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Akaka Announces Opposition To Alito Nomination

January 26, 2006

Washington, D.C. -- Senator Daniel K. Akaka (D-HI) issued the following statement on his intention to vote against the confirmation of Judge Samuel Alito to the United States Supreme Court:

"In the months since President George W. Bush nominated Judge Samuel Alito as an associate justice on the United States Supreme Court, I have carefully considered his record. I evaluated his long history of government service and his work on the United States Court of Appeals for the Third Circuit, and I have closely followed his confirmation hearings.

"I am not confident that Judge Alito will be able to fairly apply the principles embodied in the United States Constitution. I believe in a nation where everyone has the opportunity to receive justice in a court of law. As a judge on the Third Circuit, he has repeatedly made it difficult for victims of discrimination to prevail or even receive a jury trial. I cherish our system of checks and balances in government, but Judge Alito's record shows that he would undermine Congress's authority to protect the public. On the Third Circuit, Judge Alito has ruled that Congress did not have the authority to pass the Family Medical Leave Act or to enact a federal ban on the possession or transfer of machine guns. In both cases, the Supreme Court disagreed with Judge Alito's conclusions and upheld these protections. I take my responsibility to provide advice and consent seriously. I cannot support Judge Alito's nomination.

"Unfortunately, Judge Alito is expected to be confirmed as Justice Sandra Day O'Connor's replacement. This means he will be in the position to affect a number of critical issues in the coming years. Important questions on privacy, the environment, presidential power and women's reproductive rights will all come before the Court to be resolved. With Judge Alito sitting on the Supreme Court, I am very concerned about the direction the Court will take our great nation.

"Although during his hearings Judge Alito promised that he would not legislate from the bench, his record indicates otherwise. For the sake of our country, I am hopeful that Judge Alito will take seriously his commitments to uphold the principles of our Constitution."


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