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Toward Priscilla Owen, Not Even The Pretense Of Fairness
CNSNews.com ^ | August 01, 2002 | John Nowacki

Posted on 08/01/2002 7:09:49 AM PDT by Stand Watch Listen

"No, no!" said the Queen. "Sentence first -- verdict afterwards." "Stuff and nonsense!" said Alice loudly. "The idea of having the sentence first!" (Lewis Carroll, Alice in Wonderland).

By scheduling a committee vote on Justice Priscilla Owen's judicial nomination for yesterday morning, Senate Democrats made it clear that they couldn't care less whether it even looks like they're treating her fairly. And the truth of the matter is, they're not.

The Texas Supreme Court Justice was nominated to the U.S. Court of Appeals for the Fifth Circuit on May 9, 2001. Last week -- four hundred forty days later -- she finally received a hearing, or what passes for one these days.

In the days leading up to that hearing, the usual left-wing groups put out reams of paper purporting to show that confirming Justice Owen was the worst thing that could happen to the Fifth Circuit.

They faulted her for running for office in full compliance with Texas laws and ethical rules. They criticized her for not ruling for plaintiffs often enough, regardless of the merits of each individual case. And they condemned her for following the law and U.S. Supreme Court precedent when interpreting the Texas parental notification statute.

This wasn't surprising; these groups exist to bork Republican nominees. Nor was it surprising that most Democrats on the committee parroted those special interest groups when questioning Justice Owen.

John Edwards misrepresented her concurrence in an employment discrimination case in just the same way the leftist Alliance for Justice did. Patrick Leahy and Ted Kennedy let People for the American Way do their homework for them on a state constitutional case and her business related cases. Maria Cantwell spun Owen's opinions in the parental notification cases like she was reading from a set of National Abortion Federation talking points. Dick Durbin repeated Texans for Public Justice's deceptive spin on her majority opinion in a scope of insurance coverage case. And so on.

No matter how often Justice Owen tried to set the record straight, no matter how many times she tried to get a word in edgewise, it didn't make a difference -- and it probably wouldn't have even if those Senators had been listening. Instead, they were grandstanding; showing off for the cameras and the left-wing groups that gave them their marching orders.

Not that it stopped these Senators from tender expressions of courtesy when it became obvious that she wasn't being given a chance to defend herself. Leahy, who kept cutting her off, told her that nobody wanted to cut her off and that she would have a chance to expand her answers in writing.

Durbin, who kept interrupting her with outrageous accusations, interrupted her response to one with a statement that his time was short and that if she wanted to submit something in writing, he'd be "happy to consider it."

Others demanded that she name certain types of cases from the nearly 900 that had come before her, but graciously allowed her the opportunity to send them in writing later.

Then there were the promised additional written questions. Charles Schumer wanted to press on with his ideological litmus test and sent 11 questions last Thursday. Leahy sent 21 the same day. Russell Feingold sent 23 on Monday. Kennedy sent 20 on Tuesday.

Seventy-five questions, perfectly legitimate for the committee to submit -- that is, if they were at all concerned with her answers.

Tuesday evening -- the same day Kennedy sent over his 20 questions - the Democrats scheduled a snap committee vote on Priscilla Owen for Wednesday morning. It came as a surprise to Republican committee members, some of whom didn't find out until their staff saw the notice on the committee website.

And it surely came as a surprise to Justice Owen, who probably thought these U.S. Senators would want to at least let her answer their questions before bringing her nomination to a vote.

It's difficult to think of a more insulting way to treat a nominee, especially after making her wait more than 14 months for the chance to defend herself in the first place.

Republicans, taking advantage of a procedural rule, were able to postpone the vote until September, when the Senate comes back from the August recess. But the message was clear: these Democrats don't care whether the attacks on her record are false, they think they're ready to reject this nominee, and they aren't bothered by how completely vicious they look in the process.

Like the Queen in Carroll's story, they will not allow the truth to get in the way. They want Priscilla Owen's nomination defeated. It doesn't really matter that she's fair, well qualified, and experienced. It doesn't even matter that she can show she defers to the legislature and Supreme Court precedent. Hearings -- and written questions -- are just for show. Vote first. Get the facts afterwards, if at all.

No, it's not fair, just, or even responsible. But that's how these Senate Democrats want it.

(John Nowacki is Director of Legal Policy at the Free Congress Foundation.)

Free Congress Foundation


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
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1 posted on 08/01/2002 7:09:49 AM PDT by Stand Watch Listen
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To: Stand Watch Listen
Her sole crime is being a conservative.
2 posted on 08/01/2002 7:10:49 AM PDT by goldstategop
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To: goldstategop
Wake up American voters, what no nation in the world is able to do from the outside our elected officals will do from inside.

Bring this great country to it's knees for their own personel gains.

Remember this on election day:

TIME TO TAKE OUT THE TRASH !!

3 posted on 08/01/2002 7:19:38 AM PDT by chiefqc
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To: Stand Watch Listen
Further proof - if more were needed - of the absolute necessity for a GOP Senate!
4 posted on 08/01/2002 7:21:34 AM PDT by Redbob
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To: Redbob
Can W renominate her and get a fresh confirmation hearing before the new Senate in January if they assassinate her this year? Or does that violate protocol and decorum?
5 posted on 08/01/2002 7:28:10 AM PDT by Norman Conquest
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To: Redbob
Further proof - if more were needed - of the absolute necessity for a GOP Senate!

Most definitely..

Critical Campaigns
Source: INSIGHT magazine; Published: July 29, 2002;
Author: G. Hicke

6 posted on 08/01/2002 7:36:09 AM PDT by Stand Watch Listen
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To: Norman Conquest
Hmmmmm...I was wondering if he could appoint her during the upcoming August recess. Then let the howls from Daschle and Leahy explain why they protest. Clinton certainly did his share of recess appointments, so they could not use that as a protest of usurpation of their Senate 'duties'.

I'm also wondering why President Bush doesn't expend some political capital and get behind his nominees. Get on the 'bully pulpit' and set forth his rationale before the American populace. He has allowed a number of them to whither before the Democrat led Judiciary Committee.

7 posted on 08/01/2002 7:43:08 AM PDT by Stand Watch Listen
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To: Norman Conquest
Or does that violate protocol and decorum?

Even if it does, screw "decorum." The Senate Democrats don't deserve any. When is the White House and the Republicans in Congress going to learn to play hardball?

8 posted on 08/01/2002 7:44:16 AM PDT by seamus
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To: Stand Watch Listen
I'm also wondering why President Bush doesn't expend some political capital and get behind his nominees. Get on the 'bully pulpit' and set forth his rationale before the American populace. He has allowed a number of them to whither before the Democrat led Judiciary Committee.

I have a bad feeling that she will be voted down. It looks like Bush is doing a repeat of Pickering - hanging her out to dry and not coming to her defense until it is too late.

Yes, he should recess appoint her and Pickering, after making a speach that he will do the same for any future nominees treated in a similar fashion.

Where is he? Ari? Trent? Hello???

9 posted on 08/01/2002 7:57:50 AM PDT by Hacksaw
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To: goldstategop
Correction:
...Being a female conservative.
(that's a double hit)
10 posted on 08/01/2002 8:05:28 AM PDT by norton
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