Citing Judge Alito’s judicial opinions and writings made before he took the bench, the SCA’s Action Alert states that Alito likely poses a serious threat to the separation of Church and State. They are urging citizens to write to their senators to make sure Alito is fully vetted on his stance regarding the establishment clause.
I have reprinted a few paragraphs from the Action Alert across the break.
Alito’s writings and history on the U.S. Court of Appeals demonstrate that his judicial philosophy differs dramatically from Court principles that have guided Establishment Clause precedent for the past 60 years.
When applying for President Reagan’s deputy attorney general position, Alito wrote his “deep interest in constitutional law [was] motivated in large part by disagreement with Warren Court decisions, particularly in areas [such as] the Establishment Clause …”
Alito’s opinions in several cases demonstrate his view that religious expression trumps the rights of students to avoid government endorsed prayer, proselytizing, and other religious expressions in our public schools. He has also indicated his willingness to limit a taxpayer’s right to challenge government actions under the Establishment Clause, which has been settled law since Flast v. Cohen (1968).