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DraftPrado Update



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Orin Kerr did some digging into the folks behind DraftPrado.org. It turns out I was right to be cynical, as these folks hardly have a “nonpartisan” track record, and explicitly endorse a “progressive” agenda. This isn’t about consensus. It’s about derailing a conservative president’s nomination of a conservative nominee.

The Dem Who Voted for JRB



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was Ben Nelson

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Justice Brown: “Dissenter from Liberal Orthodoxy”



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Yes! It’s a great moment.

As James Taranto in Best of the Web Today aptly put it today, Justice Janice Rogers Brown, the daughter of Alabama sharecroppers just confirmed to the United States Court of Appeals for the D.C. Circuit, is “a black dissenter from liberal orthodoxy.”

Brown confirmed 56-43



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Dems Admit Justice Brown is “Extraordinary”



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In the final hour of Senate debate on Justice Janice Rogers Brown, Democrats trying to smear and discredit her proclaimed that she is “exceptional” (Senator Leahy) and that she is a “real doozie” (Senator Reid). Senator Reid clarified that “doozie” means “extraordinary.”

They got that right: The Senate has just held an up-or-down vote on an exceptional, extraordinary judge.

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Ted Kennedy’s Asthma Numbers



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See Adler and Hayward.

Lies, Lies & More Lies



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Senators Harry Reid, Pat Leahy, and Ken Salazar have in the last hour been lying on the Senate floor about Justice Janice Rogers Brown.

Example: Senator Reid just repeated the left-wing lie that Justice Brown longs for a reassertion of the long-overruled Lochner v. New York decision. Lochner held that the “liberty” protected by the 14th Amendment prevented states from enacting labor laws to protect workers. In fact, Justice Brown criticized a FOOTNOTE in Justice Holmes’s dissent in Lochner in which Holmes asserted the Founders of our country did not embrace any particular economic theory. Justice Brown pointed out that the Founders and the Constitution embraced a Lockean view that private property must be protected. As the daughter of a sharecropper, that truth is particularly poignant.

With respect to Lochner itself, Justice Brown was asked in her Judiciary Committee confirmation hearing whether she agreed with the holding. She said, “No.”

Brown vs. Boxer



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A reader suggests: “Given those election numbers, if Brown is not confirmed (unlikely at this point), how about Brown running against Boxer for Senate?”

Kennedy’s Chutzpah



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Earlier today on the Senate floor, Sen. Ted Kennedy (D., Mass.) grumbled at length about the many other more important issues–factories downsizing, pension reform, the uninsured–that the Senate could be debating this week instead of judicial confirmations. The nerve! After all, if it weren’t for Kennedy, the Democrats might never have adopted the reckless judicial filibuster strategy in 2003. Responsibility for time consumed this week on what properly should have occurred years ago belongs to none more than Kennedy himself.

RE: So Funny



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I say we put Chuckie to the test. The president should nominate Ramesh to a federal appellate court, and I’m sure Chuckie would support his confirmation. Right?

Ginsburg vs. Mother’s Day, the TKO



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Attention, Al Franken:

I am pleased to report that I have posted on the website of the Ethics and Public Policy Center a PDF version of the source setting forth the extremist views of Ruth Bader Ginsburg, the “Report of Columbia Law School Equal Rights Advocacy Project: The Legal Status of Women under Federal Law,” co-authored by Ruth Bader Ginsburg and Brenda Feigen Fasteau in September 1974.

I have separately posted PDF versions of certain specific pages as well as the report’s cover page. Links to all of these pages and to the entire report can be found here. (Warning: Downloading the entire document will take a long time.)

The document includes the following propositions:

“Prostitution, as a consensual act between adults, is arguably within the zone of privacy protected by recent constitutional decisions.” [72]

A statutory restriction on political rights of bigamists “is of questionable constitutionality since it appears to encroach impermissibly upon private relationships.” [190-191]

“Sex-segregated adult or juvenile institutions are obviously separate and in a variety of ways, unequal. . . . If the grand design of such institutions is to prepare inmates for return to the community as persons equipped to benefit from and contribute to civil society, then perpetuation of single-sex institutions should be rejected.” [75]

“The Boy Scouts and the Girl Scouts, while ostensibly providing ’separate but equal’ benefits to both sexes, perpetuate stereotyped sex roles to the extent that they carry out congressionally-mandated purposes.” [131]

“Replacing ‘Mother’s Day’ and ‘Father’s Day’ with a ‘Parents’ Day’ should be considered, as an observance more consistent with a policy of minimizing traditional sex-based differences in parental roles.” [133]

Other nuggets abound. For example, Ginsburg recommended that the age of consent for purposes of statutory rape be lowered from 16 to 12. [See pages 69-71 and the specific recommendation regarding 18 U.S.C. § 2032 on page 76.]

