" candidate?? I guess Lindsey Graham was the most obvious. He asked leading question after leading question trying to get the idiot to answer them so that he didn't look so bad from the former Dem. questioner. I laughed and laughed because Graham had to keep making the questions more and more obvious before he could EVER get him to answer the way he wanted him to to make himself look better! By then, it was sort of pointless.

I'm not so sure that he's that smart, really. Book smart, maybe, but he sure seems dumb when it comes to just plain, old common sense!

Oh! And, if anyone dares to compare him to Sandra Day O'Connor one more time, I'm going to SCREAM! I wish SOMEONE would say something along the lines of what Gore said to Bush when he was comparing himself to JFK!! He said, "I KNEW John F. Kennedy and believe me, Mr. Bush, you are NOTHING like him!" haha!

20
Bettz on January 11, 2006 at 11:45 PM

Well, our democratic senators demonstrated today that they can be as mean spirited as their republican counterparts. Come on folks, how about some humanity!

I am SO SICK of the leadership of both parties letting the media control the conversation. Aren't you supposed to be leaders in setting the tone!

21
bugequation on January 12, 2006 at 12:06 AM

Throughout watching these hearings i have noticed the disturbing stone countenance of Samuel Alito. For anyone to just sit there while being questioned on very touchy subjects or moral attacks (as the republicans would say) is very troubling. A normal human being with their own mind would have said something by now. I dont like trust his physical demeanor nor his past record. I hope for the sake of all americans that something drastic happens to keep him out of our courts, our politics, our lives.

22
Freyja on January 12, 2006 at 12:08 AM

I believe that Judge Alito's selection to the Supreme Court be denied. I do not agree with his view on abortion and his lies turn me away from his acceptance. His Denial at the hearing of certain instances,evan though it was evident and proven, he pulls the I don't recall that, and after hearing that I strongly oppose Judge Alio's selection to the Supreme Court on the fact that he can not be trusted. I believe he should not be allowed to have a biased view and then be selected to the Supreme Court. Thank you for listening to my opinion and have a nice day.

23
coryny on January 12, 2006 at 09:12 AM

I have been watching the Alito hearings and it makes me sick. When this man is confirmed we can kiss Roe goodbye along with the Bill of Rights.

The Democratic Party is dead, I'll miss it.

Barb Gardner

24
leez on January 12, 2006 at 11:09 AM

Can we trust Judge Alito? Is this a rhetorical question?
I've been catching portions of the hearing on CSPAN, and NPR. The man is scary.
What's even scarier is the ass-kissing of the man that the Republicans have been doing. And they are against gay marriage?
I've signed a petition, and sent emails to both of my senators.
It's bad enough that the man espouses the extreme right wing, but he has no integrity. Oh, yeah, he espouses the extreme right wing, why on earth would I expect integrity?

25
Butte on January 12, 2006 at 11:11 AM

I consider myself an independent voter...a fiscal conservative with liberal social leanings. With this in mind I would like to ask why the Democratic Party allows mumbling, bumbling, stumbling idiots like Ted Kennedy to act as a spokesperson for the party. He makes the entire party look bad and his statements do not further the Democratic cause...they are used by people like Rush Limbaugh to discredit the Democratic Party. In Virginia, Kennedy is a laughing stock, often referred to as "The Hero of Chappaquiddick". In this state we have Democratic Represntatives like Mark Warner our Governor, and Tim Kaine our newly elected Governor who make the party proud. Dinosaurs like Kennedy and former clansmen Robert Byrd...need to be put out to pasture for the good of the party. Their mere presence in the party brings a shadow of hypocrisy that is difficult, if not impossible to overcome.

26
GGIndependent on January 12, 2006 at 12:19 PM

Well, our democratic senators demonstrated today that they can be as mean spirited as their republican counterparts. Come on folks, how about some humanity!

I am SO SICK of the leadership of both parties letting the media control the conversation. Aren't you supposed to be leaders in setting the tone!

