Lambda Legal whiffs one

[drscott]

I've donated a lot of money to Lambda Legal this year. My response to the mass email from Lambda Legal re: Alito:

I have read your material supporting your opposition to the Alito nomination carefully. While I agree it is reasonable to be concerned about the nominee's underlying ideological motivation, I don't find the cases you cite very convincing in that regard. You also failed to cite the cases where the nominee shows support for the rights of privacy and limits on governmental power when that power has been used to limit minority rights. In other words, I think you fail to make a case that the nominee's ideology has consistently influenced his decisions in ways designed to hurt gay people. More importantly, I suspect that this public opposition is throwing your resources and political credibility into a battle which will be lost. You can only rally the troops so many times before exhaustion sets in, and it would be wise to choose battles where there is a realistic chance of winning.

So while I am happy to support your work, I disagree with this particular stance and will not be taking action as you suggest.

The response:

Thank you for writing your senators and urging them to vote no on Samuel Alito's nomination to the Supreme Court. As the executive director of Lambda Legal, but also as an American, I believe that every judge's agenda must be a commitment to liberty, equality and justice for all. Because Alito's agenda is to his conservative politics, rather than to these core principles, Lambda Legal was forced to oppose his confirmation. I am grateful that you stand with us in our opposition.

Please consider using our Tell-A-Friend feature and asking your friends, family and colleagues to join our campaign to oppose the Alito Agenda.

Sincerely,

Kevin Cathcart
Executive Director

Tell-A-Friend Feature: http://ga4.org/campaign/courtingjustice_alito_opposition/forward/57nkgdr15xwm6b ?

"Courting Justice" Online Center: www.lambdalegal.org/courtingjustice

If you would like to update your account information, please visit your subscription management page for Lambda Legal at: http://ga4.org/lambdalegal/smp.tcl?nkey=blahblahblah

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For some reason I don't feel particularly listened to.

[addendum: Balanced article on Alito from the Blade. Harvey Silverglate (respected Boston civil rights attorney) on Alito.]

Comments

[otterpop58.livejournal.com]

You socialize regularly with one of Lambda's board members. Perhaps you should bend his ear on this point.

[dr-scott.livejournal.com]

I suspect this will be a topic of conversation (between martinis and massages] in upcoming weeks. I haven't been paying much attention, but this press release from them earlier gives you an idea of why they struggled when deciding what position to take:

Lambda Legal Statement Clarifying Its Position on Judge Alito in Response to New York Times Article
�Mr. Stoll is not a member of our staff or board of directors and his personal or professional opinions are his own and not those of Lambda Legal.�

(New York, November 11, 2005) � In response to a New York Times article indicating Lambda Legal�s purported support for Supreme Court nominee Samuel Alito Jr. Lambda Legal issued this statement:

New York Times article excerpt dated November 11, 2005:

�David J. Stoll, the former Alito clerk who now works with Lambda Legal, said that like Justice O�Connor, Judge Alito would not bring any ideological agenda to cases. �I think he is fantastic,� Mr. Stoll said.�

Statement by Jon Davidson, Legal Director at Lambda Legal:

�While we certainly are fortunate to have the support of many talented donors, pro-bono attorneys and cooperating attorneys, none of them speaks to the position of Lambda Legal on this matter. Mr. Stoll is not a member of our staff or board of directors, and his personal or professional opinions are his own and not those of Lambda Legal.

�We are weighing carefully all of the information we have been able to gather about Judge Alito and have not yet taken a position on his nomination. Lambda Legal firmly believes that a strong commitment to equality and fairness for all Americans is a core qualification for a lifetime appointment to the Supreme Court. Legal intellect, experience and independence are necessary, but not sufficient.

�Our guiding principle as we examine nominees to the Supreme Court is that parties involved in civil rights claims are entitled to a level playing field when they appear before the Court. The Constitution requires this and it is every justice�s responsibility to make this promise a reality.�

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I'd give more credence than they did to someone who has worked with the nominee.