DORGAN ISSUES STATEMENT ON HIS VOTE ON THE NOMINATION OF SAMUEL ALITO TO THE U.S. SUPREME COURT
Monday, January 30, 2006
CONTACT: Justin Kitsch
or Brenden Timpe
PHONE: 202-224-2551
(WASHINGTON, D.C.) --- U.S. Senator Byron Dorgan (D-ND) Monday announced he will vote no on the nomination of Judge Samuel Alito to replace Justice Sandra Day O’Connor on the U.S. Supreme Court.
The full text of Dorgan’s statement is below.
BY SENATOR BYRON DORGAN
January 30, 2006
We work on many important issues here in the U.S. Congress, but none more important than choosing a Justice to serve on the Supreme Court.
Providing a lifetime appointment to the U.S. Supreme Court is a very serious matter for both the President and the U.S. Senate. Our choice will impact our country well beyond the term of office for the President and for most of the Senate.
Those nominations are also very important to the citizens of our country and my state of North Dakota, many of whom – on both sides -- have contacted my office and whose counsel I have heard and valued.
This is the second nomination for the U.S. Supreme Court that has been sent to the Senate by President Bush in the span of a few short months.
During consideration of the nomination of Judge John Roberts to become Chief Justice of the Supreme Court, I studied his record carefully. I reviewed the hearing records of his appearance before the Senate Judiciary committee as well as his record as a Federal Judge on the Circuit Court.
And in the end, I voted to confirm Judge Roberts. I concluded that he was very well qualified, and I also felt after meeting with him that he would not bring an ideological agenda to his work of interpreting the U.S. Constitution.
In short, I felt he would make a fine Chief Justice.
The Supreme Court nomination we are now considering is that of Judge Samuel Alito.
This has been a difficult decision for me.
Judge Alito has substantial credentials. His education, work history, and his fifteen years of service on the Circuit Court are significant.
However, in evaluating Judge Alito’s rulings, writings and his responses during his nomination hearings, I have been troubled by several things.
First, he has a clear record over many years of a tendency to favor the big interests over the small interests. That is, when an individual is seeking justice in the courts by taking on the government or a large corporation, Judge Alito’s rulings are often at odds with the rulings of his colleagues on the Court, and tend to overwhelmingly favor the government or the big interests.
People who live in small states like North Dakota have, over many years, found it necessary to use the courts to take on the big economic interests. Whether it is taking on big corporations, the railroads, big financial interests, or the U.S. government, as farmers have had to do in recent decades, I think it is important that a Supreme Court Justice be someone who will give the people a fair hearing.
Judge Alito’s rulings on the Circuit Court have, I believe, tilted heavily on the side of the big interests.
One of the key questions for me about a new Justice for the Supreme Court is “will this person interpret the Constitution in a manner that expands personal freedom and liberty, or will this person interpret it in a way that restricts personal freedom and liberty?”
I believe Judge Alito’s record is one that leans in the direction of restricting the freedom and liberty of individual citizens.
I am also concerned by Judge Alito’s view of what is referred to as the “unitary executive.” This is an issue about presidential power in our form of government. The Judicial branch of government is designed to be a check and balance on the expansion of presidential powers. I believe Judge Alito’s answers in the Judiciary Committee to questions about the unitary executive tilt toward showing deference toward expanded and unchecked presidential authority. His views on this issue concern me.
For all of these reasons, I have decided to cast my vote against the nomination of Judge Samuel Alito. I take no joy in opposing his nomination, but for the reasons I have mentioned above, I am not comfortable voting to confirm him for a lifetime appointment on our nation’s highest court.
Over the years, I have supported about 97% of the nominees for the Federal Court sent to us by President Bush. My record has been one of substantial support for the President’s nominees.
But for me, a nomination to the Supreme Court carries much more weight and greater potential consequences for the country.
Judge Alito is replacing Justice Sandra Day O’Connor on the Court. Justice O’Connor has been a key swing vote on so many issues that been decided by a 5 to 4 vote in recent years.
I believe that Judge Alito’s nomination, if approved by the Senate, would tilt that court in a direction that will restrict personal freedoms, strengthen the role of government and corporations in our lives, and allow the expansion of power of the presidency.
For those reasons, I have decided to vote no on this nomination.
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