Posted by bugequation on January 12, 2006 at 12:06 AM

Bugequation,

I felt that I had to respond to your post because I don't quite agree with your assessment. I don't believe the Democratic Senators are being mean-spirited, but are being made to look that way because of the way the Repulication Senators are coddling Alito.

If you notice, any time a Republican Senator used their time, they RARELY asked a question. They spent most of their time praising him or putting down the Democrats. So yes, they will make the Democrats look like cold-hearted bullies.

27
TruthOnly on January 12, 2006 at 01:11 PM

TruthOnly,
Would that be like Patrick Leahy asking only 5 questions after bloveating for 30 minutes? He just likes to hear himself talk and show how important he thinks he is.

And as far as the questioning they are all looking like hypocrites...I don't remember them questioning Ruth Ginsberg quite as thoroughly and it was OK if she declined answering.

It is all just ridiculous, game playing politics.

28
GGIndependent on January 12, 2006 at 01:22 PM

um, this guy is so evasive, do obviously coached by the republicans, and his remarks so DO NOT match his record, that I am wondering why we haven't heard the 'F'(ilibuster) word yet. Please don't tell me that the dems are once again going to cave before the republican machine and prove once and for all that they do not have what it takes to make a clear stand for American freedoms.

29
junesxing on January 12, 2006 at 02:38 PM

Rawstory reporting that Democratic Senate aides privately saying there will be no filibuster of Alito and he will be confirmed. Every person best ask themselves WHY? After five long and agonizing years wondering just why this party confoundedly and rarely EVER stood up and fought for any of us against Bu$hCo's radical agenda including a $2 trillion dollar fiasco in Iraq - we really do have THE answer and in the end it's only about consolidating power and money, how to get it, and how to keep it. After watching the Alito hearings, One really realizes they are less politicians and more bad actors in a theater designed to rake in the cash and build power networks in exchange for faux promises and faux representation. So much to say and yet the sheer disgust of this party and it's leaders' disenfranchisement of the base, minorities and women and our rights which they now will allow to die along with the US Constitution and balance of powers and it's checks and balances. Bush is crowned King BY THE DEMOCRATS. Make NO mistake - there is NO LONGER a Democratic party. The Democratic leaders sold it and we were never consulted or alerted to the final sale. But it was written in the misdeeds and deliberate failures over the last five years. There is no longer a Republican party one could easily debate too (at least in true conservativism). It is only ONE big Corporate, elitest, and war mongering party run by power hungry, greedy and wealthy white men. When the American public is lied to day after day after day - something's up and when the Democrats do not fight back - it's obvious to this guy that they are really in bed with one another but don't want the public to know it. It's being portrayed like a one night stand but keeps on behind the public's back and never ends!! ha Being sold out for the last time by our leaders - I would like an honest answer on how to revoke my monthly Democracy Bonds. With all that combined revenue you've jointly made from the masses and WILL make at the middle class's expense and the rest of the world and it's finite resources you are all conquering, pillaging, and murdering for - you certainly will never ever miss my lousy $10 a month.

30
coloradoRob on January 12, 2006 at 02:41 PM

no reason for a filibuster.

Unlike Judge Roberts, Judge Alito has a paper trail as wide as it is long, and all of it shows a predispostion towards unbridled executive power, and the reversal of Roe. He may be a charming man, astute and erudite, well versed in the law, but that doesn't change the fact that his attitudes could well reverse 30 years of progress in civil rights, and help pave the way to a 'one party' state.

no reason for a filibuster.

31
junesxing on January 12, 2006 at 03:03 PM

Right.

So what is the party going to DO about it????

32
ldrager on January 12, 2006 at 03:23 PM

GGI,

Are we ignoring the over the top speech made by Lindsey Graham? (you know the one that made his wife cry, which the republicans were trying to blame on Kennedy.) What about all of the grandstanding that almost all of the Republicans Senators have been doing from day one?

33
TruthOnly on January 12, 2006 at 03:25 PM

GGI,

I just re-read your post and I do agree with you about it being game playing politics.

