Liberty Counsel Praises Bush's Selection of Samuel Alito for the Supreme Court

Oct 31, 2005

Washington, D.C. - Today, President Bush nominated Samuel Alito to replace retiring Supreme Court Justice Sandra Day O'Connor. Liberty Counsel praises the nomination and is elated that President Bush kept his campaign promise that he would appoint Justices like Antonin Scalia and Clarence Thomas to the Supreme Court. Liberty Counsel is a nationwide, public interest litigation, education and policy organization that specializes in constitutional law.

Samuel Alito is currently a judge on the Philadelphia-based Third Circuit Court of Appeals. Alito was appointed to that court by President George H.W. Bush. Judge Alito has a strong conservative judicial philosophy, writing opinions in some very high profile cases. Judge Alito wrote the only dissent in Planned Parenthood v. Casey at the Third Circuit, stating that he would have found a state law constitutional that required women to notify their husbands prior to having an abortion. Judge Alito's opinion was not adopted by the U.S. Supreme Court, but Justice Rehnquist, who dissented at the Supreme Court on Casey, quoted Alito's dissent.

Judge Alito also wrote the majority opinion in ACLU v. Schundler, which upheld a Jersey City nativity scene display. Judge Alito found the display constitutional over the ACLU's argument that the nativity scene display was "tainted" because the display started with just the nativity scene and other secular symbols of the season were added after the lawsuit was filed. Liberty Counsel relied heavily on Judge Alito's opinion in Schundler in the McCreary County Ten Commandments case.

Other notable opinions by Judge Alito include an opinion in Saxe v. State College Area School District which held unconstitutional an "anti-harassment" code that prohibited "harassment" based on, among other things, sexual orientation.

Mathew D. Staver, President and General Counsel of Liberty Counsel, stated: "I am pleased with President Bush's nomination of Judge Alito. While Liberty Counsel believed President Bush made a mistake in appointing Harriet Miers, we stand ready to support the President in this nomination. We applaud the President for keeping his campaign promise to nominate candidates to the Supreme Court who respect the rule of law and will decide cases on a principled basis instead of imposing their will by judicial fiat. Judge Alito's record makes it clear that he respects the proper role of the Supreme Court, and we look forward to seeing Alito's opinions as a Supreme Court Justice."

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