Remember Brownie? This morning Senate Republicans might as well have given him a federal judgeship.
If there’s anything the last five years have proven — from Iraq to Katrina – it’s that competence matters.
Federal judgeships cannot be political gifts to political cronies.
But that’s what happened this morning – Brett Kavanaugh is now a judge on the D.C. Circuit. And Washington barely seemed to notice – in spite of the noise we Democrats made about his outrageous nomination.
Am I overstating the case? You tell me.
Mr. Kavanaugh’s legal experience consists largely of three years with Ken Starr and responsibility in the White House Counsel’s Office for selecting right-wing judicial nominees.
Now he’ll be a judge on one of the most important federal courts with huge impacts on worker rights and employee safety, clean air, and clean water. But not once in his hearings did Mr. Kavanaugh point to any experience in these areas of the law. Brett Kavanaugh doesn’t have the experience for this job. An attorney who has played a central role in only five court cases isn’t ready to manage one.
What are we stuck with? Judges on the D.C. Circuit — the court to which Mr. Kavanaugh was just confirmed — averaged over 26 years of legal experience at the time of their confirmation. Kavanaugh will be a glaring exception. In his 15-year legal career, he has only played a central role in five cases—and was the lead counsel in only three of those.
So why did he get the job? Kavanaugh has been a key member of the Bush Administration from day one. Now the President’s Staff Secretary, he began his White House career in the Office of Legal Council. During his tenure there, his primary responsibility was selecting and preparing federal court nominees. Given his past recommendations, judges like Priscilla Owen, Janice Rogers-Brown, and William Pryor, and his central role in pushing the federal judiciary far to the right of mainstream American, I don’t think I’m going out on a limb predicting the kind of judge Kavanaugh will be.
In his three years with Ken Starr, not only did he help craft the articles of impeachment against President Clinton, he publicly defended Starr after it was over, calling him an “American hero” who fell victim to a “presidentially approved smear campaign against him.”
Federal judges are supposed to be above the political fray. Most come to us with unimpeachable qualifications. But this judgeship reeks of political payback.
I voted against Kavanaugh’s nomination as did 35 other senators. Every one a Democrat. But it wasn’t enough.
So here’s what has to happen.
Soon we will be asked to vote on the nominations of Terrance Boyle to the Fourth Circuit and Mike Wallace to the Fifth Circuit. Boyle’s nomination is opposed by an unprecedented group of at least 30 law enforcement associations, and Michael Wallace’s nomination received the first ABA rating of unanimously “not qualified” since President Reagan. If we are to stop the ideological court-packing that is taking place under this Administration, if we are to stop this culture of cronyism and protect the integrity and independence of our federal courts, we need to stand strong against these nominees, you need to speak out, write to your senators and your newspapers. Force a debate.
But the real answer? We don’t have enough Democrats in the Senate. Want to end the cronyism? Win the Senate this November.
End of story – that’s the only real and lasting answer.
Sphere: Related Content
Thank you for the response Senator Kerry. I especially like your thoughts on the Gang of 14, you are so right it was a bad deal if it lets nominees that are bad for the country on a whole get in. When is that deal up and can it be broken?
Have a wonderful Memorial Day weekend you certainly deserve some time with Teresa and your family. Love to them all.
On to Victory in ’06.
Well I think we have entered a new dimension. This has never happened before in our history. To have a realtime discussion with a man who almost became President of the country from the intimacy of our homes. So often we scramble around trying to figure out what our leaders are doing in the faraway kingdom of DC and we feel lost and disconnected. Even our votes are suspect.
I think people like us are leading the way to a new chapter and it is wise to understand its importance and give it all we’ve got. Let despair and futility be a thing of the past.
Sue Noel Says: May 27th, 2006 at 12:47 pm
Sue
We’re a big tent you know and sadly for those us more liberal and progressive than others, we need to remember that there are plenty of mederates in the party who don’t share the more liberal ideals. We can’t kick them out of the party because they are not liberal enough.
We’re in a place now when republicans are ditching their party affiliation out of disgust, do we lean farther left and take a chance of sending them back where they came from – just to appease the more liberal faction of the party?
It takes some give and take on all sides – that’s what democracy is all about.
The May 29, 2006 issue of The New Yorker arrived in the mailbox today; I read Jeffrey Goldberg’s “Central Casting” article in its entirety. (Some of us were discussing the article yesterday in the Kerry forum on DU.)