34
TruthOnly on January 12, 2006 at 03:27 PM

Under Alito's bland facial expression, I detect a person who harbors hostility toward his interviewers. I can sense an arrogance and unwavering attitude concerning his own ideology. In short, he appears to me that he is not at all open-minded. His view is quite settled; he doesn't want to change during the hearing and he will not change once he is in the Supreme Court.

He appears to me a cold-hearted, career-driven individual. Even though he may be brilliant, he can be a cold intellectual who thinks he is so brilliant that he is above everybody else.

I hope I am wrong.

35
may2002 on January 12, 2006 at 03:50 PM

I've read on some of these blogs attacks against the Democratic party and support for Alito?

Alito is a Right Wing neo-conservice!!!

Alito and the majority of the lying republicans are corrupt, deceitful, and they are bigots.

Republican come to this site to infest it with their hatrid and lies.

In the Vanguard Case, he did not recuse himself!
He ruled on the case in favor of Vanguard! It was his superior who found out about Alito's ties to Vanguard and he throughout Alito's verdict!! and the ruling was NOT as Alito ruled!

Thank you Senator Kennedy for standing strong!

Please stop this nominee!

36
CJmichigan on January 12, 2006 at 04:17 PM

We are already against Alito.

The question is - What are the DEMS going to do about it?

This comes down to one question? Will the dems have the guts to filibuster Alito, or will they complain and moan and then allow this Right Wing Bush NeoCon Appointee to take a seat on the high court?

My advice;

FILIBUSTER ALITO!!! What on earth have you been ‘saving’ it for, if not for this moment? Allowing Alito to become the next US Supreme Court Justice is opening the door to making abortion illegal, over-riding Congressional Powers in favor of a an all power executive (yeah, let’s allow the Supreme Court to sanction Bush’s illegal spying and torture as ‘executive privilege’), and gutting civil rights in favor of corporate power.

If you allow this nomination, you are allowing Bush free reign. You are surrendering the absolute LAST independent check of the executive branch. You are signing a Congressional Powers death warrant. I watched the entire 18 hours of questioning Alito. He said NOTHING to reassure the Senate or the American people that he would not continue executing his far right doctrine on the bench of the Supreme Court.

For the love of God, PLEASE stop this horror! This is an on-coming train wreck that can be seen as clearly as Hurricane Katrina on a satellite photo the day before it hit New Orleans. Are you going to act to stop catastrophe? Or, are you going to act like our ‘President’ and ignore the catastrophe until it is too late?

FILIBUSTER ALITO.

Please. I am pleading with you.

Do the right thing.

37
Debbielus on January 12, 2006 at 04:22 PM

i'll tell you this much, there is a good chance we will lose this battle and lose the judiciary for at least a generation, if we survive as a republic that long; but if we go down without a fight, then the democratic party has lost this voter permenantly.

38
junesxing on January 12, 2006 at 04:33 PM

I would like to direct the people who oversee these boards to the liberal and progressive blogs and message boards. Just giving you a head's up that you are in danger of losing your most ACTIVE base, the progressive community. If the dems do not filibuster, there is a MASS consensus that the dems will truly become irrelevant. Count me among them! We are the ones that support you, raise money for you, blog and e-mail your causes and positions, and fight Bush. I am telling you, as a community, we have had it! We have had it with stolen elections and the dems silence. We have had it with the dems backing down in confronting the Republicans on their constant lies. Go to the Democratic Underground. The Randi Rhodes Message board. Pick ANY liberal or progressive blog.

Fair warning. You lay down for this - we LEAVE you and put our energies into developing a progressive policy that has some courage.

39
Debbielus on January 12, 2006 at 06:07 PM

Mensakie.

Give me a break.

