To me, the canary in the coalmine is
42 U.S.C. §1983 -- deprivation of civil rights under color of law.
Complete text here:
http://www.law.cornell.edu/...
Think, in its most obvious incarnation, the Rodney King police beating case.
Section 1983 is, for good reason, usually associated with police use of excessive force in making arrests, detaining those arrested, abuse of prisoners by guards and failure or refusal to provide adequate medical care to prisoners (think county jails) and inmates (think state prisons).
But §1983 cases also involve
any abuse of power by city, county, state or federal gov't officials, from discriminatory hiring, promotion, demotion or firing (whether based on race, gender, ethnicity, religion, etc.;
or simple denial of due process in such employment-related matters), to equal protection or due process deprivations in matters of city or county zoning or general law enforcement.
When you see a Judge, or U.S. Circuit Court, narrowing the rights of, or turning the screws on, arrestees, prisoners, or a lonesome employee trying to fight a corrupt "city hall" to the point of nullifying such rights -- right to go forward with a civil action, right to get that claim before a jury, etc. -- then you see a Judge or Court who, in my opinion, is philosophically aligned with the oligarchs, plutocrats, the powerful, remorseless gov't hacks, Big Brother. Considering myself rather Jeffersonian in my outlook, I think such swine have no right to wear the black robe.
Libertarian types, as well as Democrats and progressives of varied stripes ought to look as this Alito's record and see where he comes down in such cases. Employment law (Title VII) cases are another good indicator of how this guy is wired.
Just a suggestion.
BenGoshi
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