Justice For All Email List

NCIL Action Alert on Alito

Date Mailed: Monday, January 9th 2006 05:51 PM

Dear JFA Readers:

The US Senate Judiciary Committee confirmation hearing on the 
nomination of Samuel Alito to the US Supreme Court began today. 
The transcript of today's hearing can be found on The 
Washington Post web www.washingtonpost.com. The American 
Association of People with Disabilities (AAPD) has not taken a 
position on Judge Alito's nomination, but joined with the 
National Association for the Deaf (NAD) in writing a letter to 
the Senate Judiciary Committee expressing our concern, and 
suggestions for questions to Judge Alito are also provided. 
This was posted earlier today on JFA and can be found on AAPD's 
website http://www.aapd.com/News/SCvacancy/indexSCvacancy.php. 
 
Below is an action alert from the National Council on 
Independent Living (NCIL), which has opposed Judge Alito's 
nomination.
--------------------------------------------------------------
 
NCIL Action Alert from NCIL's ADA/Civil Rights Subcommittee:
Alito Supreme Court Hearings Next Week!!!

NCIL Urges Affiliates to Oppose Nominee Who Poses Serious 
Threat to ADA, Fair Housing Laws and Olmstead Precedent

Send an email to daniel@ncil.org to add your organization to 
our list of disability groups opposing the Alito nomination.

With hearings on Alito's nomination about to begin, the NCIL 
believes that the time has come for our community to take a 
stand. Instead of the New Freedom that we've been promised, we 
have faced the appointment of disability rights foes such as 
Jeffrey Sutton and William Pryor. Increasingly we are being 
confronted with new hurdles to clear in our access to justice. 
The nomination of Samuel Alito to replace Sandra Day O'Connor 
as Associate Justice to the US Supreme Court may drastically 
impact the future of disability rights law for decades to come. 
One more states' rights judge on the Supreme Court could 
effectively insulate the states from accountability for 
compliance with Title II of the ADA. The time has come when we 
need to make our voices heard clearly!!!

Based on a careful evaluation of Judge Alito's 15-year record 
on the Third Circuit Court of Appeals, NCIL's ADA/Civil Rights 
Subcommittee decided to vigorously oppose his nomination. As a 
Supreme Court Justice, Alito would pose a grave threat to the 
ability of individuals with disabilities to enforce their 
rights under the Americans with Disabilities Act, Section 504 
of the Rehabilitation Act, fair housing laws and the Olmstead 
precedent. In 1999, Alito's ruling in ADAPT v. HUD gave HUD a 
free pass to fail to enforce fair housing regulations to ensure 
that public housing authorities provide accessible housing. See 
http://www.ncil.org/advocacy/alerts/2005/alito.html for more 
details.

Yesterday, NCIL Vice President and PA SILC Executive Director 
Corey Rowley was one of several organizational leaders who 
presented 1,145,000 petition signatures in opposition to the 
Alito nomination. Also, Thomas Earle of Liberty Resources 
joined with several other disability community leaders in 
Philadelphia to highlight reasons why disability rights 
advocates are so worried by the Alito nomination. See NCIL's 
press release (below) for more on how the disability rights 
community is making a difference!

BUT WE NEED TO DO EVEN MORE.

>>> TAKE ACTION <<<
Contact Daniel Davis at Daniel@ncil.org to announce your CIL, 
SILC, association or other disability rights organization's 
opposition to the Alito nomination. Please indicate if your 
organization is national, state or local. So far, eight 
national and ten state and local disability rights 
organizations have officially announced their opposition to the 
Alito nomination. The full list of disability rights 
organizations that are opposed to (or concerned about) the 
Alito nomination can be found below and attached.

DEADLINE: The window for us to make our voices heard is rapidly 
closing since the Senate Judiciary Committee could vote on 
Alito's nomination as early as the week of January 17! So we 
urge all affiliates who are considering opposing this 
nomination to take action ASAP!!!!

>>> OTHER WAYS TO HELP <<<
Call your Senators, or FAX or e-mail letters to them opposing 
the Alito nomination.

Send letters to the editor opposing the Alito nomination to 
your local and regional newspapers.

Be a presence at Alito's nomination hearings. Are you 
interested in demonstrating the disability community's 
objections to the Alito nomination by providing a visible 
presence on Capitol Hill? Are you in the Washington, D.C. Area 
or can you get to D.C. easily? If your answer to these two 
questions is "YES," please e-mail Daniel Davis ASAP at 
Daniel@ncil.org.

