In the meantime, Chairman Watt noted that the CBC is strongly urging all 100 members of the Senate, and especially the 14 Democrats and Republicans who reached an agreement on earlier nominations, to avoid taking a position on Judge Alito’s nomination until the Senators have had an opportunity to fully review Judge Alito’s judicial interpretations on congressional civil rights legislation and his legislative and constitutional rulings on other discrimination matters.

“Senators who value the racial progress our country has made over the last 50 years should certainly be concerned, as the members of the CBC are, about Judge Alito’s opinions.  Many of these opinions have been dissents in race cases, in other matters affecting equal rights and access to the federal courts to vindicate federal rights, in other areas of the law where his decisions have disproportionately affected African Americans and in long settled areas that impact federal jurisdiction and responsibility to protect the public,” Chairman Watt said.

 “We are troubled by what appears to be a very conservative judicial philosophy that seems greatly at odds with much of 20^th century constitutional jurisprudence,” he further noted. “The Senate hearings and the requested meeting with the CBC will be critical for the CBC in overcoming the disturbing pattern we see in many of Judge Alito’s opinions, across many areas of law, and in determining whether he has the necessary open mind, particularly on issues of substantial importance to African Americans.”

The Caucus is particularly concerned that Judge Alito has been nominated to fill the seat of a moderate justice, Sandra Day O’Connor, who was the deciding vote in decisions of great importance to African Americans, including civil rights, reproductive health, religious liberty, and environmental protection. 

Among the 5-4 rulings that hang in the balance are Grutter v. Bollinger, the University of Michigan case upholding affirmative action in college admissions, and Hunter v. Cromartie, affirming that consideration of race is appropriate to assure the rights of minorities in redistricting. 

“Judge Alito has the burden of proof that he can be open-minded and the Senate has an obligation to assure the country that decades of painstaking, bipartisan work of the Congress and opinions of the Court to remedy racial discrimination and vindicate federal rights will not be lost because of this nominee,” Chairman Watt concluded