The judge's who testified on Alito's behalf demonstrated that their integrity (and thus their word) is useless since testifying on behalf a judge who may hear your cases on the supreme court is completely UNETHICAL and a total CONFLICT OF INTEREST. Also, he was a way out in right field on his third circuit court, and they differed with him on 85% of the cases. How on earth can they think he is 'measured' and has good judgement when they disagree with him EIGHTY FIVE PERCENT OF THE TIME!!!

He has a track record fifteen years long, and he has shown through his OVERWHELMING siding with corporations and government over individuals; he has completely shown who he is.....

This nomination is a NIGHTMARE, and IF he gets appointed, he will take America down a VERY dark road.

40
Debbielus on January 12, 2006 at 07:56 PM

Democratic Senators have to go for the filibuster. Let Frist use his nuclear option!

With Alito on the Supreme Court, the radical right will have 4 very good friends on the Supreme Court for 25, 30 or more years. Such a court will surely erode Privacy Rights, Individual Rights, Civil Rights and wall of separation between church and state, and increase the boundaries and scope of executive priviledge!

If Democrats in the Senate do not have the courage to protect the Constitution as we know it today, then Democrats need to find new leadership! Constituents of "moderate" Republican senators should remember how their senators vote in the new election! These senators should either stand up for the constituents who voted them office or be mindlessly aligned to the radical right. They cannot have it both ways!

The radical right wing "viruses" are infecting this blog to cause confusion! Doesn't work anymore.

41
SamSarma on January 12, 2006 at 08:34 PM

The news media today have a unified message: Samuel Alito is going to be affirmed to Justice Sandra Day O'Connor's seat on the Supreme Court, and without even the attempt of a filibuster by Democratic senators.

With such gravely vital issues as freedom of choice on abortion, torture of terrorist suspects, unconstitutional wiretapping, and the civil rights of minorities all on the line, the Alito confirmation struggle is a defining watershed.

Our Democratic senators must be held to account. They must be clearly told that if they do not truly fight the good fight, including the use of the filibuster, we will no longer support them. If they don't fight for our Constitutional interests NOW, what possible use are they in the future?

42
Timesurfer on January 12, 2006 at 09:16 PM


Filibuster this right wing anti-american extremist! Once again it looks like the democratic party is going to cave into the Republicans. Is ther really two parties - starting to worry about that. Come on - fight back - stop looking at polls to decide to do what's right. Alito should be in jail for lying to the Judicial Committe! Getsmart.

43
getsmart on January 12, 2006 at 10:33 PM


If the democrats are really a separate party from Rebulbicans there is no way any member of the democratic party should confirm Alito's nomination to Supreme Court. Getsmart!

44
getsmart on January 12, 2006 at 10:39 PM


If the DEms are really a spearate party of the Rebs than do not confirm this exxtremist Alito to Supreme Court! Getsmart.

45
getsmart on January 12, 2006 at 10:40 PM

Such emotion, very little logic, if you follow your emotions you will for certain find yourself on a trail that leads nowhere. If Roe is overturned it will become a State issue, how much better could it be, it will be taken out of the hands of federal politicians and each state legislature will be responsible. NOW and the DNC use the fear tactics with Roe to fund raise, do you really think pompus assholes like Ted Kennedy, or Durbin, or Schumer really care about the little person? Or do you think they care about getting reelected? They all talk a good story but do little for the commmon person. Don't you think it hypoticritical for the conscience of the Senate is referring to Ted (can't swim) Kennedy. My bull shit detector says the Dem senators could care less about anything but themselves. When they get in front of the camera they talk and talk barely asking a question but using the camera time to posture for the folks giving the big bucks back home, they talk a big story and rarely do they deliver. It is time for assholes like Kennedy, Biden, Schumer,Durbin to be sent packing and replaced with real Democrats who care about people. I'm tired of old rich farts telling me that they know the best for the working person.

46
Happyonahorse on January 12, 2006 at 11:21 PM

I'm not a blogger, butI have been so upset by these hearings and the Dems apparent caving in that I had to see what others are saying.

