The Truth About William H. Pryor

William H. Pryor, former Attorney General for the state of Alabama, has been nominated to the United States Court of Appeals, 11th Circuit. The power of the federal courts of appeal is second only to the United States Supreme Court and the people of the United States deserve to know that the jurists sitting on these courts are fair-minded, steady and ultimately unswayed by political considerations. Judge Pryor does not fit the bill.

• Sneaky Appointment: Pryor's record is so extreme that when President George W. Bush nominated him in 2003 he was immediately filibustered by the Senate. Because the Republicans could not muster the 60 votes required to end a filibuster, on Feb. 20, 2004, Bush appointed Pryor to the federal appeals court during a congressional recess, circumventing normal Senate procedure. That shady interim appointment ends soon and he has been re-nominated.
• Federalism: Pryor is a very outspoken advocate of federalism and state's rights — to the point that he believes that state laws should trump federal laws. If Pryor had his way, the government would have no power to protect the rights of citizens and for people living in different states, it would be like living in different countries. Pryor has asserted that the Supreme Court should cut back on the protections of the Age Discrimination in Employment Act, the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act and the Clean Water Act. Pryor called the enforcement of the rights set out in these acts as overstepping federal authority and undermining state's rights.
• Church and State: Pryor has made it clear through numerous speeches and actions that he does not believe in the separation of church and state. At an Alabama "Save the Commandments" rally in 1997, he said, "God has chosen, though his son Jesus Christ, this time and this place for all Christians . . . to save our country and save our courts."
• Abortion: In case after case, Pryor has argued vociferously against a woman's right to abortion. He has expressed opposition to abortion even in cases of rape and incest and has called Roe v. Wade "the worst abomination in the history of constitutional law."
• Lesbian and Gay Rights: During his time as Alabama state Attorney General, Pryor has done whatever he can to keep lesbians and gay men from gaining rights in Alabama. His homophobia has extended to other states as he filed an amicus brief in support of a Colorado voter initiative, Amendment 2 of 1992, prohibiting local governments from enacting laws to protect lesbians and gay men from discrimination based on sexual orientation. Then he filed another amicus brief in Lawrence v. Texas in favor of upholding sodomy laws that criminalize sexual relations between same-sex partners. In his statement he said that if a constitutional right protects "the choice of one's partner . . . (then it) must logically extend to activities like prostitution, adultery, necrophilia, bestiality, possession of child pornography, and even incest and pedophilia." Given this, it is safe to say that Pryor is not in favor of marriage equality.
• Violence Against Women: Pryor filed an amicus brief as attorney general of Alabama in United States v. Morrison challenging the constitutionality of a provision of the Violence Against Women Act, the federal initiative designed to address and eliminate domestic violence and sexual assault and provide funding for rape prevention and education. He argued that this federal expansion in civil rights protections was a breach of "state's rights," and therefore unconstitutional. Thirty-six state attorneys general filed amicus briefs supporting the civil rights remedy in VAWA and Pryor's was the single brief that took a position against it.
• Race Discrimination: Pryor persisted in his argument to limit civil rights protections when, representing Alabama, he argued before the Supreme Court in the case of Alexander v. Sandoval. Pryor persuaded the Supreme Court into a 5-4 decision that individuals cannot sue to enforce regulations under the Title VI of the Civil Rights Act of 1964 — the law that prohibits recipients of federal funds from engaging in conduct that discriminates based on race or national origin. His statement that "environmental racism claims should fail generally" demonstrates a continual hostility toward civil rights abuses. He also used his position as Alabama state Attorney General to urge the elimination of a key provision of the Voting Rights Act, which protects the right to vote for African Americans, calling it an "affront to federalism and an expansive burden that has far outlived its usefulness."
• His speeches and writings: When it comes to Pryor's stances on issues of social justice, his numerous speeches and writings leave nothing to the imagination. He once stated that "our last real hope for federalism is the election of George W. Bush as President of the United States who has said his favorite justices are Antonin Scalia and Clarence Thomas. . . . For the next administration: Please God, no more Justice Souters." He unabashedly criticizes many of the rights that we have fought for by saying that "for more than 30 years, the liberal agenda has been pushed through the courts. The courts have imposed results on wide range of issues, including racial quotas, school prayer, abortion and homosexual rights." He has also called abortion "murder" and said "I support the right to life of every unborn child." There are many more, but you get the idea.

Sources: Alliance for Justice, Forward, Human Rights Campaign, Justice for All, National Partnership for Women and Families, People for the American Way, Washington Post

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