Judge Alito’s values threaten Maine’s way of life

The nomination of Judge Samuel Alito to the U.S. Supreme Court threatens to dramatically and virtually permanently reduce the power of the people to enact positive social change through our government institutions.

Alito’s record indicates a history of right-wing extremism and a value system contrary to Maine’s core values of strong communities, fairness and investing in our future. Like his right-wing supporters, he has consistently worked in the minority to deny the rights of individuals and worked to eliminate essential protections for our citizens. In stark contrast with the majority of Maine people, he has repeatedly acted to limit the protections of women, families, seniors, our communities and the environment.

A significant majority (58 percent) of Mainers identify themselves as pro-choice and believe that abortion is a decision between a woman and her doctor and should be legal compared to the small number of respondents (14 percent) who favored restricting all abortions unless the life of the woman is in danger.

Alito’s stance on abortion is severely out of step with Maine values. In a 1984 job application for the Third District Circuit Court of Appeals, Alito told then Attorney General Edwin Meese his views on the protections of minorities and women’s rights. Simply, “I am particularly proud of my contributions in recent cases in which the government has argued in the Supreme Court that racial and ethnic quota’s should not be allowed and that the Constitution does not protect the right to an abortion.” (Sammon, Washington Times, Nov. 14.) Further, as a judge for the Third Circuit Court of Appeals based in Philadelphia, he voted in favor of a new law that required wives to inform their husbands before getting an abortion. The Supreme Court disagreed with him and voted for the rights of women in Planned Parenthood vs. Casey, the 1992 case that reaffirmed Roe v. Wade.

While his vision for the relationship between government and women is disturbing, his commitment to a right wing ideology and repudiation of community values should worry the great majority of Mainers. He has maintained an active and committed relationship with the Federalist Society and the Heritage Foundation – two of the most notorious right-wing think tanks in Washington, D.C. Maine has rejected such extremism. Even with increased pressure from right-wing groups like the Maine Heritage Policy Center and the work of anti-government zealots, Maine has maintained a strong commitment to community values and maintaining a strong social safety net.

We believe in strong communities. In Maine we take care of our own, especially when a member of our family falls ill. Alito argued against essential protections for our families guaranteed in the Family and Medical Leave Act (FMLA). This basic protection of unpaid leave in the case of a family or medical emergency is so essential to Maine with its unusually large percentage of senior citizens that Maine passed its own version of the law. The need for this security has become even more important as our seniors face baffling changes to Medicaid and the resulting challenges to get their prescription drugs. Maine’s elderly population will likely see an increased risk of illness due to lack of access to their medications and an increased pressure on family members to provide support.

Alito further rejected Mainers’ commitment to community values by rejecting the citizen’s ability to challenge corporate or government corruption, carelessness or indifference – even in the case of clear wrongdoing. In one instance, Alito filed a concurrence in Sabree v. Houstoun suggesting that future Medicaid recipients may be unable to enforce the rights that Congress guaranteed them. The trial court had ruled that Medicaid recipients had no right to enforce the requirements in the Medicaid Act

that covered services must be provided promptly.

The Third Circuit then reversed, finding that Medicaid recipients could go to court to enforce their right to receive covered services. More recently, Alito joined a minority opinion concluding that a federal agency could not be sued for failing to enforce its own regulations concerning accessible housing for people with disabilities (ADAPT v. United States Department of Housing and Urban Development).

We believe in fairness. Mainers consistently reject discrimination, most recently in last November’s election. Contrary to Mainers’ bold statement to protect the civil liberties of the gay, lesbian, bisexual and transgendered population, Alito acted to diminish such protections. In 2001, he overturned a school district’s anti-harassment policy that included a ban on anti-gay slurs, saying that it violated free speech.

Mainers believe in investing in the future. We have a long history of supporting bonds to pay for environmental protections, education, economic development and infrastructure. Alito has sided with powerful special interests to eliminate the citizens’ right to pursue these goals. In Chemical Manufacturers Association v. the Natural Resources Defense Council, Alito argued for dangerous environmental variances for chemical manufacturers.

In another notable case, he ruled in Public Interest Research Group (PIRG) v. Magnesium Elektron that the Constitution barred citizens from enforcing the Clean Water Act even against a company that admitted it had been violating the law for years. The Magnesium Elektron decision threatened to effectively end the enforcement of the Clean Water Act. Fortunately, the Supreme Court effectively reversed this decision three years later in another case.

Mainers have shown a powerful commitment to community, fairness and investments in our future and we view democratic government as a means to collectively creating a brighter future. Yet, the confirmation of Samuel Alito will take away our powers to realize our values with diminished rights of women, families, seniors and communities. Samuel Alito stands proudly in the camp of a noisy minority that threatens our way of life. He is out of step with the values of Maine people and our nation.

We urge Sens. Snowe and Collins to reject his nomination and urge the president to select someone more in line with the values of our nation.

Anna Marie Klein is executive director of the Katahdin Institute, a nonpartisan and nonprofit think tank based in Portland. For more information, visit www.katahdininstitute.org.