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Bench Memos

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Hurricane Justice Brown?



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While I despise all this talk of weather-based identity politics, there is one “hurricane-state native” whose name has not been mentioned: Janice Rogers Brown. She hails from Greenville, Alabama, which is in the southern part of the state (i.e., hurricane country). And, as long as we are talking about identity politics, as an African-American woman, she shares a common racial bond with those who were hit hardest in the New Orleans metropolitan area. Why do I bring up Justice Brown in this context if I think that identity politics are not valid bases for making a nomination? Because Janice Rogers Brown would make a phenomenal Supreme Court Justice on the merits, and if the president considers her because she is from Alabama, so be it. Indeed, I believe that she is a far superior legal intellect than the other proposed “hurricane” nominee.



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