Posted on 01/21/2005 11:35:36 AM PST by TChris
Dear Senators:
On behalf of the Leadership Conference on Civil Rights (LCCR), the nation's oldest, largest, and most diverse civil and human rights coalition, we write to express our opposition to the confirmation of William G. Myers to the U.S. Court of Appeals for the Ninth Circuit.
We are very troubled by many aspects of Myers' record including his disregard and disrespect for the concerns of the Native American community and his troubling legal philosophy that would elevate property rights to a level of constitutional scrutiny reserved for fundamental rights, such as the right to free speech and equal protection. We are also concerned with his limited view of Congress' commerce power, and the implications that flow from that view as it impacts civil rights.
In his role as solicitor for the Department of the Interior, and as an advocate and lobbyist for the interests of public land industries, miners, cattlemen, and ranchers, Myers has shown an alarming insensitivity to the heritage and traditions of Native Americans. Myers' pro-industry bias, at the expense of the interest of Native Americans, has led the National Congress of American Indians, the nation's oldest and largest organization of Native American and Alaskan tribal governments, to adopt a formal resolution in opposition to Myers' nomination to the Ninth Circuit. NCAI's 2003 resolution cited Myers' "deep lack of respect and understanding of the unique political relationship between the federal government and tribal governments" as well as his "demonstrated [] inability to set aside personal bias to act in a neutral and objective manner." Myers' nomination is of particular concern, given that the Ninth Circuit is home to over one hundred Indian tribes, millions of Indian people, millions of acres of public land, and has jurisdiction over important federal and tribal lands management issues.
(Excerpt) Read more at civilrights.org ...
It appears to me that he probably isn't qualified for the position, due to his inexperience, however, I'm no legal expert.
However, I do love his philosophy! :-) Anyone who can raise the ire of so many left-wing organizations HAS to be on the right track!
"that would elevate property rights to a level of constitutional scrutiny reserved for fundamental rights, such as the right to free speech and equal protection."
Property rights ARE protected by the constitution.
Another 'rewrite' by the socialists.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated"
The taking of personal property would be considered a 'seizure.'.
Hi TC -- my organization follows the judicial nominations process (www.fairjudiciary.com). My suggestion to check up on the status of this nomination would be to go to the Justice Dept website at www.usdoj.gov/olp and click on "judicial nominations" from the menu on the left side of the page. The status of the Myers nomination will be listed in that section.
Many thanks. I'll keep track of things there and at your organization's site. :-)
"inexperience"
At what ..?? A "solicitor" is a lawyer. This guy was a lawyer for an admin dept. I guess he would understand the law fairly well.
Besides, there is a lady on the SUPREME COURT who was never a judge before she was appointed to USSC.
Myers will be renominated when the Senate takes up filling Judicial vacancies. Nominations lapse when not voted on (as Myers wasn't since he was filibustered).
Besides, there is a lady on the SUPREME COURT who was never a judge before she was appointed to USSC.
As I said, I'm certainly no expert in these things. However, it seems to me that an apellate position would best be filled by someone with judicial experience. Aren't there any folks out there who are experienced judges and believe in a limited federal govt. a la Myer?
OTOH, I can see good reasons why getting someone with the fresh perspective of "being in the trenches" would be a plus.
The 9th Circuit is a rat hole - and a "fresh perspective" may be what that court needs.
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