Bench Memos

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This Week in Liberal Judicial Activism—Week of July 30


July 30      2003—The seventh cloture vote on President Bush’s nomination of the superbly qualified Miguel Estrada to the D.C. Circuit yields the same result as the first cloture vote nearly five months before:  Only four Senate Democrats vote for cloture, and the vote fails to end the filibuster.  On September 4, 2003, Estrada withdraws his nomination.  Commenting on the Democrats’ successful filibuster of the Estrada nomination, Senator Chuck Schumer turns faux-originalist:  “my guess is that [if] the founding fathers were looking down on the Senate today, they’d smile.” 


July 31      1996—The annals of This Week suffer a severe blow, as arch-activist H. Lee Sarokin resigns from the Third Circuit after less than two years of service.  Imagine what he could have accomplished with more time!  (See This Week entries for Feb. 6, Feb. 14, May 3, May 22, and June 7.)  Even Sarokin’s reason—or, more precisely, his stated reason (see This Week for April 25, 1996)—for resigning is intensely political:  he informs President Clinton by letter of his fear that “my decisions will continue to be used against you and others in the upcoming campaign.”  In other words, Sarokin resigned in order to minimize the adverse impact that his ongoing rulings would have on the political fortunes of his favored candidates.


Aug. 3       1993—By a vote of 96 to 3, the Senate confirms President Clinton’s nomination of D.C. Circuit judge Ruth Bader Ginsburg to the Supreme Court seat vacated by Justice Byron White.  Confirmation comes a mere seven weeks after Clinton announced his decision to nominate Ginsburg. 

And how, after all, could there have been any controversy over a former ACLU activist who, among other things, had stridently criticized the Supreme Court’s 1977 ruling that the Constitution does not require taxpayers to fund abortions … who had stated her strong sympathy for the proposition that there is a constitutional right to prostitution and a constitutional right to bigamy … who had proposed abolishing Mother’s Day and Father’s Day and replacing them with an androgynous Parent’s Day … who had criticized the Boy Scouts and the Girl Scouts for perpetuating stereotyped sex roles … and who had urged that prisons be co-ed rather than single sex?  (See here for documentation of the last several points.)  That’s what the media call a “mainstream” and “moderate” nominee.


For an explanation of this recurring feature, see here.

Tags: This Day in Liberal Activism


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