Or
Alito
Alito's record shows backing of business interests
Tuesday, November 01, 2005
By Jess Bravin and Jeanne Cummings, The Wall Street Journal
In 15 years on the federal bench, Judge Samuel Alito often has sided with positions backed by business leaders -- and shown himself a strict interpreter of contracts -- in cases ranging from employment discrimination and commercial speech to shareholder suits.
Indeed, legal experts said that, while the immediate focus of supporters and critics Monday was on social issues like abortion, Judge Alito's extensive track record on business and regulatory issues at the Philadelphia-based court is likely to play a large role in his nomination process.
Judge Alito's Third Circuit is one of the smaller federal jurisdictions, but it hears a disproportionate share of business-related cases because its three-state territory includes Delaware, where many companies are incorporated, and the heavily industrial New Jersey and Pennsylvania.
For those assessing Judge Alito, there are dozens of business cases to sift, some of which are widely known and many which are more technical. One of the best-known is a 1997 dissent in which Judge Alito argued against a racial-discrimination claim made by a black housekeeping manager who was denied promotion to a job at a Marriott International Inc. hotel. The position, at a hotel in Park Ridge, N.J., went to a white woman. While the court ruled the woman could take the case to a jury, Judge Alito argued that, although she might be able to claim she had been treated unfairly, that wasn't enough to let her sue.
"What we end up doing then is ... allowing disgruntled employees to impose the cost of trial on employers who, although they have not acted with the intent to discriminate, may have treated their employees unfairly," he wrote. "This represents an unwarranted extension of the anti-discrimination laws."
Last year, Judge Alito wrote an opinion striking down a Pennsylvania law that barred alcoholic-beverage advertising in college newspapers. The law violated advertisers' First Amendment rights, he found, while doing little to prevent underage drinkers from seeing liquor ads, since they were prevalent in many other media to which students had access.
And in 1997, Judge Alito affirmed the dismissal of a shareholder class action filed against Burlington Coat Factory Warehouse Corp., of Burlington, N.J., after its earnings fell far short of its projections and its stock fell 30 percent in one day. He ruled that shareholder plaintiffs had failed to specify how the company's performance amounted to fraud, in a close reading of applicable statutes.
Judge Alito has insisted on enforcement of contract terms challenged as unfair or otherwise as void, such as provisions that require consumers to use arbitration rather than lawsuits to pursue complaints, said Larry E. Ribstein, a law professor at the University of Illinois. Such contract terms can be "a very useful technique that business has today in avoiding excessive litigation," said Mr. Ribstein, who specializes in business legal issues and has served as editor of the University of Chicago's Supreme Court Economic Review.
Major business groups, which have pressed the White House for business-friendly judges, Monday said they had yet to fully scrutinize Judge Alito's docket sufficiently to reach their own conclusions. Robin Conrad, senior vice president of the U.S. Chamber of Commerce's Litigation Center, said her lawyers are beginning a review of more than 700 opinions written by Judge Alito, including dozens on labor and employment cases and race and sex discrimination.
"There is a lot of stuff to look at," she said. "We're looking to see if there is a demonstrated understanding of business and economic issues."
Some critics, however, said they already saw warning flags. "Judge Alito's record on the bench demonstrates that he would go to great lengths to restrict the authority of Congress to enact legislation to protect civil rights and the rights of workers, consumers and women," said Sen. Patrick Leahy of Vermont, the Judiciary Committee's ranking Democrat.
LAMB: So what have you learned from Senator Byrd about being a senator for the last eight terms?
MOORE CAPITO: Well, I think that being in the Senate looks like a pretty cool job.
LAMB: Why?
MOORE CAPITO: Well, I think you get a lot more influence. Certainly he represents the entire state, and that presents a lot of huge opportunities. The Senate does things differently. IÂm not sure I agree with it, but if I ever got over there I would probably think it was great.
Through his West Virginia Coal Conversion Initiative, Gov. Joe Manchin is promoting development of coal liquefaction processes that convert coal to motor fuel. He promises streamlined permitting for companies that want to build coal conversion plants in West Virginia that can produce highly desirable motor fuels.
...
But West Virginia's energy opportunity extends far beyond coal-to-motor fuel opportunities.