Colorado Rob, Junesxing, Sam Sarma, Debbielus, CJmichigan: You all speak for me. Can't anyone appeal to Republicans like Chaffee and Spector? Shame on them if they betray their constituents and their word.

47
DrDance on January 13, 2006 at 09:54 AM

We can't trust him and any Democrat who doesn't filibuster him doesn't deserve to stay in office.

I don't care if it's a sure-lose proposition. I don't care if it costs the filibuster altogether. I don't care how scared of the electorate you are. None of it matters.

This is the ball game.

This is the seat that the American Taliban has been working its fingers to the bone for 30+ years to secure and what was worth committing treason in 2000 to set the stage for. That Alito is clearly willing to aid and abet Shrub's imperial presidency acts is just icing on the cake.

Alito gets on the bench and it's over for my lifetime and beyond.

I don't want to hear pretty speeches about how they're going to vote against him. I certainly don't give a rat's patoot if his wife cries a bucketful. Nothing will matter if there is no filibuster.

Implicit promises were made to us when Roberts was confirmed sans the filibuster -- we were told that they were saving it for the big one. Well, this is the big one. Time to put up or get out and make room for people with the backbone necessary to clean up the monumental mess you've made in letting Alito get confirmed.

Stop him or die trying -- or face opposition at the polls fueled by the people who you used to be able to count on to walk the precincts and raise the money and make the calls and get little old ladies to the polls to vote for you. Because we will clean out the dead wood or die trying and, if you've acted like dead wood by neglecting to use the filibuster, that will mean you -- even if it means electing your opposition to clear your seat to make room for better to run the next time!

Think I'm not serious? Try me!

48
MarlaRandolphStevens on January 13, 2006 at 09:59 AM

We can't trust him and any Democrat who doesn't filibuster him doesn't deserve to stay in office.

I don't care if it's a sure-lose proposition. I don't care if it costs the filibuster altogether. I don't care how scared of the electorate you are. None of it matters.

This is the ball game.

This is the seat that the American Taliban has been working its fingers to the bone for 30+ years to secure and what was worth committing treason in 2000 to set the stage for. That Alito is clearly willing to aid and abet Shrub's imperial presidency acts is just icing on the cake.

Alito gets on the bench and it's over for my lifetime and beyond.

I don't want to hear pretty speeches about how they're going to vote against him. I certainly don't give a rat's patoot if his wife cries a bucketful. Nothing will matter if there is no filibuster.

Implicit promises were made to us when Roberts was confirmed sans the filibuster -- we were told that they were saving it for the big one. Well, this is the big one. Time to put up or get out and make room for people with the backbone necessary to clean up the monumental mess you've made in letting Alito get confirmed.

Stop him or die trying -- or face opposition at the polls fueled by the people who you used to be able to count on to walk the precincts and raise the money and make the calls and get little old ladies to the polls to vote for you. Because we will clean out the dead wood or die trying and, if you've acted like dead wood by neglecting to use the filibuster, that will mean you -- even if it means electing your opposition to clear your seat to make room for better to run the next time!

Think I'm not serious? Try me!

49
MarlaRandolphStevens on January 13, 2006 at 10:00 AM

The problem is the Dem leadership, they are cowards afraid of not being reelected. Get rid of the old entrenched ideologs that no longer speak for the Dem party and elect new Dems. Kennedy, Durbin, Schumer,are so transparent anyone can see their motives are only to get reelected. None of these people know the price of a bread, or gasoline, or the cost of a pound of hamburger. All they want is tv time so they can get more money to get reelected.

50
Happyonahorse on January 13, 2006 at 10:20 AM

I must say....

STANDING OVATION to MarlaRandolphStevens

"Stop him or die trying -- or face opposition at the polls fueled by the people who you used to be able to count on to walk the precincts and raise the money and make the calls and get little old ladies to the polls to vote for you. Because we will clean out the dead wood or die trying and, if you've acted like dead wood by neglecting to use the filibuster, that will mean you -- even if it means electing your opposition to clear your seat to make room for better to run the next time!

Think I'm not serious? Try me!"