For all the voices and issues and moderates vs liberals and progressives vs rurals and who will appear with who where… well, by the end of the article, I was laughing. We Democrats are a party of diversity, we cover the spectrum, and instead of calls to talk about this here and that there, but NOT THERE! arg!; I think we’re missing the point of our strength, which is, of course, our diversity.
So we are many voices, many spokes on one wheel; our hub and the song are one in the same: America. We sing it electric, we sing it acoustic, we sing it with blues, and maybe even off tune, but we sing it. @;-)
When a wordmaster can find the central theme (my vote for the hub of the song is the same as it was three years ago: American Energy), we’ll center and surround that hub with our own spokes of energy… our rurals and our urbans and our moderates and our lefties and all of our issues too– healthcare, research, manufacturing jobs, national security, etc.
I don’t think we don’t even need to necessarily be in tune with each other, let alone where ever it is we find ourselves from one day to the next.
Anyone remember Hands Across America? Do you really think we all held hands at the same time? Or was it a wave of energy that reached across America? I think it was a wave.
And I’m with Teresa’s comment above: this is an extraordinary moment in history… let despair and futility be a thing of the past.
This country is in transition: it is a threshold moment, let’s “live the liminal.”
Off soapbox, pizza is here. And we still need to find a local candidate to run against the current state rep!
ps. John Kerry not only blogged, he POSTED at the Dem Daily. Holy Moly!
*ahem* Senator Kerry? I think I can speak for all here when I say, we’d love to hear from Teresa, too.
grinning and waving… @;-)
Ira,
Wow, you started with those committees and still got lost.
I guess it’s not just FEMA who has trouble organizing the volunteers.
As much as I deplore the need for you to be making this kind of effort, I hate to see your offer fall through the holes – especially since you are so determined.
You might try this as a ‘workaround’. Contact some of the local churches in the areas you would go to and see if anyone there would be willing to put you up. It doesn’t involve using the church roster or asking the minister. I would specifically target Quaker and Unitarian-Universalist(or google UUA) congregations. The Methodists could also be interested.
I am a UU and if you are not familiar with this small denomination by name, you will eventually realize we have been in the thick of progressive movements since the revolution. eg: The white commander of the first black unit in the Civil War was a UU. (His family insisted he be buried with his troops). The minister that was killed in Selma before the ’65 march was a UU. We pushed to have homosexuality removed as a psychiatric diagnosis from the DSM and started advocating, performing and celebrating gay unions in ’73. We are some of the people this administration is probably wire tapping without warrants.
Where there’s a will…
KJ, you HAD to mention PIZZA?? (sticking my tongue out:)
Thank you Democratic Daily and Senator Kerry!
It is time for more straight talk from our leaders. America is at a crossroads. Can we preserve our freedom, our political system, our future, or do we instead sell out our way of life for the benefit of the wealthy and well-connected. This Administration threatens our Constitutional rights to privacy, ignores the Separation of Powers with Signing Statements, and refuses to even cooperate with Congress.
It is time to take America back for Americans!
Keep up the good fight.
And when you get a chance, you are more than welcome to stop by and visit my blog, John Kerry for President 2008. I try to think big and stay optimistic for America!
Bob
Wow, not only a blog posting but a comment from JK too!!!
Senator, enjoy the Memorial holiday weekend. You and all the rest of the men and woman who have served this country and your fallen comrades sure deserve it!
BTW, the second time I saw Patrick Murphy was a few weeks later at a NJ/PA Veterans for Kerry rally. One of the VVAW vets there was also handing out fliers for people to come support them when they showed up to “debate” some slime boater types showing of “Stolen Valor” at a PA movie theater they’d rented for the evening.
The JK vets had been trying to get the owners to stop the showing. The owner started to freak out with all the complaint calls and emails they were getting. He said he didn’t know what movie they were showing when he’d agreed to it and at the time was just trying to accommodate some vets. We received word a few hours before we were heading out to support our guys that because a VVAW member who appeared in a clip used in the movie filed a law suit stating that he was slandered in it, the owner used that as reason to revoke his prior theater offering for that night.
Also, one amazing thing I witnessed at that vets for JK rally was one Vietnam vet who spoke. At first I was pissed and wondering why he was there. He’d made some, eh hem, “comments” about what he felt you called them in your ’71 Senate testimony. A couple of angry vets were yelling back at him for his making those comments.