The American power grid is a thirsty beast that demands more and more energy, and coal is the nation's most affordable energy source for the foreseeable future. Coal's critics object loudly to the burning of fossil fuels, but the doomsday crowd offers few alternatives that can satisfy the nation's energy needs.
Blankenship Avows His Role in West Virginia
Posted 10/27/2005 06:00 AM
Blankenship insisted he has no political motives in his dabbling in the Mountain State's political landscape. Instead, Blankenship explained, his motivation is good citizenship.
Story by Steve Novotney
WHEELING -- Who is Don Blankenship?
It's a question, not a campaign slogan.
Not like "Who Is Brent Benjamin?" The Republican candidate's campaign used common curiosity last November, and Benjamin dethroned former West Virginia Supreme Court of Appeals justice Warren McGraw.
But who is Don Blankenship? Now that's a question posed in West Virginia's Northern Panhandle as often as residents above the Mason-Dixon hear, "Paid for by Don Blankenship" on television.
Those are the political ads, the TV spots broadcast in the state's largest markets promoting whatever Blankenship believes in or denouncing what he doesn't. For instance, it was Blankenship who supported Benjamin's victory, and it was Blankenship who spent six figures opposing Gov. Joe Manchin's failed pension bond amendment in June.
His day job, however, means little to citizens of the state's northern counties because "Massey Energy" is not a household name here. Blankenship serves as president, chairman and CEO for Massey, the fourth largest coal producer in the United States with 19 mining complexes in West Virginia, Kentucky and Virginia.
Blankenship insisted he has no political motives in his dabbling in the Mountain State's political landscape. He said he possesses zero political aspirations or premeditated, revenge-driven agendas against the Manchin administration.
Instead, Blankenship explained, his motivation is good citizenship.
Washington, DC (HNN) – . U.S. Senator Robert C. Byrd, D-WV., met with the head of American Electric Power (AEP), in hopes of strengthening West Virginia’s case for a new advanced coal-based electric power plant.
“West Virginia has the workforce, the coal, and the desire to be home to a new AEP power plant,” Byrd said. “AEP has a strong presence in West Virginia. We have proved to be a good partner with AEP in the past, and I believe that our partnership will continue to grow.”
“If West Virginia is selected for this new power plant, it would mean an infusion of new jobs, construction of a 21st century facility, and a continued commitment to West Virginia coal. This new plant would be a mainstay of West Virginia for many years to come,” Byrd said.
September 20, 2005 Byrd re-schedules 2006 announcement
Friends of Robert C. Byrd
Ned Rose
On Tuesday, September 27, 2005, U.S. Senator Robert C. Byrd, D-W.Va., will announce his 2006 re-election plans at an event in the Lower Rotunda of the State Capitol in Charleston.
...
Byrd had previously been scheduled to announce his re-election plans on September 7, but postponed the event because of the state's massive efforts to help victims of Hurricane Katrina.
Supporters are welcome to attend Senator Byrd's announcement.
"SINCE the 2004 election, there has been much soul-searching and hand-wringing, especially among Democrats, about how to "frame" political messages. The loss to George W. Bush was painful enough, but the Republicans' post-election claims of mandate, and their triumphal promises to relegate the Democrats to permanent minority status, left political liberals in a state of panic.
So the minority party has been searching, some would say desperately, for the right "narrative": the best story line, metaphors, even magic words to bring back electoral success. The operative term among Democratic politicians and strategists has become "framing." How to tell the story has become more important than the story itself. And that could be a bigger mistake for the Democrats than the ones they made during the election.
Language is clearly important in politics, but the message remains more important than the messaging. In the interests of full disclosure, let me note that I have been talking to the Democrats about both. But I believe that first, you must get your message straight. What are your best ideas, and what are you for-as opposed to what you're against in the other party's message? Only when you answer those questions can you figure out how to present your message to the American people.
Because the Republicans, with the help of the religious right, have captured the language of values and religion (narrowly conceived as only abortion and gay marriage), the Democrats have also been asking how to "take back the faith." But that means far more than throwing a few Bible verses into policy discussions, offering candidates some good lines from famous hymns, or teaching them how to clap at the right times in black churches. Democrats need to focus on the content of religious convictions and the values that underlie them."
...