They ignore THEIR base at their peril. I am with you 100,000,000%

51
Debbielus on January 13, 2006 at 01:27 PM

I do not think we can trust anyone who does not answer direct questions.It seems like he may have something to hide.I wish they would not confirm Alito but considering the Democrats are outnumbered,it is likely Alito will be confirmed.

52
LethalSnake on January 13, 2006 at 02:50 PM

I find it incredible that for all the rhetoric on this web site, not one of our Democratic senators have put Alito in the hot seat with questions about his racism, his sexism or his classism. The lack of hard interrogation only highlights the fact that the Bush Administration has either bought, frightened or co-opted most of the people we currently count as our elected representatives. And for the representatives in question to preen themselves as if they'd actually done a good job with Alito makes me nauseated. I'd already written off Biden and Clinton as candidates for President I could vote for, and I just keep on making notes. As I told my seventy-four year old father, he and I are both going to end up calling ourselves Democratic Socialists instead of being Democrats.

53
SheareBliss on January 13, 2006 at 03:06 PM

Dear Howard, I feel betrayed and dismayed at the lack of leadership and accountably by our Democratic Senators. Do they have any backbone to stand up against Alito.The people in America are crying out for leadership and backbone.If we don`t stand up now,we may as well cancel the elections in 06.If you will take a stand now,our base will be energised and we will win big in 06,but If we cowdown now,then we don`t deserve freedom any more.Please give us some hope for our future and our childrens future. I have a stratedgy that can the tide against Alito,but I cannot do it without your leadership.We must act now.If you will excite our base,we can stop Alito by organising a national call in day to target the Republican Senators who are up for reelection in 06,especially the Senators that sit on the Judicary.All we need to do is to put fear in there election campaigns for 06.Just as the President uses fear to control the American people,we just might get enough Repubicans to change their minds about voting for Alito and vote with us for a filibuster or an up or down vote.If you will do your part,then we the people will do their part and vote these crimanls out of office.Freedom cannot defend its self.Will you please defend it,while we still have the chance. Sincerely Wesley Brown

54
wesfbrown on January 13, 2006 at 03:07 PM

Is Judge Samuel Alito a conservative? Yes.
Was he nominated by the sitting President of the United States? Yes.
Will he be confirmed by the Senate? Yes.
Will he and other Supreme Court members reverse years of asinine, unconstitutional rulings? Yes.
Is there anything the whining, extreme, left-wingers can do about it? No.
I wish to God the Dems would filibuster. Maybe the Republicans would finally show some backbone and end that charade once and for all.
Enjoy the new day. See you next Supreme Court vacancy when you're crying about that one also.

55
AProudRepublican on January 13, 2006 at 03:28 PM

As a pro-choice gay man, who lobbied for reproductive rights in MN before Roe vs. Wade, (the idea of Scalito being confirmed is a nightmare, which will last 30 years and spell the end of Justice for LGBT people.) Any Democrat Senator that votes yes on Alito should be told by the Howard Dean, they won't receive a dime from the DNC.These Democrats won't get any support monetary, volunteer, or my vote EVER AGAIN!
These traitorous Democrats that support Scalito can go ask Falwell, Concerned Women of America, and Focus on the Family to fund their campaigns, they're dead to me.

56
underbear1 on January 14, 2006 at 02:09 AM

I recommend our distinguished democratic leaders (if any should ever actually read these posts) examine the following story link. It says it all!

http://www.consortiumnews.com/2006/011306.html

57
junesxing on January 14, 2006 at 09:58 PM

If we only could get our politicians to bring up a vote on abortion we would not have to run around like hens every time a seat is vacated on the Supreme Court. Lets vote on abortion. That is the only issue, when you boil all the other stuff down, which has most people freaked out about this appointment. I see the problem is that the legislators have no balls to stand up and vote on issues, then run again for election. It is easier to have judges in black robes do the work for them. Do your job and take responsibility for your beliefs.

