Bench Memos

Putting Judicial Nominees in Perspective, Part II

Time for a bit more perspective on judicial nominees (on top of this post on Rosemary Barkett).

On May 5, 1994, President Clinton nominated district judge H. Lee Sarokin to be a judge on the U.S. Court of Appeals for the Third Circuit. As Senator Hatch accurately stated at the time, Sarokin had earned a reputation as a stridently liberal judicial activist. Indeed, Sarokin described himself as a “flaming liberal” as a judge. The Third Circuit had lambasted Sarokin for “judicial usurpation of power,” for ignoring “fundamental concepts of due process,” for destroying the appearance of judicial impartiality, and for “superimpos[ing his] own view of what the law should be in the face of the Supreme Court’s contrary precedent.” The New Jersey Law Journal had reported that Sarokin “may be the most reversed federal judge in New Jersey when it comes to major cases.” A broad range of police and victim’s groups announced their opposition to his nomination.

Here’s a fuller memo on Sarokin’s record that Senator Hatch submitted on the Senate floor. If you read nothing else, be sure to read about Sarokin’s wildly lawless ruling (reversed by the Third Circuit) in Kreimer. There Sarokin ruled that the Morristown public library couldn’t enforce its written policies to expel a homeless man who regularly engaged in offensive and disruptive behavior and whose odor was so offensive that it prevented the library patrons from using certain areas of the library and prohibited library employees from performing their jobs. “[O]ne person’s hay-fever is another person’s ambrosia” was among Sarokin’s justifications for preventing a community from setting even minimal standards.

Senate Democrats regarded Sarokin as an ideal judge. Senator Leahy, for example, called him “a judge of proven competence, temperament, and fairness” and “an excellent choice.” A mere five months after his nomination, Judge Sarokin was confirmed over Republican opposition.

Of the eight current Democrat Senators on the Senate Judiciary Committee, six (Leahy, Kennedy, Biden, Kohl, Feinstein, and Feingold) served in the Senate at the time of the nominations of Barkett and Sarokin, and all six strongly supported their nominations. (Sen. Kennedy missed the vote on Sarokin.) It is, I think, obvious from their performance that the two new members, Schumer and Durbin, would have done so as well. These Senators simply do not deserve to be taken seriously as arbiters of the qualifications of judges. And their reckless attacks on President Bush’s outstanding nominees are doubly shameful in light of their support for nominees like Barkett and Sarokin.

Most Popular

Biden as Paradox

It is now conventional punditry that should Joe Biden win in November, his vice president, in 1944-style, will sooner rather than later become president. Biden, to reboot and secure the identity-politics base, thought he had to discriminate by sex and race in advance by selecting his vice president. But given ... Read More

Biden as Paradox

It is now conventional punditry that should Joe Biden win in November, his vice president, in 1944-style, will sooner rather than later become president. Biden, to reboot and secure the identity-politics base, thought he had to discriminate by sex and race in advance by selecting his vice president. But given ... Read More
U.S.

This Is Why We Need Guns

‘Only the cops need guns” simply could not live forever alongside, “The cops are racist and will kill you.” And so, at long last, the two circles of the Venn Diagram have filed for an amicable divorce. In the end, the differences proved irreconcilable. At least, they proved irreconcilable without ... Read More
U.S.

This Is Why We Need Guns

‘Only the cops need guns” simply could not live forever alongside, “The cops are racist and will kill you.” And so, at long last, the two circles of the Venn Diagram have filed for an amicable divorce. In the end, the differences proved irreconcilable. At least, they proved irreconcilable without ... Read More

Riots Are Violence

It’s weird that this needs to be said, but here we are. Then again, the pundit who reprehensibly claims that destroying property "is not violence" risks nothing. She agitates for revolution from the safety of her apartment. Much the same, I suspect, most of those excusing the destruction of our cities — ... Read More

Riots Are Violence

It’s weird that this needs to be said, but here we are. Then again, the pundit who reprehensibly claims that destroying property "is not violence" risks nothing. She agitates for revolution from the safety of her apartment. Much the same, I suspect, most of those excusing the destruction of our cities — ... Read More
Law & the Courts

‘Dominating’ the Streets

Since the revolution in policing that began in the early 1990s, we have had a generation of peace and prosperity. Without the rule of law -- i.e., without order, without the presumption that the laws will be enforced -- that kind of societal flourishing is not possible. We are seeing now what happens when the ... Read More
Law & the Courts

‘Dominating’ the Streets

Since the revolution in policing that began in the early 1990s, we have had a generation of peace and prosperity. Without the rule of law -- i.e., without order, without the presumption that the laws will be enforced -- that kind of societal flourishing is not possible. We are seeing now what happens when the ... Read More