"Abortion is one such case. Democrats need to think past catchphrases, like "a woman's right to choose," or the alternative, "safe, legal and rare." More than 1 million abortions are performed every year in this country. The Democrats should set forth proposals that aim to reduce that number by at least half."
"What West Virginia Can Learn From the Boston Red Sox
or What Manny Ramirez, Shaquille O'Neal, and Bob Byrd Have in Common...
MannyIt looks like the Red Sox have learned their lesson.
Despite rumors flying about an impending trade of Manny Ramirez, the Red Sox have decided not to trade the future Hall of Famer. It appears the Red Sox have finally learned that the best trade is often the trade you don't make.
It would not have been wise to trade their best player one year after winning the World Series. The last time they did that, the Red Sox traded Babe Ruth and ushered in almost a century of frustration before winning the World Series last October.
Unfortunately, the Los Angeles Lakers didn't heed this advice, trading their most valuable player, Shaquille O'Neal, to the Miami Heat in exchange for 3 players hardly anybody has heard of. The results, the Lakers ended up losing more games than the LA Clippers and missed the playoffs, while Miami almost won the Championship for the first-time in franchise history.
What is the lesson?
You don't trade your most valuable players, especially not for an unproven rookie. It may seem like you made a good deal at first, but a bad trade can have lasting results.
Next year, West Virginia voters will have a chance to choose between a proven star, Sen. Robert C. Byrd, who has demonstrated his value to the state time and time again, and an unproven prospect, Rep. Shelley Moore-Capito. The writers will talk about the potential of Rep. Capito, but voters should know that "trading" Senator Byrd would be no better than trading Manny for Aubrey Huff, or Shaq for those other guys.
Capito has been working in the minor leagues and has even had some success, but the US Senate is the Major Leagues. West Virginia can't afford to risk trading a perennial MVP candidate for a prospect who recently admitted,
"I'm not sure I completely understand (the federal budget process) yet myself."
That's like saying, "I can't hit a curve ball, but I'm working on it."
We can't afford to wait for someone to learn at the Major League level.
You don't have to take my word for it. Ask the fans in Los Angeles, which player do they wish they still had on their team?"
June 25, 2005 6:42 PM
RICHMOND, Va.
The three-point-eight billion dollar Coalfields Expressway project in southwest Virginia has effectively been halted.
That's because the Federal Highway Administration is withdrawing funding.
The agency cited delays and escalating costs in pulling the money from the 51-mile highway, a four-lane road from Wise County, Virginia, through Dickenson and Buchanan counties to link with the West Virginia Coalfields Expressway near Paynesville, West Virginia.
Highway administration officials say the project is behind schedule with no anticipated date for the start of construction of the first eight-mile section.
About 80 percent of funding for the roadway project would come from federal money.
Virginia's initial plans, developed as part of a public-private partnership under Governor Jim Gilmore, called for the expressway to be finished by 2012. The state hopes the road would be an economic godsend for a region with high unemployment and a shrinking population.
capito2006.com
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Stephen Skinner
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Record expires on Nov 4 2005.
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June 21, 2005
HOUSE RULES REQUIRING A NONPARTISAN PROFESSIONAL ETHICS COMMITTEE STAFF MUST BE COMPLIED WITH
Dear Colleague:
In recent weeks a number of Members have made the point that the House of Representatives needs to have a functioning, effective Ethics Committee. As the Ranking Minority Member of the Committee on Standards of Official Conduct, I could not agree more. Why, then, is the Committee not proceeding to fill the many vacancies in its staff, so that the Committee can begin to address the heavy workload that it is now facing?
The reason is that an issue has arisen within the Committee that is, in essence, whether the House Rules on the staffing of the Committee on Standards of Official Conduct will be complied with. My position on this matter is very straightforward -
The House Rules on committee staff are clear and unambiguous,
Those rules require that the Committee have a nonpartisan professional staff that is selected by vote of the full Committee, and
In staffing the Committee for the 109th Congress, it is critically important that the Committee comply with those rules.
The rules relating to the Ethics Committee staff are set out in clause 3(g) of House Rule XI, and their full text is set out in an attachment to this letter. Those rules provide that the Committee staff is to be "assembled and retained as a professional, nonpartisan staff," and they further provide that -
all members of the professional staff "shall be appointed by an affirmative vote of a majority of the members of the committee."
