Buck In Brief

Judge Alito and the Environment

In Brief: For the first time since we successfully opposed Robert Bork's nomination in 1987, Earthjustice has formally opposed a Supreme Court nominee.

01/17/06

For the first time since we successfully opposed Robert Bork's nomination in 1987, Earthjustice has formally opposed a Supreme Court nominee. Earthjustice took a public position opposing the Senate confirmation of Judge Samuel Alito Jr. in December reluctantly, but given the stakes and Judge Alito's record the choice was clear.

As you may know, Earthjustice expressed concern about the confirmation of Chief Justice John Roberts but did not formally oppose him. Understanding Judge Alito's views on issues that are central to environmental protection does not require reading between the lines or guesswork, unlike those of Judge Roberts. Judge Alito has made himself plain during his 15 years on the bench, as we explain in detail.

Judge Alito’s track record includes opinions that would unjustifiably limit the authority of Congress under the constitutional provision that is the basis for most federal laws that protect the environment and public health, and that would that frustrate Congress' ability to empower Americans to enforce these laws in court.. Those decisions reflect extreme views rejected by mainstream judges and eventually by the Supreme Court itself. Confirming Judge Alito as a lifetime Supreme Court justice would risk enshrining such views into the law of the land for decades on matters that affect the health and well-being of all Americans.

As I write this, Judge Alito has finished testifying before the Senate Judiciary Committee. In his evasive answers to questions about his record as a government lawyer and a federal appeals court judge, Judge Alito failed to dispel concerns about his views.

Judge Alito's nomination to replace retiring Justice Sandra Day O'Connor threatens a range of vital laws that provide fundamental protections for public health and the environment, including the Clean Water Act and the Safe Drinking Water Act. For example, the Supreme Court will hear oral arguments next month in two industry challenges to the constitutionality of protections for the vast majority of streams and wetlands that are currently safeguarded under the Clean Water Act of 1972. (Read more about this issue.)

Vawter "Buck" Parker, Executive Director
buckparker@earthjustice.org