Bench Press
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| Pres.
George W. Bush and Judge Samuel Alito |
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Some questions for Judge Samuel
Alito.
(JSPAN) The nomination of Judge Samuel Alito to the Supreme Court has raised serious concerns about his views on a host of hot button subjects. While other progressive groups have focused on his views about abortion rights and the role of the national government in a federal system, JSPAN has been especially concerned about his views on the role of religion, particularly under the Establishment Clause of the First Amendment.
Working with leading experts on Church State issues,
JSPAN has put together the folowing a short series of questions for Judge Alito at his confirmation
hearing, and is coordinating with several senators, including members of the Judiciary Committee, to see that these questions are asked of the nominee.
- Without describing how you would decide any particular case, what standards would you apply to determine whether government action was violative of the Establishment Clause of the First Amendment?
- Justice O?Connor believed that one test for determining whether government action was violative of the Establishment Clause of the First Amendment was whether it caused persons of a different religion, or no religion at all, to feel like outsiders. Do you agree with Justice O?Connor?
- Do you believe that so long as government action does not coerce someone into accepting a particular religious view or practice, that action is not violative of the Establishment Clause of the First Amendment, even if its primary purpose is to advance religion?
- Do you believe that so long as government action does not coerce someone into accepting a particular religious view or practice, that action is not violative of the Establishment Clause of the First Amendment, even it has the primary effect of advancing religion?
- May government, consistent with the Establishment Clause of the First Amendment, provide taxpayer funds to institutions which are pervasively sectarian, without requiring that those funds be segregated and used solely for secular purposes?
[If he refuses to answer on the ground that he may have to decide that case]: What considerations would you apply in deciding that question?
- May government, consistent with the Establishment Clause of the First Amendment, provide taxpayer funds to institutions which are pervasively sectarian, without requiring that those institutions not discriminate on the basis of religion in their hiring practices?
(a) [If he refuses to answer on the ground that he may have to decide that case]: What considerations would you apply in deciding that question?
- May government, consistent with the Establishment Clause of the First Amendment, provide taxpayer funds to institutions which are pervasively sectarian, without requiring that those institutions not discriminate on the basis of religion in using those funds to provide benefits to people?
(a) [If he refuses to answer on the ground that he may have to decide that case]: What considerations would you apply in deciding that question?
- What test do you think applies in determining whether governmental action is sufficiently coercive as to create an Establishment Clause violation?
(a) Do you think that test is a flexible one? If so, how do you see the test changing in the context of a school or prison setting?
Also see letter
from Senator Arlen Specter (R-PA) to Judge Alito.
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