Senator Boxer, BTW



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got 57.8 percent of the vote in her most recent election.

California Girls



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From from the Cornyn rapid-response office:

In an apparent attempt to diminish the overwhelming electoral support in California for Janice Rogers Brown, Sen. Boxer just claimed on the Senate floor that “anyone who knows anything about California politics knows that it is very rare that judges are made into an election issue. We usually approve our judges.” But perhaps the most memorable case of voter repudiation of activist judges happened in California: In November 1986 Chief Justice Rose Bird and two other liberal members of the California Supreme Court were voted out of office in large part for their activism in reversing death penalty cases.

Further, it is important to note that Justice Brown, with 76 percent of the vote, received the highest vote percentage of all justices on the ballot the year of her retention election.

Rubber Stamps



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This reminder just in from Senator Cornyn’s office:

Sen. Schumer just lamented the “rubber stamp” approach to the President’s judicial nominees. He brought out his chart showing the overwhelming support by Republicans on judicial nominees. He said that “what I’m concerned about is a leader-led rubber stamp.” This is a curious complaint from a Senator who never voted against a single Clinton nominee.

He’s not alone, neither did the other Democrat Senators regularly heard speaking out on this issue.

For example, Sens. Kennedy, Feinstein, Murray, Biden, Durbin, Leahy, Dorgan and Dodd never voted against any Carter, Clinton (or in Sen. Kennedy’s case, Johnson or Kennedy) judicial nominees.

Perhaps the “rubber stamp” attack isn’t the best choice.

As always, please don’t hesitate to contact me if I can provide anything further on this, or any other matter.

Bill Pryor--Memory Lane



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Schumer Claims



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that no conservatives are arguing with Ramesh and G. Will. Not so. Just look at that CONSERVATIVE NATIONAL REVIEW outfit. Here’s Peter Kirsanow on Brown. And on May 17, Ramesh and Peter debated JRB in The Corner.

Senator Cornyn on the Mainstream



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Senator Cornyn of Texas, who has been a stalwart on judicial nominations, today issued this statement titled “Who’s in the ‘Mainstream’?”:

As the Senate continues its debate on the President’s judicial nominees, liberal interest groups claim that nominees must hold ‘mainstream,’ and not extreme, views. Yet they applied a very different standard to Democrat nominees, than they now apply to Owen, Brown and Pryor.

For example, prior to her service on the federal bench, Justice Ruth Bader Ginsburg–a distinguished jurist and liberal favorite–served as general counsel of the ACLU, a liberal organization that has championed the abolition of traditional marriage laws and attacked the Pledge of Allegiance. Before becoming a judge, Ginsburg expressed her belief that traditional marriage laws are unconstitutional, but that prostitution is a constitutional right. She also wrote that the Boy Scouts and Girl Scouts are discriminatory institutions, that courts must require the use of taxpayer funds to pay for abortions, and that the age of consent for sexual activity should be lowered to age 12.

Most Americans do not consider these views to be mainstream–yet Senate Republicans and Democrats alike set aside such concerns and approved her nomination to the Supreme Court by a 96-3 vote, less than two months after her nomination was announced. Yet President Bush’s nominees–who do hold views shared by millions of Americans and enjoy the support of a bipartisan majority of senators–suffer vicious attacks and unprecedented obstruction from liberal interest groups and their allies in Congress.

We should all reject this double standard. We should consider nominees on the basis of their qualifications and judicial temperament, not on the basis of some distorted conception of the political ‘mainstream.’ We should examine their commitment to applying the law regardless of their personal beliefs, not the actual content of those beliefs. And we should consider nominees based on the mainstream support of a bipartisan majority of the Senate, rather than the virulent opposition of a partisan minority of senators and extreme interest groups.

So Funny



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Charlie Schumer just called Ramesh and George Will “thinking conservatives” because they’ve aired Janice Rogers Brown reservations. How often does Charlie Schumer consider them “thinking” players worth praise? (I’ve been complaining about this in The Corner too for the last little bit.)

Janice Rogers Brown



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Confirmations Coming



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Howard Bashman rounds up news on the coming confirmation votes here. To summarize: There will be a cloture vote on Judge William Pryor this afternoon after the confirmation vote on Justice Janice Rogers Brown. Pryor’s confirmation vote could come as early as tomorrow. There should be three more confirmation votes–on Griffin and McKeague as previously reported, and on Thomas Griffith for the D.C. Circuit–next week. Meanwhile, The Hill reports that Frist is in no rush to bring other, more controversial nominations (e.g. Haynes, Myers, Kavanaugh, Saad) to the floor as there are other matters (Bolton, energy bill, etc.) that the Senate must address.

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