But then he said that he had been a member of “Vietnam Veterans for a Just Peace”. Which as we know, was the Nixon created group to try to counter the VVAW. He said that John O’Neill had even stayed at his house.
Then he said that he’d watched the GOP convention and was furious about the “purple heart” band-aids. He appeared to also have the same exact reaction to Bush’s whole convention that I did. He said the nonstop chanting and hate speech at the GOP convention reminded him of what his family had fled from in Hungary years before.
Revulsion and fear from what took place at Bush’s GOP convention caused an ex-member of VV for a Just Peace to stand on a small makeshift stage that cold October 2004 morning wearing a Veterans for Kerry button on his shirt.
Pamela Leavey – Thank you for this forum.
I’ve been paying attention and I don’t like what I see in our our Senate Democratic Caucus. I supported Sen. Kerry in ’04 including doing some some volunteering in my local county Democratic office and have written letters to the editor defending him personally (see link)and professionally but this is not about my tiny efforts, it’s about the power of the sitting Senate minority.
The Kavanaugh confirmation was slipped in on a Friday before Memorial Day and only those following politics very closely even know this is an issue. The votes were there to block Kavanaugh, it was the will that was missing in the Senate from Sen. Kerry’s colleagues. Bush is at 29% approval rating and many elected officials are still timid and afraid of being painted as obstructionist.
Being in the minority party isn’t all gloom and doom. Until Democrats retake the majority we need to learn to lose well and be better at opposition. The Kavanaugh nomination was not losing well – it was slinking off for a holiday weekend with many Dems happy to put off confrontation for another day.
I’m not quitting the fight but I think it’s legitimate to expect a little more spit and vinegar from the Senate Dems with Bush seen as not credible by most of America. If I write the best letter in the world and everyone reads it and Bush drops to 27% will that be enough to get our ‘leaders’ to fight the Brett Kavanaughs of the world? Bill Lann Lee could barely get a recess appointment to a deputy cabinet position because of GOP obstruction and now Dems don’t have 40 votes to deny a lifetime appointment to Kavanaugh because of why exactly? It’s weak.
None of this is about Sen. Kerry’s fine efforts. It’s too many of his colleagues that are far behind the curve on grasping just how unpopular our government has become. I don’t want a fight every second November. I want a stand on principle every day.
Sen. Ben Nelson has a good saying, “Agree when I can, oppose when I must.” Why Kavanaugh doesn’t fall into the “oppose when I must” category for more Democrats I’ll never know.
Want to win in Nov. make sure someone is watching what the Repukes are doing in any swing district. Karl Rove and his pals will be very busy trying to rig those elections if noone bothers to stay focused. Everything else the Repukes will do this summer and fall will be to divert the Demos attention away from these races. The Repukes know they cannot afford to lose their grip on Congress. They’ve proven they will do anything to hold onto power anything. This time I would hope the powers to be in the Demo. party would finally realize they are up against “real” fascist not republicans. Fascist don’t play by rules they see elections as another form of warfare. If the DC Demos persist in thinking elections are like baseball games they will continue to lose. They will be relegated to the status of the Washington Generals basketball team forever losing to the Globbetrotters in the last minute of the game, because the Globbies own the clock and the refs.
6:47 pm
joejoejoe,
Thanks for participating. We do try to keep our focus on reality, not wishful thinking.
If you weren’t already sure about this, we are mostly former Kerry supporters who still have his back. There is also a strong advocacy for our tradition bound party to stop throwing away candidates who lose. Ron Chusid has thoroughly made the case that other countries maintain the losing candidate as the opposition party leader until the next election cycle. If the next candidate chosen is different, the position shifts. Meanwhile, there has been a focal person for the media, citizens and the incumbent minority legislators. At least to coordinate the efforts of individuals if not work on strategy.
I think all of us would like to see that spit and vinegar NOW (and before) instead of waiting til we can replace some GOP incumbents and even a few of the ‘confused’ Dems in November. The political reality is that there are enough of the Beltway Bewildered that need a LOT of WAKE UP calls – they seem to keep going back to sleep. Heck, I’ve even thought about sending them little coffee samples to see if they would work better than the letters I write. I thought about renaming them Beltway Fog Buster Coffee. HELLO? Do you folks hear what is going on in this country??? The American voters HAVE woken up, they are paying attention to what some Democratic Senators/Congressman are and are NOT doing. What some of them are/are not doing is just making it more difficult for average Americans to figure out what the Dems will do differently.
