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Judicial & Legal:
Judicial Nomination of Samuel Alito to the Supreme Court of the United States

Our Position: oppose
Bill Number: PN1059
Sponsor: Nominated by President Bush
Legislative Session: 2006

In late October 2005, President Bush missed an opportunity to build consensus when he chose Judge Samuel Alito, a champion of the extreme right wing, to fill the last open seat on the Supreme Court. Judge Alito's Constitutional philosophy represents a great danger to Americans' ability to protect our clean air, clean water, and special places.

Judge Alito ruled in Public Interest Research Group (PIRG) v. Magnesium Elektron that the Constitution barred citizens from enforcing the Clean Water Act even against a company that admitted it had been violating the law for years. The Magnesium Elektron decision threatened to put a stop to most Clean Water Act enforcement. Fortunately, the Supreme Court effectively reversed this decision three years later in another case.

In U.S. v. Rybar, Judge Alito dissented from a decision upholding Congress' power under the Commerce Clause to regulate the possession of machine guns. Coming after six other federal appeals courts had upheld the same law, Judge Alito's reasoning is extremely troubling because it could translate into limits on Congress' authority to protect our water and air.

These seemingly abstract Constitutional issues will have significant consequences in the short term. Now that he has been confirmed, Judge Alito will rule on two Clean Water Act cases now pending before the Supreme Court and decide whether this same Constitutional provision, the Commerce Clause, gives Congress the authority to protect any of America's streams and wetlands (US v. Rapanos and US v. Carabell). This same philosophy could eventually jeopardize all of the environmental laws that protect clean air, clean water, endangered species and more.

Photo: Supreme Court image licensed to Sierra Club; used with permission.

Status

On January 31, 2006, the Senate confirmed Samuel Alito as a Supreme Court Justice to replace retiring Justice Sandra Day O'Connor.

Sierra Club praises those Senators who voted against his confirmation, and expresses disappointment in those Senators who, by voting for confirmation, ignored the threat Judge Alito's philosophy poses to environmental protection. Unfortunately, Judge Alito was confirmed to a lifetime appointment by a final vote of 58-42, one of the narrowest margins in a century.

Background