Google+
Close

Bench Memos

NRO’s home for judicial news and analysis.

GONZALES AND OWEN



Text  



This distortion will go on and on. Harry Reid just used it on the Senate floor: That Gonzales called Owen an “extremist.” HE didn’t and he set the record straight. Let me take you to the Washington Post of all places for clairfication. The Post printed the transcript from Gonzales’s confirmation hearing, where he said: “My comment about an act of judicial activism was not focused at Judge Owen or Judge Hecht; it was actually focused at me. What I was saying in that opinion was that, given my interpretation of what the legislature intended, by the way the words that they used in terms of having a minor not totally informed or well informed but sufficiently well informed and the structure of the act, it was in my judgment that the legislature did intend the judicial bypasses to be real. And given my conclusion about what the legislature intended, it would have been an act of judicial activism not to have granted the bypass in that particular case. If someone like Judge Owen in that case reached a different conclusion about what the legislature intended, it would have been perfectly reasonable for her to reach a different outcome. But as to the words that have been used as a sword against Judge Owen, let me just say that those words were related to me in terms of my interpretation of what the legislature intended, again, through the words of the statute and the way that the judicial bypass procedure would actually operate in practice.”



Text  


Subscribe to National Review