I read JK’s request here as the confirmation that, no they haven’t heard yet. More of us need to write more of them. Get across that, although we have had some respect for the difficulty of their position, it is slipping badly now due to the missed opportunities that are coming up regularly. Now is not the time for pragmatic caution or keeping outmoded habits.
It’s beyond weak and that is the essence of this post and the responses. We also TRY to maintain disagreements with the candidates in/actions, not deride or label the person. When I use ‘the Beltway Bewildered’ it is a general label to an unspecified group. (We all know who they are).
7:23 pm
Glenn hits the ball out of the field. Although the Generals are part of the Globetrotters performance, my message to every candidate who wants to get into the Congressional game is: you only get ONE chance to be a bench warmer or mediocre team player.
Earn your reelection or you will be retired for a candidate who will use, and not abuse, the power of the office they are elected to.
Lobbing a few ideas into the ball park.
Anyone for a mail-them-coffee campaign?? (lol)
The samples I was thinking of are Safeway’s – they are a bit boxy to mail but there must be other brands. (They wouldn’t need to be the same brand)
A few weeks ago I found out the search committee for the ’08 Convention site is touring 10 or 11 cities this summer. Since I live in Denver, the thought occurred to me that some of us locals could show up with a few posters. The comments can be polite but pointed. The coffee idea came into that too. But it might be harder to do.
Now I’m thinking, what if they were met with a similar group in every city? CAN YOU HEAR US NOW??? YOU CAN ANSWER ON THE BLOGS.
One thing I try to keep bringing up is that bloggers are 7 times more likely to be ‘influentials’ in their circles of friends and family. They are recognized for critical thinking, knowledge and articulation by that circle and have earned respect and trust with those people. During the ’04 campaign, the blogger influentials were dubbed ‘OPCs’ for Online Political Citizens. The ripple effect of the OPCs was thought to be underestimated (and foolishly undeveloped).:sad:
No duh. Focus groups may still be helpful. Dem leaders need to try listening to what bloggers suggest, especially the ones who can tell you what they are hearing in discussions. These are people who keep their ears open for all viewpoints. They will more than likely have a fairly thorough understanding of the arguments, emotions and misinformation in the minds of the antagonists and wavering. Plus suggestions for how to counter some of them.
Most important is to recognize how targeted this information can become. Different areas of the same state or city will have different issues. The more specifically we can identify those differences, the better we can address what the concerns are. To guess that what worked in Montana, to get a Democrat elected Govenor, will definitely work in -Chicago- races is a tad bubble headed.
If we sent a bunch of bloggers to hang out and listen to the ‘Starbucks Republicans’ we would probably come up with at least 100 different concerns and emotions, no telling how much misinformation.
I hereby cite Ira (#100 at 2:12pm above) from Texas, who is so determined to leave his job for a month and pay his travel expenses to help in Ohio or Pennsylvania, he has had to badger the unresponsive candidate staffs to come up with any kind of acknowledgement or acceptance of his offer.
Bloggers are determined to get control of this country back in the hands of the governed. We will go over the top, the extra mile(s), and where angels fear to tread -while burning the candles at both ends. Just ask.
Senator,
If you should have a mind to come back and read all the way down to the end of this blog – an observation – which I posted elsewhere. Ideas are great, but it seems that character (emotions) sale the goods. I’m thinking like a TV ad that the GOP wanted to break up Social Security. I’m thinking back to those ads in 1994 when the GOP went after health care.
If they give us the hammer, we might as well use it.
Robert Freedland Says:
May 27th, 2006 at 4:55 pm
Robert Freedland
Good to see you here! Kerry 08 all the way to the WH.
joejoejoe Says: May 27th, 2006 at 6:47 pm
joejoejoe,
This forum is the lifeblood for many who believe there has got to be more and there has got to be a btter way.
Like you, we “don’t want a fight every second November.” WE “want a stand on principle every day.”
And we want those who represent us to do the same. We need a few more John Kerry’s in the Senate.
Ginny hit the nail on the head – a “mail-them-coffee campaign??”
Those who are still bending to the will of the repubs, who have lost their footing and who’s base is slipping down the river, they are the ones who need to wake up and smell the coffee.