58
farfoodle on January 21, 2006 at 10:06 AM

I've supported the Democrats for my whole life - given money, voted regularly, volunteered, the whole bit - but I've had it.

We have the ideal moment for a filibuster attempt - an unappealing and reactionary candidate for the supreme court at the same time as Bush's popularity is low and people are upset about the direction and actions of the government. There is no downside to Democrats standing up and refusing to allow confirmation of Alito until we have real answers on the criminal activities of the Bush administration - from corruption to torture. Placing a pro-Bush vote on the court at this moment is an act of collaboration with Bush and I expect the Democrats to at least try to stop it.

So I am making a promise to the Democratic party - no money, no votes, no volunteer time for any candidate who does not join a filibuster of Alito- and unlike our politicians, I keep my promises.

59
siun on January 21, 2006 at 03:38 PM

Dear Senator Feinstein,

We are dismayed and alarmed that you haven't yet come out in support of a filibuster to prevent Samuel Alito's confirmation to the Supreme Court.

A vote against Alito is not enough - in fact it will be meaningless if Alito is confirmed - in spite of your vote against his confirmation.

Alito is not just a threat to Roe v Wade and womens' rights.

Alito is a threat to our Constitution and our democracy.

As you know, Alito subscribes to the doctrine of the "unitary presidency" - as do justices Scalia, Thomas and the newly confirmed Roberts - who has now come out of the closet after concealing his true beliefs from the Senate.

It's now clear that Roberts will side with Scalia and Thomas in future decisions affecting the civil rights of all Americans. Does this surprise you?

It's also obvious that if Alito is confirmed he will join Scalia, Thomas and Roberts in forming a block of right wing extremist justices on the Supreme Court, all nominated by the Bush family.

It requires no imagination to conclude that Scalia, Thomas and Roberts are Bush family loyalists and can be counted on to distort the Constitution in defense of the corrupt Bush administration.

One need only read Scalia's contorted opinion on Bush v Gore to realize that our Supreme Court had already been corrupted before selection 2000.

And I'm sure you're aware of Robert's participation in the theft of the presidency in 2000.

You must also realize that we are in the throes of a Constitutional crisis, with Bush in defiance of Congress and the Constitution.

Make no mistake, Alito is a corporate stooge, a Bush loyalist and part of the fascist takeover of America.

If Senate Democrats fail to stop Alito's confirmation, the Senate itself will become irrelevant to the future of America.

A majority of Democrats - your constituents - recognize the threat facing our nation and will support a filibuster opposing Alito's confirmation.

We expect our Democratic leaders to stand up for Democratic values.

We hope you will listen to your constituents and do the right thing.

Sincerely,
.

60
justintime on January 21, 2006 at 04:56 PM

The issue for me now has become "can we trust our Democratic representatives to stand tough and fight for our interests."

I agree with Siun upthread: I will NOT support my Democratic representatives again with money time or votes if they refuse to filibuster. I've had enough. It's time our interests are represented. It's time for you to fight no matter what the political cost or what the chances of winning are.

You have to fight or you're losing us.

If not now, when? How much worse does it have to get?

61
mercury1 on January 21, 2006 at 05:22 PM

Filibuster! This is the line in the sand. If not now, when? As many have said, if the Democratic leadership can not step up to the plate when it is so important for us, many of us lose confidence and support. My family has been Democratic since Adlai Stevenson ran for president. I resisted the temptation to vote for Nader in 2000. Please, please, don't disappoint. The stakes are too high.

Please listen to us.

62
koheleth on January 21, 2006 at 05:42 PM

Everything possible should be done to prevent confirmation of Judge Alito. His acceptance on the Supreme Court will shield the Bush Admininstration from any judicial or congressional oversight for its gross abuse of powers.

Democrats in the Senate should make no mistake: this is a litmus test, and any Senator who votes for Alito or fails to support a filibuster will become abandoned by the majority of Democrats at the next available opportunity.

63
scarecrow on January 21, 2006 at 06:14 PM


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