The Anti-worker Sam Alito. A scary record. Email Print

The cases where Judge Alito took a stand show an incredibly low regard by him for the benefits, rights and safety of working men and women.  These examples  >>


1.  Retirement and pension case.

This is important to retiring workers. In DiGiacomo v. Teamsters Pension Trust Fund [pdf file], the 3rd Circuit Court found that a Teamsters driver, who had worked from 1960 to 1971 and then from 1978 onwards, should be duly credited for the time he worked before 1971 in calculating his pension.  (The judges, most of them, based their decision on an interpretation of the federal Employee Retirement Income Security Act (ERISA) which bars a forfeiture of benefits due to a break in service.)

     Sam Alito wrote a lone dissent that would sacrifice the worker's retirement to deny him the credit of his earlier 11 years of work – by virtue of Alito's anti-worker interpretation of the ERISA law.


Note. The above was written up first by NathanNewman, who I will link to below.  This post is written in words close to Newman's writing, not my own original.  I'm reposting NN's examples here, to get ahead of Monday's hearings.

2.  In Specter v. Garrett,  Alito voted to deny judicial review to workers and their unions in their challenge of the Base Closure Commission's move to close a federal shipyard where workers' jobs were imperiled.


3.  Safety Protections for Workers

In   RNS Services. v. Secretary of Labor, filed in 1997, the court found that a mining services company in its coal processing plant was jeopardizing worker safety under the Federal Mine Safety and Health Act.

The company tried to claim it should not be covered by the mining safety law, seeking to exclude its coal processing plant from application of the law. The Court rejected the company's claim and held the plant needed to comply with the MSHA safety provisions.


Alito voted in dissent to hold the facility exempt from the safety regulations.

These are only a handful of examples from NathanNewman's catalog at dailykos of Alito's positions [and seen also here at Newman's own site].

The Yale law school "Alito Project" reviewed decisions by Alito and concluded,

The dominant theme of Judge Alito’s procedural jurisprudence, then, is his willingness to place limits on litigants’ ability to pursue their claims in court. Judge Alito has permitted individuals to be deprived of property or liberty without actual notice or a prior hearing.

Bush's regulators would gut every safety regulation on the books, and Alito is one to interpret the law to let it happen.

This is the wrong time to elevate a judge with a callous disregard for workers' earned rights.


KEYWORDS: ,

Sign up for a Complimentary Member Account... Join the community! It's fast. And it'll allow you to take advantage of all this site's great features!

< An integrated approach to helping East Africa: microlending and more! | Saving My Family History and Remembering the Holocaust: The Tale of a Synagogue >
 Display:
I have not read one article in which alito chooses "We the People of the . . . " over a legal entity for example a corporation.  Maybe his copy of the constitution reads differently than mine.

by ann on 01/08/2006 10:15:35 AM EST

Here's a new "Veto to Alito" tool:
   Write a letter to the editor of your local paper and contact your congress critters -- all with one click.

Also: Moveon.org gathered 300,000 signatures in their Anti-Alito petition -- in a day!
They're shooting for 500,000, please sign if you haven't already:

Move On.org's stop Alito petition

People for the American Way have sent over 60,000 letters to the Senate:

Save the Court Petition

American Rights at Work also
Oppose Alito Petition

Defending the Constitution's Stop Alito Petition

http://ga3.org/...

Democratic anti-Alito petition:

Democratic Party's Reject Alito Petition

Stop the NRA is also getting in on the party:

Stop the NRA's Oppose Alito Petiton

And while you're at it: sign Planned Parenthood's anti-Alito petition, too:

Planned Parenthood Petition

NARAL is shooting for 500,000 signatures, please add yours:

Naral Anti-Alito Petition

And don't forget: urge Congress to support Plan B:

Plan B Petition



by judybrowni on 01/09/2006 11:36:13 PM EST

Parent
Go right to the top, and tell 'em "No" to Alito's confirmation:
Phone, fax, and email addresses for the Judiciary Committee.

by judybrowni on 01/11/2006 04:10:32 AM EST

Parent
Alito have never represented workers against a company or agency.  He has always worked on the other side, and as a judge has continued to be a corporate advocate.

To me, this is the biggest problem in our judicial system -- the establishment of corporations as "super citizens" with extraordinary rights, and extremely limited responsibilities.  Alito will only make that problem much worse.

by Devilstower on 01/09/2006 11:56:58 AM EST

and thanks for writing this.  

I was hoping someone would look into just how corporate-friendly Alito is.  To me, that's the scariest thing about him, Scalia and Thomas.

by D Cupples on 01/16/2006 10:08:36 PM EST

 Display: