Hello all.
Thank you for your comments/suggestions/recommendations here. I really appreciate it!
Dear Senator,
I strongly urge you to vote against the nomination of Judge Samuel Alito for the Supreme Court. Appointing Judge Alito will threaten the fundamental rights and basic legal protections for working Americans of all ages. Two areas of particular concern include the rights found under the Family and Medical Leave Act (FMLA) and Age Discrimination in Employment Act (ADEA)–rights that Judge Alito apparently does not believe are granted to Americans or should be exercised by Americans.
FMLA helps millions of adults balance workplace and family responsibilities by giving eligible workers up to 12 weeks of unpaid leave for life events such as the birth of a child or to care for a parent, child or spouse with a serious illness. The ADEA protects employees and job applicants 40 years of age and older from discrimination based on age. These laws are essential in an age of heightened rhetoric regarding “family values” for younger workers and pension instability and decline of retiree health benefits for older workers.
Hostile to the very concept of discrimination.
A recent Knight Ridder article examining Judge Alito’s record describes him as being “particularly rigid in employment discrimination cases” and has “… seldom found merit in a bias claim.” Is he really so myopic to believe that discrimination either does not exist, deserves no remedy–or that individuals even have the right to present evidence that discrimination even exists?
Apparently so: he was the sole dissent in Glass v. Philadelphia Electric Company (PECO). Glass, a 23-year PECO employee, sued for racial and age discrimination after being denied several promotions, even though during that period he earned two engineering degrees and had only one negative job evaluation. During the trial, PECO claimed that the sole negative job evaluation was the reason that Glass failed to be promoted. When Glass attempted present evidence to refute that claim, the trial judge refused. Though the decision was reversed on appeal, incredibly, Judge Alito in a sole dissent claimed that the trial judge’s decision was “harmless” and that if Glass told his side of the story could cause “substantial unfair prejudice.” Evidently, providing evidence in a case one has filed is itself prejudicial.
Ignoring evidence of blatant age discrimination.
In Keller v. Orix Credit Alliance, Inc., Judge Alito denied a former employee the right to preset to a jury his claim under the ADEA despite providing evidence in the form of a statement by the person who fired him: “If you are getting too old for the job, maybe you should hire one or two young bankers.”
Views so radical that he does not believe that Congress even had the authority to enact FMLA.
In Chittister v. Department of Community and Economic Development, Judge Alito found that Congress did not have the authority to give state employees the right to sue their employers for damages for violating the FMLA’s provisions for unpaid leave. Judge Alito even held that FLMA “creates a substantive entitlement to sick leave.” The Supreme Court later ruled on a similar case that state employees did, in fact, have those right under FMLA. That 6-3 opinion was written by Chief Justice William Rehnquist.
Supreme Court decisions have real consequences for real people.
Judge Alito’s record of opposing basic legal protections for Americans is clear and unambiguous: It is replete with examples of weakening the rights and protections that millions of Americans depend upon. Americans deserve a Supreme Court justice that will rule in a fair manner, not an ideologue who would use his life-long appointment to push a narrow agenda that would winnow away basic rights. His type of extremist judicial philosophy has no place on the Supreme Court. For these reasons, I strongly urge you to vote against this nomination.
Signed,
Sources: SaveOurCourts.org, a project of the Leadership Conference on Civil Rights (LCCR) and the Leadership Conference on Civil Rights Education Fund (LCCREF);
National Senior Citizens Law Center/Herbert Semmel Federal Rights Project; Knight Ridder Newspapers, “Review of Cases Show Alito to be a Staunch Conservative”; EEOC.gov; SAMUEL A. ALITO, JR.: The Published Opinions; SaveTheCourt.org, a project of People For the American Way (PFAW).
Click here for Senate Judiciary Members.
My own “copper coinage” (I have someone here to thank for that phrase): States have rights; people don’t. This warped concept is as antebellum as it is evil. Don’t be fooled because Alito’s bright enough not to snarl; he’s as wingnut as they come … only quieter.
His aversion to age discrimination really struck me after reading this excellent diary, Dude, Where’s My Pension by growthrate, about the sorry state of our pensions. I’ve been following the pension stories with a growing sense of dread. It’s bad enough that seniors may be looking at extended work life because they can’t afford to retire. But what happens if they can’t keep or win a decent job? And what happens to that senior’s adult children when the senior becomes sick–and they have their own family to care and provide for? This is a very real scenario for many people. And yet, all we hear is this noise about “family values” — my ass!
Oh, and of course, there’s his wingnut opinion that my husband ought to rule over me. But I digress…
Please take this letter and adapt as you will. Feel free to use all or in part.
Let me know what you think! Again, it goes up tomorrow.
Thanks again to Tampopo for the wonderful idea.
Been kindof busy today. This is really my first chance to stop and read this. It is absolutly superb!
Excellent!
A reminder to folks to pass this along to seniors they know – seniors speak out and vote!
Thank you!
I just think this is a great idea.
Excellent Auntie. This Supreme seat is the grand prize that the wingnuts have been aiming at. They like to distract us with the circus of presidential politics, and keep us too dumb to notice what’s going on. I will fight this one as hard as I did John Roberts. I am in awe of your speedy finish. Let’s hope I can manage to be ready with mine by Friday.
You will more than manage, trust me. Just remember that it’s a letter, so it doesn’t have to be that long.
You will be just fine!
AP, this is simply excellent!
I do, however, have a couple of small suggestions, being in copy edit mode:
Second paragraph – perhaps it should say “. . . and that he has seldom. . .
Third paragraph – I think you mean “. . .or that individuals do not even have the right. . .”
Sixth paragraph – One FMLA is scrambled.
And for additional emphasis, and to make sure that some less-than-sharp Senatorial staffer doesn’t miss the point, you might want to add beyond Congress’s authority to to the “creates a substantive entitlement to sick leave” Alito quote.
Last paragraph – It might sound stronger to say will instead of would, as you start out the sentence with will, e.g.
“. . .who will use his life-long appointment to push a narrow agenda that will winnow. . .”
:<)
First, thank you for your compliment.
Second, thank you for the catches!
I should take a copyediting class, just to refresh. I could use it since I hate editing and proofing my own work.
I plan to update this later tonight. I’ve already see a mistake I want to correct–I said twice in a paragraph that Alito was the sole dissenter.
One more thing: did you like “winnow away” in the last paragraph. I’m not fond of it, but you know, don’t let the perfect be the enemy of the good on deadline.
Thanks again!
“…but you know, don’t let the perfect be the enemy of the good on deadline.”
A very important reminder, especially to any “perfectionists” out there! π
It really is fine with or without it (winnow) as far as I’m concerned. I agree with that lovely statement you have already spoken. Perfection isn’t the issue.
Nonetheless, this is MORE than good, AP!
These laws are essential in an age of heightened rhetoric regarding “family values” for younger workers and pension instability and decline of retiree health benefits for older workers.
suggested edit: These laws are essential and embody the very essence of “family values” that are ostensibly held so dear by social conservatives. In an age of pension instability and decline of retiree health benefits for older workers, such protections are imperative.
Is he really so myopic to believe that discrimination either does not exist, deserves no remedy–or that individuals even have the right to present evidence that discrimination even exists?
suggested edit: Is he really so myopic as to believe that discrimination either does not exist or deserves no remedy? His rulings strongly imply that he doesn’t even support the right of individuals to present evidence that discrimination exists.
To wit: he was the sole dissent…
When Glass attempted present evidence to refute that claim, the trial judge refused. Though the decision was reversed on appeal, incredibly, Judge Alito in a sole dissent claimed that the trial judge’s decision was “harmless” and that if Glass told his side of the story could cause “substantial unfair prejudice.” Evidently, providing evidence in a case one has filed is itself prejudicial.
suggested edit: When Glass attempted to present evidence to refute that claim, the trial judge refused his motion. The decision was reversed on appeal with Alito offering the sole dissent, claiming that the trial judge’s decision was “harmless.” Incredibly, he further stated his belief that Glass presenting his side of the story could cause “substantial unfair prejudice.” Evidently, providing evidence in a case one has filed is itself prejudicial.
denied a former employee the right to preset – “present”
In Chittister v. Department of Community and Economic Development, Judge Alito found that Congress did not have the authority to give state employees the right to sue their employers for damages for violating the FMLA’s provisions for unpaid leave. Judge Alito even held that FLMA “creates a substantive entitlement to sick leave.” The Supreme Court later ruled on a similar case that state employees did, in fact, have those right under FMLA. That 6-3 opinion was written by Chief Justice William Rehnquist.
suggested edit: In Chittister v. Department of Community and Economic Development, Judge Alito held that Congress did not have the authority to give state employees the right to sue their employers for damages from violations of the FMLA’s unpaid leave provisions. Judge Alito even held that FLMA “creates a substantive entitlement to sick leave.” The Supreme Court later ruled on a similar case that state employees did, in fact, have those rights under FMLA. That 6-3 opinion was written by Chief Justice William Rehnquist.
great roundup, AP! some of my suggestions are just me being anal, but some of them were actual corrections of typos. i wish i’d marked the typos so they’d be easy to find, but alas..i’m a dingbat.
i made a point of leaving 5 or so empty lines in between pieces to distinguish them, but they didn’t end up in my post. foodadeedoo!
let me know if it’s too confusing to follow.
No, this is great! I can read it just fine. I’ll likely update this EARLY tomorrow AM. I think I’ll be going to bed on time tonight.
Thank you. I appreciate it!
i lurve playing with words!
in his posting over at political cortex, connecticut man provides a lovely little intro piece that i think should accompany each of these diaries. i’ll be posting them all manner of crazy places that might not have heard of bootrib or be accustomed to blogswarm actions. hate to scare the newcomers, you know…
A suggestion for a place to post is the AARP:Message Board for any one who is a member of AARP.
In my research that is where I found the concern over Alito’s opion on the Family and Medical Leave Act.
What will senior citizens do if their children/grandchildren can not get leave time to help?
You don’t have to be a member if I remember correctly. Why do I know this at age 43?
I admit that I used to go wingnut hunting there. No bag limit!
did you just volunteer?
: p
I suppose I did. So I’m to copy ConnecticutMan1’s intro above? Is this right? And linking back to here.
Sorry to be so dense.
Don’t know the rules for postings – instead of a link, perhaps copy AP/your final DIARY DAY 2 that will come up early tomorrow and pasting it up.
Perhaps shifting the focus by adjusting the beginning explaining why AARP members should be worried by Alito’s nomination and to contact Senators and Judiciary committee. Emphasis on getting others concerned and involved.
BTW – I plan on using the flyer you put together in an earlier diary to hand out to seniors I know in the community π
Last question.
Since this is not AP’s finished letter, should I wait? Or just go ahead and explain as you say, then just link back here? Then on each day I can go and post the next diary.
OK that’s two questions and a thought ;o)
1) wait till tomorrow’s finished piece to begin
then,
2) on each day I can go and post the next diary.
Should be interesting!
It’s already up and linked to day one here.
I’ll keep an eye open for comments for a while and can post tomorrow and the next if you want.
So what am I doing again?
(In other words, I’m not sure what you want me to do when I put up the final edited letter in a new diary. I’ll stay up for a bit longer.)
I linked to day one AP. I know yours is a draft. That can be posted tomorrow as you planned.
#2??? Help me out ;o)
Are you guys skipping the graphics on your post? I think this diary kindof stands on it’s own, (way to go AP!) but if you need one let me know so I can get the one you want up on the web ASAP.
I tend to agree. Graphics aren’t necesarry or even complimentary. Especially with the strength of the diaries.
Oh, that. It’s something I picked up from Slashdot via the husband. It’s a cheeky way of basically saying that I have no idea how to get there from here.
My bad. Trying to be too cute by half, like MoDo. :<)
Anyway, so where am I supposed to put my edits? (Sorry I’m seeming so dense–today was a not-so-good day so I’m not as, well … peachy.) Do I write another diary or am I supposed to do something else?
Sorry your day was not so..Peachy. Tomorrow’s another day ;o)
I don’t think there is a step two for you AP π
It spreads from there.
Cedwyn and Conecticut Man1 are astounding me π
Supersoling has added AARP.
Revise, then sleep well – will look for your Diary 2 in the AM.
and rated your comment “High” with a thumbs up… Pretty cool, eh? lol
Was it alright? I’m not the strongest writer in the world.
It read great to me. Straightforward and to the point.
Thanks for the pat on the back!
“I’m not the strongest writer in the world.” – Pshaw!!
You’ve made an important connection – way to go Supersoling!
High marks to you!
(You are waaay too harsh on yourself!)
Please apply clickin’:
X-posted at dKos, My Left Wing, Booman Tribune , My Left Nutmeg, Political Cortex
And also Front Paged or posted by Cedwyn at: Dembloggers, ePluribus Media, MyDD, and TPM Cafe reader Blogs as well as by shermanesqe at Street Prophets
12 days of Justice day 1.
groovy. i’ll hit the open threads at americablog, eschaton and jesus’ general tomorrow as well, unless someone else has them.
in addition to an intro piece to explain things to our visitors from the far-flung corners of the internets, i think an alert to watch for tomorrow’s diary is also in order.
Definately! I tried to write something to explain what we are doing on what I posted.
; )
Damn! I feel like I’ve been busted… I clicked after I commented to see what you had in mind. lmao
a follow up like this:
Note: Tommorrow’s actions and reason’s are still being worked on today. Feel free to check it out at Booman Tribune (Just look for the “Justice” diaries) and any help or participation of any kind you can provide will be greatly appreciated. This is another action brought to you by the group that brought you “Operation Yellow Feather” which was a very successful cross blog protest. These actions are designed to help bring the “Left Blogosphere Think Tank” together on our many shared issues.
I added that at the bottom in the hopes that some straglers would come over here and help us fininsh this.
well, last night when i was posting all hither and yon, i consistently called the post “Join the Anti-Alito Brigade!” I see the name got picked up somewhere else too, so maybe we should go with a format of “Anti-Alito Brigade, Day X.” i’m not sure “for justice” will be associated with it now.
sorry! i should so think before i type.
well, crap. i hafta pass out and the new diary isn’t up yet. i just hope i am up early enough to get it posted everywheres. if someone can holler at me via aim, the noise might just wake me up. i’ll give you three guesses as to my handle. the first two don’t count.
; )
i did post a heads up to look for tomorrow’s diary over at eschaton’s open thread. americablog doesn’t have a morning open thread up yet, but i posted the same head’s up in their late night one. conversely, does anyone here communicate with john via email? americablog@starpower.net
by the by, if you can post haloscan comments at all, you can post them anyplace that uses haloscan.
nighty night!