The Senate’s confirmation yesterday (2/4/05) of Alberto Gonzales, the torture lawyer, not only marks the most shameful low in the history of the U.S. Senate, but it clearly violates the Eighth Amendment prohibition against cruel and unusual punishment That the issue was explicitly part of the national debate makes the 60 confirming Senators accessories to Gonzales.

The confirmation adds a new dimension of illegality to senators already guilty of failing to remove a president of tainted election who has committed U.S. troops to an illegal and unconstitutional war. If ever a national class action were needed against a Congress and a President, it is now.

Senator First will begin this Monday to have the Senate change class action laws. Aborting due process, however, requires Constitutional Amendment.