Specials DIVERSITY EMPLOYERS MAGAZINE Spring 2011 - Anniversary Commemorative Issue Hispanic American Village Jobs Center Featured bilingual and other opportunities for all levels   Alliances Meet more IMDiversity Employment Opportunity Network allies

Supreme Court Nominee Alito and the Hispanic Community

Digest of views, pro and con, from throughout the community

By HAV Staff

January 15, 2006 - Judge Samuel Alito’s nomination will likely sail through the Senate Judiciary Committee, virtually assuring him equally smooth passage into Sandra Day O’Connor’s vacant seat on the Supreme Court.  Confirmation hearings last week saw quizzing senators either expressing awe of the Circuit Court Judge’s jurisprudent acumen and experience (Republicans, mostly), or pro forma and/or self-serving grilling (Democrats).  They underscored the vast cultural gap between mainstream organizational Latinos and the ruling class of this country.  Since Alito's nomination to the Supreme Court, in November, few prominent Latinos have openly expressed support.

Following are excerpts from statements from major organizational and individual Hispanic players, all of which strongly opposed the nomination, and from three pro-parties: an individual, a Christian ministers’ group, and the U.S. Attorney General, Alberto Gonzalez.

CON

MALDEF—Mexican American Legal Defense and Education Fund

Ann Marie Tallman, President and General Counsel:

MALDEF’s thorough review of Judge Alito’s legal record has revealed a disturbing pattern of insensitivity towards Latinos’ lives and a pattern of legal opinions that would, if he is confirmed, dismantle fundamental constitutional protections currently enjoyed by the Latino community and all Americans.  [There are] three areas of Alito’s record that are particularly troubling to MALDEF: access to justice, employment  discrimination, and immigrants’ rights.

After a review of some of the cases in which Judge Alito’s decisions or dissents were most troubling to MALDEF (one in which Judge Alito upheld the constitutionality of the dismissal of jurors on the ground that they understood Spanish), Ms. Tallman concludes:

Samuel Alito’s legal record regarding racial discrimination in jury selection,  employment discrimination, immigrants’ rights, the Commerce Clause, and criminal  procedure raises serious concerns regarding his impact upon the legal interests of the  Latino community. 

LULAC-- League of United Latin American Citizens

National President, Hector Flores:

Americans in general and Latinos particularly, should be extremely concerned about this nominee to the Supreme Court,  Sam Alito’s record demonstrates a predilection to support government action that abridges individual freedoms.

Flores goes on to chastise the Bush administration for again passing up a Latino nomination: President Bush has consistently passed up the opportunity to nominate a Latino to the Supreme Court.  Instead, the President has chosen to place a judge that has all too often taken a hostile position toward fundamental civil liberties and civil rights who has no problem expressing views so extreme that they would deprive many immigrants and citizens of basic human rights.  Such views are alarming and legally wrong, and they run counter to our basic moral values as a nation.

Congressional Hispanic Caucus

Rep. Charles Gonzalez (D. Texas):

The national advocacy groups and coalitions, with whom we have worked closely over the years have done a tremendous job of reviewing the Alito record starting from his days with the Reagan Administration.  Their findings, which form the basis of their opposition to his nomination, are significant and pose legitimate and serious concerns about Judge Alito. (At the time of this writing, the CHC had not chosen to make a statement based on its own findings.)

PRLDEF—Puerto Rican Legal Defense and Education Fund

PRLDEF issued a statement to the press:

…if Judge Alito is confirmed by the U.S. Senate, the mission to protect the rights of Latinos could be at risk…

… Although PRLDEF does not normally endorse or oppose candidates, the investigation revealed that Judge Alito had demonstrated an approach to civil rights that was contrary to PRLDEF’s mission of protecting the rights of Latinos. PRLDEF wrote several senators urging them to reject the nomination.

The examination of Judge Alito’s public record, including various decisions written during his tenure as an appeal judge, raised serious concerns about the impact his elevation would have on issues important to the Latino community, including immigrant rights, affirmative action, racial discrimination and employment discrimination…

…In five dissenting opinions related to the rights of immigrants, Judge Alito consistently ruled against the position asserted by immigrants.  In Dia v. Ashcroft the majority declared that Judge Alito’s opinion, “not only guts the statutory standard, but ignores our precedent.”

PRO

Alberto Rivas

Judge Alito apparently has a long-time Hispanic friend, a man he appointed, as the first Latino to his staff when he became a U.S. District Attorney, New Jersey.  Alberto Rivas has been on a speaking tour, appearing in nine states and on various news media speaking in support of his former boss.  Rivas is a partner in the law firm of Lite, DePalma, Greenberg and Rivas, in Newark.

Here are excerpts from his statements:

From a guest column he wrote for Hispanic Link: http://www.hispaniclink.org/newsservice/columns/4152e.htm

While I share the disappointment of my fellow Hispanic lawyers that a Hispanic wasn’t nominated as a Supreme Court justice, Alito would be good for all Americans, including Hispanics.

There are, however, a few details about Judge Alito's record to lead me to believe that many Hispanics would be happy to have his voice on the court. Alito's father was a first generation immigrant and the judge seems to be sensitive to the concerns of immigrants.

Many Hispanics in this country are religious, and people of all faiths have a friend in Judge Alito, who also happens to be a practicing Catholic.  He has consistently ruled in favor of religious expression.

As the U.S. Attorney for the District of New Jersey, he increased the number of Hispanic assistant U.S. attorneys in the office. As a group, Hispanic attorneys had been underrepresented in that office. He rectified what had been a glaring omission.

And, from Rivas’ statement to Univisión reproduced on the Alito web site: http://judgealito.com/cgi/doc_news/display.cfm?doc=161

Translated from the Spanish:

I don’t remember any of his decisions in which Alito limited the rights of undocumented immigrants.  In fact, I remember having heard him speak of the necessity to be sensitive to the undocumented in matters of abuse or exploitation.

Organization of Hispanic Ministers

As reported in the online edition of Hoy, members of the Organization of Hispanic Ministers, on the 11^th, January, held a silent vigil outside Judiciary Committee member, Senator Charles Schumer’s office, protesting what they said was harassment in Schumer’s “very foolish” (tan tontas), repetitive and unfair questioning of the nominee.  Speaking for the group was Reverend Rubén Diaz, Democratic State Senator.

Attorney General, Alberto Gonzalez

Judge Alito’s most weighty supporter is Attorney General Alberto Gonzalez.  In prepared remarks delivered at the Latino Leaders’ Luncheon in Washington, on Nov. 2, 2005, Gonzalez, after crediting himself with being instrumental in selecting the short list of candidates which, in the end, was topped by Alito, said:

Judge Sam Alito has been on the bench for fifteen years…and he is well known for his fairness, his character, and his commitment to the rule of law.  During his thirty years of public service…Judge Alito has earned a reputation for excellence that few can equal.

*******************************

Alito and the Attorney General share similar views on several issues.  Most notably, they support an ever-expanding executive branch and a “unitary presidency,” or one with near-absolute power.  Both are supportive of President Bush’s unilaterally—that is without prior judicial approval--conducting electronic surveillance on citizens suspected to have links to terrorist organizations, an action that Republican Senator Arlen Spector—who has already said he will vote in favor of the Alito nomination—declared may be an impeachable offense.  In further political irony, LULAC, so opposed to the Alito nomination, was equally adamant in support of Gonzalez’s confirmation.  LULAC President Hector Flores assured the same Judiciary Committee, on Jan. 6, 2005, that, as Attorney General, Gonzalez would “guide the Department of Justice to uphold the civil rights of all Americans.”