To Be Equal:
Alito must be stopped

Marc H. Morial

Earlier this month, the National Urban League released its comprehensive report on the nomination of Samuel Alito to the U.S. Supreme Court. Our report concluded that, throughout his career, Judge Alito has interpreted the Constitution and laws in a manner that undermines civil rights, equality of opportunity and social justice. If elevated to the Supreme Court, he is likely to shift the Court even further away from its role as the final protector of the rights of all of Americans.

The National Urban League closely monitored Judge Alito’s Senate confirmation hearings to gain further insight into his philosophy and approach; we also hoped to hear something from him that would assure us that he had changed. Unfortunately, Judge Alito did nothing to allay our concerns. In fact, his failure to address or explain his abysmal civil rights record only deepens our opposition.

As the Alito nomination moves through the Judiciary Committee to the Senate floor, his supporters are pushing for an abbreviated debate and quick vote, but this process must not be rushed. The American public deserves an extended debate and deliberate consideration of this all-important lifetime appointment. We also deserve to have every senator do everything in their power to fight the drive to roll back civil rights through the installation of anti-civil rights judges on the federal courts — and that means filibustering this nomination, if necessary.

Some senators have expressed reluctance to filibuster the Alito nomination, but it’s time to get over it and do the right thing. This is exactly the “extraordinary circumstance” for which the filibuster was supposedly reserved in the compromise struck last spring by a bipartisan group of senators trying to stave off the so-called “nuclear option” they feared would permanently eliminate the filibuster. 

A nomination to fill the so-called “swing seat” on the U.S. Supreme Court is, in itself, an extraordinary circumstance. But when the nominee has a long, clear and consistent record of ruling against discrimination victims, objects to cases establishing the well-settled principle of one-person, one-vote, and has been openly antagonistic toward affirmative action, the circumstance is, without any question, truly extraordinary.

In striking its ill-advised compromise, the so-called “Gang of 14” — seven Republicans and seven Democrats — cleared the way for the immediate confirmation of three anti-civil rights judges to lifetime appointments on federal appellate courts. At the time, the Urban League Movement strenuously objected to this agreement that so severely undercut the interests of our African American constituents.

The nomination to replace Justice Sandra Day O’Connor — who was often the critical deciding vote on issues that impact our community — is of enormous concern to African Americans. Unfortunately, rather than take this opportunity to demonstrate his stated commitment to civil rights, the president selected yet another nominee with a clear anti-civil rights record who is likely to dramatically shift the Court further to the right and undermine fundamental civil rights protections for African Americans and others. As a result, every major African American civil rights organization and numerous other groups representing tens of millions of diverse African Americans throughout the country have opposed this nomination.

During the confirmation hearings, Fred Gray, Martin Luther King’s lawyer and friend, warned Senators that a Supreme Court Justice with Judge Alito’s views would impede civil rights. “If this occurred,” said Attorney Gray, who also represented Rosa Parks, “not only would African Americans lose, the entire nation would lose the great richness of their contributions as currently enjoyed.”

Just three days later, U.S. Senators joined Americans across the nation in celebrating Dr. King’s birthday. Among them was Senator Mark Pryor of Arkansas (one of the “Gang of 14”), who said in a statement: “[I]n the spirit of Dr. King’s life, our nation must continue to turn the light inward and expose injustice. Dr. King’s purpose in life did not end in his death, nor did it end in the court cases and legislation that have further expanded freedom and opportunity in America since that time.”

Senator Pryor got it right. The courts have traditionally been the vindicator and protector of the rights that Dr. King, Fred Gray and countless others fought so hard to gain.  Sadly, the courts’ ability to continue this critical role is now in jeopardy and will be further diminished should Samuel Alito take a seat on the Supreme Court. However, this result is not inevitable. It can be stopped. But only if the Senate stands up for civil rights.

We call on every U.S. senator to honor Dr. King’s legacy in actions — not just in words and not just on the 15th of January — by protecting the cases and litigation that expand freedom and opportunity in America. They must do everything in their power to ensure that Judge Alito is not confirmed to the U.S. Supreme Court and to clear the way for nominees who value and protect our civil rights. And if that means using the filibuster, by all means do it!

Marc H. Morial is the president of the National Urban League.