Stick around… we’re a determined bunch!
Senator Kerry–It is tremendously energizing, for us progressive Democrats, to be able to dialogue with you, and to follow your thoughtful statements in the national media.
Your Iraq exit strategy resolution of a few months ago, was absolutely right. My husband and I lived in Saigon in 1964, where he was working on the RAND study of the Viet Cong. We remember that the protest of the war took a long time to gather force, even after your 1971 statement to the Fulbright committee. It took too long, and all those lives were wasted. I hope we can save lives faster and sooner in Iraq. The way to do it? As you point out: Get the Republicans out of Congress and put in the Democrats.
I was a member of the Kerry Freedom Fighters and am now one of your constituents and a member of our fired-up, county-wide Democratic organization in western MA, Berkshire Brigades. We are working on Dems Congressional campaigns out-of-state, including Kirsten Gillibrand’s in NY and Casey’s agst. Santorum in PA. There are some promising ones in Connecticut, too.
I hope the American people can rise above the petty politics of today, and elect people who are intelligent, thoughtful, have personal integrity, tell the truth, believe in the Constitution, seek discussion and dialogue, are competent at their jobs, and believe in social justice.
Tela Zasloff
Williamstown, MA
Tela, good to see another Kerry Freedom Fighter still in the game, as you can see, there are several of us here. I was fortunate to meet you oh-so-briefly in Boston and read your writings with pleasure.
“I don’t want a fight every second November. I want a stand on principle every day.”
~~~joejoejoe
joe, you’ve expressed perfectly what this blog and the posters here are all about. Welcome! As you can see, Ginny has enough coffee for all of us.
Tela
So nice to start my day seeing another old friend/KFF here!
Pamela,
Thank you for your kind words. I just try to do my part to continue to advocate for Senator Kerry.
Bob
Pamela- I know you want to keep this civilized and a big tent but what was said by this Sue person was uncalled for.
Where was Senator Kerry in 04? he showed more spine in 04 and since than any other dem and I’m sick and freaking tired of you crybaby dems who have nothing better to do than blame the senator for 04. You want redemption call on Jesus afterall he’s the redeemer. Its not Senator Kerry job to redeem you and your vote or anyone else.
The senator is a man, who took a a lot of blows for the dem party that he had nothing to do with and is still standing.
As for conceding the election I didn’t see any dems storming the election office like the GOP did in 2000.
If people like sue haven’t figured it out now they never will. There were no paper trails and without a hanging chad or paper you can’t check who actually voted for whom.
The media and GOP along with the dem leaders would have made the seantor’s and our lives more hellish than they already did.
I do agree with the post above though that something has to be done by these dems that forever vote for these bush judges. Byrd, Ben Nelson and Mary Landrieu are often the usual suspects.
there was no way to fillibuster with the ones that were not there and those dems that went to the GOP side and voted. The votes weren’t there so call your senator and ask why. I live in a state with 2 GOP senators I can’t stand and wouldn’t waste a stamp to send them a letter.
Besides the fillibuster should have been bought up by harry reid. Why don’t people get on his case instead of Senator Kerry’s.
WE need some good dems on the judicary committe that can slice and dice the records and deeds of these bush judges. Sorry, to say Senator but Leahy, Biden, Schummer, Feinstein and Feingold aren’t getting the job done. You, boxer, lautenberg should be on there. folks may gripe about lautenberg but he’s one of the few dems not afraid to call a chicken hawk to his face.
I agree we have to have more dems in congress but we can’t accept Republican lites because we’ve already seen how the ones currently in congress are screwing the people around.
Oh, and Happy anniversary to Senator Kerry and Teresa.
[...]
Kerry Blogs About Wallace and Boyle
On Friday, the Massachusetts Senator said this: Soon we will be asked to vote on the nominations of Terrance Boyle [sic] to the Fourth Ci [...]
Well folks its amazing that on this blog yall yell at the Dems for not fighting hard enough and those of us on the other side yell at Republicans for the same .I suppose if we get a Dem in the White House our roles will reverse.
Darth,
Politics is ….. Politics !! Thanks for dropping by.
Senator Kerry,
2004 was the first election I was eligible for. I was/am so proud that I was able to cast my vote for you. I would be happy to do it again. You’re my President. You always have been and you always will be. If you do decide to run in 2008, I will be one of the first to move up to Iowa and volunteer for you.