TO LEARN ABOUT OTHER WAYS TO MAKE A DIFFERENCE, e-mail 
Daniel@ncil.org.
Friday, January 6, 2006

Contact: Daniel Davis
National Council on Independent Living
(202) 207-0334 x 1001 (office)

National Council on Independent Living and Pennsylvania 
Disability Community Mobilize in Opposition to Alito Nomination

With hearings on the nomination of Samuel Alito to the US 
Supreme Court only days away, the National Council on 
Independent Living (NCIL) and Pennsylvania disability rights 
advocates stepped up their campaign to underscore the serious 
threat that Judge Alito poses to the civil rights of persons 
with disabilities and called on Senate Judiciary Committee 
Chair Arlen Specter to heed the concerns of a million 
Americans, including many persons with disabilities, who signed 
petitions opposing the Alito nomination..

At 11 AM yesterday, NCIL Vice President and Pennsylvania 
Statewide Independent Living Council Executive Director Corey 
Rowley joined Julian Bond of the NAACP, Lauren Townsend of 
Pennsylvanians for a Fair and Independent Court and others in 
delivering 1,145,000 signatures of anti-Alito petitions to 
Specter's Philadelphia office.

Only an hour later, civil rights attorney Thomas Earle, the 
Executive Director of Liberty Resources, Inc, NCIL's 
Philadelphia affiliate, joined representatives of the 
Disabilities Law Project, the Leadership Conference on Civil 
Rights and the Mental Health Association of Southeastern 
Pennsylvania in a forum at the Philadelphia Foundation on the 
nomination of Samuel Alito to the U.S. Supreme Court, his 
record on civil rights and its effects on the disability 
community.

In 1999 Judge Alito joined a ruling in ADAPT v. HUD that 
directly undermined the rights of Pennsylvanians with 
disabilities to hold the Department of Housing and Urban 
Development accountable for failure to enforce its own 
regulations concerning accessible housing for people with 
disabilities. This devastating decision deprived thousands of 
persons with disabilities in Pennsylvania and the rest of the 
Third Circuit of the accessible, affordable housing that they 
have been promised under the Fair Housing Act Amendments and 
Section 504 of the Rehabilitation Act of 1973.

Rowley referenced this decision declaring, "Judge Alito should 
know that rights without remedy are essentially broken 
promises. His willingness to place additional legal hurdles for 
persons with disabilities to clear in order to hold their 
government accountable for fulfilling its promises strongly 
suggests that he is out of touch with the real world impact 
that the decisions he makes have on the lives of individuals 
with disabilities."

--------------------------------------------------------------
ATTACHMENT #2: 
Disability Rights Organizations Opposed to Nomination of Third 
Circuit Court of Appeals Judge Samuel Alito to the US Supreme 
Court (updated 1/05/06)

National Organizations:
* ADA Watch/ NCDR
* Association of Programs for Rural Independent Living (APRIL)
* Disability Rights Education & Defense Fund
* Judge David L. Bazelon Center for Mental Health Law
* National Association of People with AIDS
* National Association for Rights Protection and Advocacy
* National Council on Independent Living (NCIL)
* World Association of Persons with Disabilities (WAPD)

State and Local Organizations:
* Access Center for Independent Living (Dayton, OH)
* Alliance of Disability Advocates Center for Independent 
  Living (Raleigh, NC)
* Center for Independent Living of S. Florida, Inc. (Miami, FL)
* California Foundation for Independent Living Centers
* Disability Rights Center of Maine
* HASL Independent Abilities Center (Grant's Pass, OR)
* Independent Living Resources Center of San Francisco (San 
  Francisco, CA)
* Options for Independent Living (Green Bay, WI)
* Resources for Independent Living (New Orleans/
  Baton Rouge, LA)
* Placer Independent Resource Services (Auburn, CA)
* Programs for Accessible Living (Charlotte, NC)

JOIN THE OPPOSITION TO ALITO:
To announce your CIL, SILC, Association or other disability 
rights organization's opposition, please e-mail Daniel Davis at 
Daniel@ncil.org. Please indicate if your organization is 
national, state or local.

# # #

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of interest to people with disabilities and promote dialogue 
in the disability community. Information circulated does not 
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Gwen Gillenwater, Moderator, JUSTICE FOR ALL -- A Service of 
the American Association of People with Disabilities.
 
JOIN AAPD! There's strength in numbers! Be a part of a national
coalition of people with disabilities and join AAPD today at 
http://www.aapd.com.

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