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For Immediate Release December 15, 2005 Contact: Karen Finney - 202-863-8148
Ashcroft Values on the Supreme Court?
Washington, DC - According to the New York Times, former Attorney General John Ashcroft has decided to sign a letter endorsing Judge Samuel Alito's nomination to the Supreme Court. This follows recent efforts by conservative groups to defend Alito's "argument that the police were justified in strip-searching the young daughter of a man suspected of dealing drugs." 12/14/05]
"Ashcroft's support for Alito raises important questions: Are the views of Bush's latest nominee to the Supreme Court out of step with most Americans? Will Bush's nominee bring the Supreme Court together or divide it?" said Democratic National Committee Communications Director Karen Finney. "As the head of Bush's Justice Department, John Ashcroft repeatedly sought to erode Americans' personal and civil liberties. Ashcroft's support for Alito is troubling."
Alito Dissented in 10-1 Decision on Gender Discrimination. Alito was the lone dissenter in a 10-1 decision of the full Third Circuit Court of Appeals in a case concerning gender discrimination, Sheridan v. E.I.DuPont de Nemours and Co. In this case, Alito's opinion would have prevented a woman claiming gender discrimination from going to a jury trial, despite the fact she had evidence that her employer's claim that it had legitimate grounds to deny her a promotion was a pretext for the employer's allegedly discriminatory measures.
Alito Denied Claims of Egregious Sexual Harassment. In Robinson v. City of Pittsburgh, Judge Alito wrote for a three-judge panel denying a female police officer's sexual harassment claims, despite the alleged egregious actions of her supervisor, consisting of "unhooking her bra, snapping her bra strap, touching her hair and ears, telling her 'you stink pretty,' making comments about the size of her breasts, blowing her a kiss, asking her out for a drink, touching her leg under a table, putting his hands around her waist, dropping his keys down the back of her shirt and attempting to retrieve them, and describing the position in which he and Robinson would have sex if they were to do so."
Alito Wanted to Impose Huge Evidentiary Burden in Employee Discrimination Cases. In his dissent in Bray v. Marriot, Alito argued for an evidentiary burden on victims of employment discrimination that, according to the majority, would have "eviscerated" legal protections provided by Title VII of the Civil Rights Act. The majority opinion also stated that Alito's position would protect employers from discrimination suits when an employer chooses a "best" candidate based on "conscious racial bias" - that is, by failing to even consider members of a protected class.
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