I and others really appreciate the selfless effort you’re making on behalf of the Democratic party. I just hope the people you are raising money for are grateful. They owe you big time.
I also appreciate the things you are fighting for. It’s great to see you actually have the backbone to stand up to the gutless Republicans running things in Washington.
Keep up the good fight. We ALL have your back.
-Thomas
Thomas
Welcome to the Dem Daily — we ALL have his back is right!
pen Says:
May 28th, 2006 at 10:58 pm
pen, you rock. you really do!
Pen
I don’t really think Sue Noel was or is paying attention. The truth is clear and your points are all good.
Did anyone by chance, get to watch the show I commented about on comment #44? I was at work last night, and could not see it. Kinda wondering how it went.
Thanks again Senator, for not being like my rubber stamping Sin-Ators! I won’t even waste the time to try to talk to the likes of Vitter! And Landrieu..She is really hard to understand. I wrote her during the filibuster talk on Alito, and it was not till 3-8-06 that a form letter was printed. Then it was not received by me till 3-28-06.
Keep up the good work Sir.
Donnie,
I wish, my new program installations are going at slug pace.
They were supposed to be done Saturday and I’m still trying not to tear my hair out.
of course, it doesn’t help that while something is loading, I come here and blog
And I keep finding stuff. There’s a web site
http://www.solarbus.org/election/cd/
I have to get back to. They have a cd download that has all the info collected so far on the 2004 election.
You have to have a CD burner to do it. And the idea is to burn lots and distribute.
Hi Ginny! One thing I have to admire about Kerry is that at least he fights for yall. I wish my Republican Senators would show a little backbone once in a while.So as a Republican I may not like John Kerry ,but you guys are lucky.I think Republican Senators are to afraid to blog.Ginny I admire the fact that you and the folks here are involved,so folks keep it up.
Darth Malice
Sometimes Republicans and Democrats find things they can agree on.
I thought I read somewhere that Frist was getting into the blogs now.
Pamela Leavey you are quite right about somethings we agree on.It’s true I read some of Frist’s blog,but he gave few comments.Among conservatives he is getting the blame for the slow pace of judicial nominations.For us it is the burning issue and it will be a cold November if they don’t pick up the pace.I have said this before,at least yall can count on your senators to fight for your base.Our senators find ways to kick us in the teeth.Well good night to all. Best Regards, Darth Malice
Darth
Kerry among the few who fight for us. Out of curiosity can you tell us why you as a Republican, want to see the courts stacked with conservative judges? Does that seem far in a country that is based on democracy?
Pamela,
I would assume he would say because conservatives feel the courts have been stacked with liberal “activist” judges and they are trying to correct that…
Dave from P
They’ve done a pretty good job. Out of 828 active judges in the country, 462 are GOP and 366 are Democrats. And somewhere there’s an old geezer who was appointed by Johnson
Probably won’t leave until a Democrat is in the WH..
Given how upset DM is over the pace of judicial appointments, I would guess there will be close to a 20 point spread by the time W leaves office.
They also have figured out that GOP appointed judges are more likely to slide to being ACTIVIST LIBERAL JUDGES. Hmm, must be something about the bench that promotes seeking wisdom and enlightenment
Pamela, I know Sue is long gone but I just saw red and had to stand up for the senator. They want to run off at the mouth with that nonsense then they need to go to Daily Kos. I don’t subscribe to Kos but i do write here and if others come here showing the senator disrespect like that on his post I’ll just have to let them have it to.
Plus its hot in the mid atlantic so I admit it my paitence is thin for trash talkin like that.
Donnie- what is up with Landrieu? I guess the run-off fight in 2002 got her wary or something but she rubber stamps just about everything bush wants. Does she by the red state dems have to vote with bush to get re-elected tripe.
With respect to Kavanaugh, let’s revisit the question in a few years, when he has a record. If he’s a crappy judge, let him have it, if he’s not, then he will be owed an apology.
The partisanship with respect to the judiciary is alarming. I think that it behooves all to take a deep breath. Some Clinton nominees were not the greatest, for example, Richard Paez, has already had one of his decisions summarily reversed, which means that Paez got it so wrong that the Supremes didn’t bother to hear oral argument. Paez also wrote a decision that was unanimously reversed as well. In other matters, Paez’ record is not so hot, having botched the California recall and having joined some unanimously reversed opinions.
