Monday, October 31, 2005

Clint Bolick On Judge Alito 

ALLIANCE FOR SCHOOL CHOICE EXPRESSES OPTIMISM ABOUT SUPREME COURT
NOMINEE

PHOENIX- Calling school choice "one of the seminal issues in modern
Supreme Court jurisprudence," Clint Bolick, president and general
counsel of the Alliance for School Choice, announced that he welcomed
President George W. Bush's nomination today of Judge Samuel Alito to the
U.S. Supreme Court.

Noting that Justice Sandra Day O'Connor was the swing vote in the
Court's 5-4 decision in 2002 in Zelman v. Simmons-Harris that upheld the
constitutionality of school choice, Bolick said that "it is vital to the
interests of disadvantaged schoolchildren across the nation to have a
Supreme Court justice who is hospitable to a broad array of educational
options."

Bolick pointed to Judge Alito's decision in Shore Regional High School
Bd. Of Educ. v. P.S., in which the U.S. Court of Appeals overturned a
trial court ruling that prevented a disabled student who was subjected
to severe physical and emotional harassment from transferring to a
different public high school under the Individuals with Disabilities
Act. In the ruling, Bolick said that "Alito showed sensitivity to the
prerogatives of parents in choosing the best educational environment for
their children."

Bolick also noted that Alito has "taken a commonsense position on
religious establishment issues," which are central to school choice
litigation.

"Although history makes abundantly clear that it is impossible to
predict a Supreme Court justice's positions, based on the evidence
available, we believe that Justice Alito has a firm grasp on relevant
legal issues and would provide a fair hearing to advocates of Supreme
Court," declared Bolick. "In that regard, the nomination does not
change the Court's course at all, but would keep it solidly on track in
support of educational opportunities for children who need them
desperately."

Bolick is a veteran of the confirmation fight over Justice Clarence
Thomas. The Alliance for School Choice is the nation's leading school
choice advocacy organization, and is based in Phoenix.
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