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Oppose John Roberts' Supreme Court Nomination

Background Articles on Roberts

http://www.independentjudiciary.com/nominees/nominee.cfm?NomineeID=5

http://courtinginfluence.net/nominee.php?nominee_id=55

http://www.savethecourt.org/site/c.mwK0JbNTJrF/b.897925/k.7742/A_Look_at_John_Roberts.htm

Issue-Areas of Greatest Concern

Here are some of the areas of greatest concern from Roberts' record (for specific case examples, scroll down):

As a partisan lawyer for the Bush Sr. and Reagan administrations, Roberts threatened:

Civil rights   by asking the Supreme Court to severely limit the ability of district courts to desegregate public schools 1, and working to ensure the Voting Rights Act could not be used to remedy many cases of actual discrimination against minority votes. 2

Women's rights by fighting for a law barring doctors from even discussing reproductive options in many cases, 3 and arguing that Roe. vs. Wade should be "overruled." 4

Free speech by arguing to the Supreme Court that political speech that some considered offensive did not deserve First Amendment protections. The Court rejected his claim. 5

Religious liberty by arguing to the Supreme Court that public schools could force religious speech on students. Again, the Court rejected the argument. 6

As a corporate lawyer, Roberts threatened:

Community and environmental rights by working to strike down new clean-air rules and filing a brief for the National Mining Association, arguing that federal courts could not stop mountaintop-removal mining in West Virginia, even as it devastated local communities. 7

Workers' rights by helping Toyota to successfully evade the Americans with Disabilities Act and fire workers for disabilities they suffered over time because of the requirements of their jobs. 8

Public interest regulations by helping Fox News challenge FCC rules that prevented the creation of news media monopolies. 9

In his short two years as a judge, Roberts has threatened:

Individual rights by rejecting the civil rights claims brought on behalf of a 12-year-old girl who had been handcuffed, arrested and taken away by the police for eating a single french fry in the D.C. Metro. 10

Environmental protections   when the dissent he wrote on an Endangered Species Act case, had it been in the majority, would have struck the Act down as unconstitutional in many cases, and would have threatened a wide swath of workplace, public safety and civil rights protections. 11

Human Rights by voting to strike down the Geneva Conventions as applied to prisoners that the Bush administration chose to exempt from international law. 12

Sources

1. Oklahoma City Public Schools v. Dowell

  2. Alliance for Justice, Nominee Profile
http://www.moveon.org/r?r=794

  3. Alliance for Justice, Nominee Profile
http://www.moveon.org/r?r=794

4. "Same Appeal; Different Styles," Washington Postm July 17, 2005
http://www.moveon.org/r?r=795

5. United States v. Eichman, 496 U.S. 310 (1990)

6. Lee v. Weisman, 505 U.S. 577 (1992)

7. "The Making of the Corporate Judiciary" Mother Jones, November/December 2003
http://www.moveon.org/r?r=796

8. Toyota Motor Mfg., Kentucky v. Williams, 534 U.S. 184 (2002)

9. Alliance for Justice
http://www.moveon.org/r?r=797

10. Hedgepeth v. Wash. Metro. Area Transit Auth., 386 F.3d 1148 (D.C. Cir. 2004)

11. Rancho Viejo, LLC v. Norton, 334 F.3d 1158 (D.C. Cir. 2003 cert. denied)

12. Court: U.S. May Resume Detainee Tribunals, Associated Press, July 16th 2005

Specific Case Examples

Civil Rights

Rights of Criminal Defendants

Abortion

First Amendment

Environment

Aiding Corporate Interests

Workers’ Rights

Sources for Case Examples

446 U.S. 55 (1980).

(10th Cir. 1989), 890 F.2d 1483

503 U.S. 467 (1992)

534 US 103 (2001).

262 F.3d 1306 (Fed. Cir. 2001).

501 U.S. 129 (1991).

504 U.S. 25 (1992)

Cruz v. Beto, 405 U.S. 319, 327 (1972) (Rehnquist, J., dissenting).

24 F.3d 1223, 1226 (10th Cir. 1994)

( U.S. v. Brown, 2004); http://slate.msn.com/id/2121270/?nav=ais

370 F.3d, 1223, (D.C. Cir. 2004).

( Fletcher v. District of Columbia, 2004); http://slate.msn.com/id/2121270/?nav=ais

370 F.3d 41 (D.C. Cir. 2004)

125 S. Ct. 972 (2005)

500 U.S. 173 (1991)

Washington Post July 17, 2005http://www.washingtonpost.com/wp-dyn/content/article/2005/07/16/AR2005071601049.html

500 U.S. 173 (1991)

Hartford Courant July 14, 2005

506 U.S. 263 (1993)

The Hotline July 7, 2005

496 U.S. 226 (1990)

496 U.S. 310 (1990)

United States v. Eichman, United States v. Haggerty, Brief for the United States at p.23-4.

505 U.S. 577 (1992)

St. Petersburg Times June 26, 2005

463 U.S. 783 (1983)

497 U.S. 871 (1990)

497 U.S. 871 (1990). Lujan v. National Wildlife Federation, 1989 U.S. Briefs 640 at p.1, Reply Brief for Petitioners, April 6, 1990

112 S.Ct. 2130 (1992)

“Comment: Article III Limits on Statutory Standing,” John G. Roberts, Jr. 42 Duke L.J. 1219, April, 1993.

334 F.3d 1158 (D.C. Cir. 2003), cert. denied, 124 S. Ct. 2061 (2004)

Legal Times November 1, 2004

States News Service May 9, 2005- Released by Senator Reid’s office

Legal Times November 1, 2004

Harvard Law Review 1462, 1464 (1978).

quoting United States v. Central Eureka Mining Co., 357 U.S. 155, 181 (1958)

248 F.3d 275 (4th Cir. 2001)

The Baltimore Sun July 20, 2005

535 U.S. 302 (2002)

The Baltimore Sun July 20, 2005

F.3d 1027 (D.C. Cir. 2002)

512 U.S. 821 (1994)

534 U.S. 184 (2002)

Salon, 7/21/05