1. "each professional staff member shall be professional and demonstrably qualified for the position for which he is hired";
"the staff as a whole and each member of the staff shall perform all official duties in a nonpartisan manner," and
"no member of the staff shall engage in any partisan political activity directly affecting any congressional or presidential election." [Emphasis added.]
These rules were authored by the 1997 House Ethics Reform Task Force, and the report of the Task Force highlights the importance of these rules to the proper functioning of the House ethics process:
In order for the Standards Committee to function effectively, its professional staff must operate in a completely nonpartisan manner, and each member of the staff must have the trust and confidence of all Committee members. A nonpartisan staff is also essential to engendering confidence, both within and outside the House, in the impartiality of the Committee as a whole.
Unfortunately, the Chairman of the Committee has been insisting on implementing an entirely unprecedented proposal on Committee staffing that disregards these key rules. His proposal asserts that the Chairman has the unilateral power to appoint as "Majority Staff Director" of the Committee an individual who is a shared employee of his personal office and the Committee - an appointment that would be made without any vote of the Committee, let alone complying with the rule's requirement for a majority vote of the Committee, and without regard to the rules' clear requirements for staff of professionalism and a nonpartisan background. There could hardly be a worse time to inject partisanship into the Committee staff, in total disregard of both the terms of the rules and the consistent manner in which those rules have been implemented over the past seven years.
After you review the applicable rules, I believe you will be as impressed as I am that this is not a complicated matter, and it does not involve any question of interpretation of the rules. Instead, this is a simple matter of applying the terms of the rules according to their plain meaning. I have repeatedly made my views on this matter known to the Chairman of the Ethics Committee, but with this issue remaining unresolved after several months, I believe it is important that each Member be apprised of the basic questions that are at issue here. I would be happy to respond to any questions you may have on this matter.
Sincerely,
Alan B. Mollohan Member of Congress
"Anawalt.
This little town in McDowell County also held its municipal election Tuesday, and a slot on its board race ended up being closer than Bluefield's at-large race and Bramwell's contest for mayor.
Two siblings, Scotty A. Chapman and Theresa L. Bridgeman tied with 56 votes for the fifth seat on the board. The canvass will determine whether either brother or sister received an extra vote or two, to change the results."
"So Bluefield had two votes shifting the election; Bramwell had one - and who knew what would happen, or who might be mayor, after the canvass. What could be more exciting?"
"The Senate rejected the Cantwell amendment (earlier post) that proposed a 40% reduction in oil consumption by 2025 from the baseline forecast by the EIA.
The bill, co-sponsored by Senators Feinstein (D-CA), Reid (D-NV, Minority Leader) and Durbin (D-IL) went down 47–53, basically on a party-line vote with four exceptions.
One Democrat (Stabenow, MI) voted against the bill; three Republican senators (Chafee, RI; Snowe, ME; and Specter, PA) voted for it."
(4) Brandon has been working very hard on getting the MCYD Bluegrass Show organized. It is coming together slowly (rather quickly though in the last couple days), and should be ready sometime in August. More on that will be posted on mcydems.org by Monday (hopefully, depending on the server availability).
(5) VS
"Byrd still only leads Capito by a less-than-comfortable ten points in the polls. Ten points! That's nothing a good Karl Rove-sponsored $14 million television ad campaign can't handle."
After concluding a daylong fact-finding tour, analysts from a federal panel reviewing whether the West Virginia National GuardÂs 130th Airlift Wing should be downsized admitted on Monday just what Guard supporters have been saying all along.
West Virginia National Guard Adj. Gen. Allen Tackett has contended that the base can now handle 16 C-130s and has the resources to expand to 24.
With the exception of Sen. Jay Rockefeller, who had to attend to Senate business, the stateÂs full congressional delegation  Sen. Robert Byrd and Reps. Shelley Moore Capito, Allan Mollohan and Nick Rahall  were on hand for the BRAC analysts visit Monday. Also greeting them were Gov. Joe Manchin and Charleston Mayor Danny Jones.
Mollohan said it was Byrd who had Âmarshaled together this delegation in support of the base.
ÂWeÂre here to back up the unit, Byrd said. ÂWeÂre united in this delegation.