What I have just written is a fact. Does anyone think that Kavanaugh’s record will be like Paez’? It likely will not be.
My point is not to pick on Judge Paez or defend Kavanaugh. Rather, I think that all sides should look at “their” judicial candidates. Should Dems have gone to the mat over Ronnie White, a man who failed the bar the first time around? Should the GOP have gone to the mat over Priscilla Owen, or William Pryor.
SPO Kavanaugh is simply not at all qualified, and those interested in fairness before the bench, and the law, have been disgusted of late. This is a trend of cronyism and corporate shills that do not represent the people of this country.
I am struggling with the definition of an activist judge.
Is it someone who makes rulings on issues that are not covered by the Constitution and Bill of Rights? Is it a judge who creates laws instead allowing the legislature to create laws?
Where does the right to privacy fit in?
Does the government have the right to snoop on citizens whenever they chose?
Does an activist judge rule against this practice?
Our area is zones rural residential and a sand pit wants to mine sand a half mile from our house. The area was zoned this way before the property was bought. The current judicial rulings treat sand like a rare element and mineral rights trump property rights. Cities are denying permits. The mining company goes to court. If they loose in a lower court, the verdict gets overturned in appeals court. Cities don’t have the money to fight companies so they don’t fight very hard. Western Michigan is one giant sand pit and mines are all over the place.
Do activist judges rule against individuals and for businesses or is it the other way around?
I think we had this discussion on the old LUTD blog with Fritz discussing civil rights and RvW issues.
The whole issue of qualified judges is over fairness.
Does the judge issues rulings that seem reasonable in the review of the facts presented? Is there enough of a history to make this judgment?
That is the best we can hope for.
Kavanaugh has no history. How can he even be considered to be qualified based on his experience?
He may turn out to be a very fine judge who considers all the issues?
He may turn out to be a judge who issues rulings based on cherry-picking the facts; which is how W justified the war.
We don’t know.
The problem is we should have a pretty good idea before appointments are made.
Ginny in CO Says:
May 29th, 2006 at 4:54 pm
Ginny, I will check it out. I have a burner, but with dial-up, might take a while. Gonna have to see after I get off Wednesday night at midnight.
pen Says:
May 29th, 2006 at 10:23 pm
“Donnie- what is up with Landrieu? I guess the run-off fight in 2002 got her wary or something but she rubber stamps just about everything bush wants. Does she by the red state dems have to vote with bush to get re-elected tripe.”
pen,
I am unable to figure Landrieu out. It’s like having Sybil to represent you!! When something comes up, you think–OK who is she this week?
This is what I got back on the Alito confirmation:
“Again, thank you for your thoughts. I appreciate hearing from you and trust you will continue to contact me on matters of mutual concern.”
Oh you have no idea how true that is!!
Robert Freedland writes: “And when you get a chance, you are more than welcome to stop by and visit my blog, John Kerry for President 2008. I try to think big and stay optimistic for America!”
Everyone should definitely visit Robert’s site, who was one of the first, lone voices in the wilderness making the case for another run in ’08 in those dark days following the last election.
And congrats to Pam and Ron on scoring the senator as a contributor…big time!
Marjorie, do you think that Richard Paez is qualified?
Ronnie White failed the bar the first time around–was he qualified?
Re:133 Pamela I am glad you asked. I am a conservative who believes lawmakers should pass laws,not judges.I also believe that even tough issues like abortion needs to be decided by the voters.So if Georgia bans it and Vermont wants it,so be it.I believe that a conservative judicary does not shut you guys out,but a liberal one shuts me out, even if my view is the majority.I hope that helps.:)…..This is what got me to the polls.
Darth malice
There are more conservative judges on the bench than liberals. I don’t believe voters should decide who gets to have freedom of choice, and if a conservative rules against freedom of choice that does not affect the rights of conservatives unless they believe in freedom of choice.
Conservative judges rule more frequently in favor of corporate interests and screw the people. Unless you are the CEO of large corporation, you get screwed too.
Darth,
Judges don’t pass laws, they are asked by court procedure to check laws for çonstitutionality. Lawmakers make mistakes, judges make mistakes. Do you have some percentage of cases that are incorrectly overturned or is it just the abortion and gay marriage issues that are so important?
