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This Week in Liberal Judicial Activism—Week of May 7



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May 8       2006—When left-wing activist Marna Tucker is somehow selected as the D.C. Circuit member of the ABA committee that rates federal judicial nominees, Senate Democrats engineer the occasion for Tucker to conduct a (supposedly) supplemental review of White House lawyer Brett M. Kavanaugh, who had previously received an overall “well qualified” rating.  Tucker instead launches a scorched-earth investigation that produces a jumble of biased and incoherent allegations, and the ABA committee reduces Kavanaugh’s overall rating to “qualified”.  Amidst the ensuing Democratic smears, Kavanaugh ends up being confirmed to the D.C. Circuit by a vote of 57-36.  (See here for a fuller account.)   

 

May 10     2006—Mississippi attorney Michael B. Wallace, nominated to the Fifth Circuit by President Bush, is not as fortunate as Kavanaugh.  In a scandalous process marked by bias, a glaring conflict of interest, incompetence (see here and here), a stacked committee, violation of its own procedures, cheap gamesmanship, and ultimately, flat-out perjury, the ABA committee rates Wallace “not qualified”.   After Democrats regain control of the Senate in 2007, Wallace’s nomination is not resubmitted.

 

May 12     2005—Federal district judge Joseph F. Bataillon, appointed by—surprise!—President Clinton, rules that the Nebraska constitutional provision defining marriage as “between a man and a woman” violates First Amendment associational rights, the Equal Protection Clause, and the Bill of Attainder Clause.  One year later, a unanimous Eighth Circuit panel reverses all of these rulings.

 

May 13     1993—In dissent in University of Miami v. Echarte, Florida chief justice Rosemary Barkett flouts U.S. Supreme Court precedent as she opines that a statutory cap on non-economic damages in medical malpractice cases violates the Equal Protection Clause of the federal Constitution.  Nominated a few months later by President Clinton to the Eleventh Circuit, Barkett concedes at her confirmation hearing that she “should not have done that.”  But, hey, activism happens—when, that is, reckless judges like Barkett are involved.

To make matters even worse:  Barkett’s dissent adopts the position taken in an amicus brief submitted in the case by the Academy of Florida Trial Lawyers.  While the case was pending and while Barkett was facing a retention election, this same group created an annual award named after her, the Rosemary Barkett Award.  In November 1992, one week after her successful retention election, Barkett presented the first annual Rosemary Barkett Award at the group’s annual convention.  So much for the fact and appearance of impartiality.   

2007—Happy Mother’s Day!  No thanks to Ruth Bader Ginsburg, who in 1974 co-authored a report proposing that Congress abolish Mother’s Day and Father’s Day and replace them with an androgynous Parents’ Day.  Observing Parents’ Day would, she explained, be “more consistent with a policy of minimizing traditional sex-based differences in parental roles.”  In that same report, the oh-so-“moderate” Ginsburg stated her strong sympathy for the proposition that there is a constitutional right to prostitution and a constitutional right to bigamy; criticized the Boy Scouts and the Girl Scouts for perpetuating stereotyped sex roles; and urged that prisons be co-ed rather than single sex.  (See here for relevant excerpts from the report.)

 

For an explanation of this recurring feature, see here.


Tags: This Day in Liberal Activism


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