June 06, 2005
Save 130th
# Keep 'em flying
It’s heartening that West Virginians of many sorts are teaming up in a spirited attempt to save the National Guard’s top-rated 130th Airlift Wing at Yeager Airport.
Immediately after the Pentagon announced its intent to strip the unit of its cargo planes — which would wipe out its reason for existence and imperil the 1,000-plus jobs it provides to the Charleston regional economy — protest rallies were held, and local civic figures launched a “Keep ‘Em Flying” resistance effort.
The Kanawha County Commission, Charleston City Council, Charleston Area Alliance and Yeager Airport board each donated $25,000 to the grassroots group.
Iraq war heroine Jessica Lynch — who was rescued from an Iraqi hospital by a strike team delivered by one of the Charleston unit’s planes — volunteered to be a spokesman for the campaign. “It’s important for all West Virginians to have the base here,” she told reporter Rick Steelhammer. After many surgeries for fractures she suffered in a combat ambush, Lynch still walks with a cane, but says, “I feel great, spiritually.” The 2003 Sunday Gazette-Mail West Virginian of the Year is to enter West Virginia University this fall to become a kindergarten teacher.
Sen. Robert C. Byrd, D-W.Va., has taken a forceful role in the drive to save the 130th. At first, the federal Base Realignment and Closure Commission, which has authority to reverse the Pentagon decision, refused to visit the Charleston unit. Rep. Shelley Moore Capito, R-W.Va., announced that she arranged for West Virginians to get 30 minutes before BRAC when it meets June 28 at Pope Air Force Base in North Carolina, where the West Virginia planes would be transferred. Then Byrd scored two breakthroughs — persuading BRAC to send a team of analysts to Yeager June 14, and persuading the BRAC chairman to visit the 130th before a verdict is reached.
“West Virginians deserve a chance to make their case to the commission before it makes any decision,” Byrd said, “and having the chairman come to Charleston is a step in the right direction.” The senator added that “getting the 130th off this realignment-and-closure list will not be easy,” but “our job is to give them a convincing case to keep the 130th open.”
Byrd said Defense Secretary Donald Rumsfeld “had his facts wrong, plain and simple,” when he added the 130th to the downgrading list. For example, Rumsfeld said the 130th space at Yeager Airport can’t handle more than eight C-130 cargo planes — but numerous more C-130s were flown to Yeager Sunday during a rally, to prove the base’s capacity.
Also Sunday, investigative reporter Paul Nyden revealed that the quality of training at overcrowded Pope AFB has been rated as dismal by military studies.
Sen. Jay Rockefeller, D-W.Va., cosponsored a bill in Congress to delay base closures until a Quadrennial Defense Review is released next year. “It will cost taxpayers much more money to operate the 130th’s planes out of Pope Air Force Base in North Carolina than it does to operate them out of Charleston,” Rockefeller said. “I believe that matters to taxpayers, and I believe it’s about time the administration began to show some fiscal restraint.”
Rockefeller added that the 130th Airlift Wing “is one of the top outfits in the entire Air Force. The unit has been repeatedly cited for its excellence.” The 130th has performed extensively in the Iraq war.
The Yeager Airport wing, under National Guard direction, ranks among America’s best in military readiness — but the Pope base, under the Air Force, ranks near the bottom. News reports say Air Force planes were maintained poorly, partly because former Air Force official Darleen Druyun gave contracts illegally and was sent to prison for it.
The 130th is a valuable asset to central West Virginia. It’s encouraging that so many state figures are united in striving to save it.
Researchers are 95 percent certain that results won't be more than plus or minus 4.9 percent off the actual mark.
In the poll, Byrd received a 62 percent very favorable or somewhat favorable opinion from voters in the state, compared to 33 percent who gave him an unfavorable rating.
Fifty-seven percent of respondents said they hold a very or somewhat favorable opinion of Capito while 19 percent gave her an unfavorable rating.
Bryd condemned the Bush administration. "Send that dimestore cowboy back to Texas!" Standing ovation. He read a parable out of the bible. Somewhere in Corinthians. A man goes to a fig tree, and it bears no fruit. After three years, it still bears no fruit, and he chops the tree down. "Chop the tree down!" The old man is fiery as a preacher, energizing as a teamster and authoritative as a shaman. "Chop it down! Chop it down! Chop it down!"