The majority view is one of the things the Supreme Court is supposed to moderate. If there is an unconstitutional law that the majority have managed to pass, then it should be struck down. If the majority sees that laws or customs based on traditional beliefs that managed to survive, or never sustained challenges, need to be addressed for constitutional compliance; it can be done through the legal process.
Then we get to the variation between the strict constitutionalists and those that want to use it as the Founding Fathers tried to foresee. A contract that would need modifications as time went on. Modifications made with great care so as not to change the intent of the original.
Who is shut out?
You didn’t bring this up but, as far as gay unions: our church has been advocating, performing and celebrating them since ’73.
Heterosexuals are the ones who disrupt heterosexual marriages. If you don’t want to marry a homosexual, don’t. And keep the Government out of everyone’s personal lives. How does a committed homosexual couple getting the same benefits as married couples hurt the married couples?
It benefits Government and society in the larger and longer pictures to promote stable relationships that are also financially and legally secure. I just don’t get how you can tell people not to love each other in a world full of hate. It is part of our religious practice that these couples have a means of identifying and making a commitment to a life time partner. And this should have the same governtment recognition as a heterosexual commitment. Stay out of my religion. It isn’t hurting anyone.
I don’t frankly care about using marriage as the term. It does seem odd that when it comes to God and Jesus in public prayer, we are all supposed to just accept them as generic terms for the Creator. But the definition of marriage has to be preserved. Uh, in the Bible, there were all kinds of relationships that were considered marriage. Are we going to be ok with concubines?
When it comes to abortion, the same basic freedom applies: if you don’t believe in them, don’t have them. I took embryology in college (upper grad pre-med class).
If you want to make abortion illegal due to the fetus’ right to life, you have to amend the constitution to grant the fetus citizenship. There is only one country that does that: Israel. And they still allow abortion. The laws that punish criminals for taking the life of a fetus are based on the parents’ reproductive rights – which the government has a distinct interest in: promoting the creation of new citizens.
Due to the mobility of the country and the cost of going out of state for a medical procedure, leaving these two issues to the states is illogical. I don’t think the national mandate on civil unions needs to be much more than the states will recognize such unions and that the parties are eligible for the same benefits as married heterosexuals.
As Pamela alluded, the huge majority of the court system involves business, not crime. There we have many problems associated with the biggest companies being able to pull out the best legal teams and sometimes win by default when the other party doesn’t have the $ to continue the case.
My sister works for the Law firm that just took over the Napster case. She is litigation support specialist – her division helps the attorneys establish databases, bill and the courtroom presentations done by computer technology. We don’t talk specifics about law cases any more than specifics on my medical cases. The perspectives we share on the relative worlds are much clearer behind the doors and curtains.
Ultimately, I would hope this comes down to a balance. Any president will make a mistake with at least one appointee, depending on length in office and vacancies.
That should be an honest error, not judgement clouded by strict ideology.
I’m glad something got you to the polls. How about the process? The campaigns and election comissions all need help.
Pamela,Ginny-We pass many laws to restrict freedom in this country.I would love as my choice to go 100mph on the highway,but yall as the majority want to restrict me?Well get an amendment!See how this goes.If conservatives want to pass certain laws they should not have to keep getting a two-thirds majority on everything.Ginny I think its fine if your church thinks gay-unions are good.I just don’t want to extend government benefits.That’s also by the way how I feel about pologamy.Its not legal,but I would love to get yalls take on it.To sum up I just don’t want some liberal judge deciding to change laws because it does not fit the left-coast worldview.At what point do votes on these issues count???
Darth
There’s gays all over the country. I think it’s sad that they are not treated fairly by some people who don’t understand that it’s normal and human for some people to be gay.
Why should they be treated differently by the government because a majority of conservative Christians think it’s wrong to be gay? Why should anything that conservative Christians believe affect the laws of this country actually? Gay people don’t hurt conservative Christians but conservative Christians hurt gay people with their prejudice and bias.
Pamela as a conservative I have no problem with gays or anybody else.What adults do behind closed doors is fine by me and most conservatives.I just don’t put gay unions on par with male/female unions.Pamela the sad thing today is that no relationships today seems to be working.Maybe we should drop all official unions period and leave it to churches. By the way Pamela how do you feel about pologamy?I mean pologimist in Utah get busted all the time.I have not heard of gays being hounded by the law lately.