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A lynch mob gathers (Thomas Sowell)
Townhall ^ | October 21, 2003 | Thomas Sowell

Posted on 10/20/2003 9:36:25 PM PDT by nickcarraway

The nomination of Justice Janice Rogers Brown of the California Supreme Court to become a federal Court of Appeals judge has brought out vicious special interest groups with their long knives -- and a long record of smears and character-assassination, going back to the campaign of wholesale misrepresentations that defeated the nomination of Judge Robert Bork in 1987.

Leading the charge against Justice Brown, as it did against Judge Bork 16 years ago, is the grossly misnamed organization "People for the American Way." This is a far-left group with only contempt for American traditions and culture. They want judges who will dismantle the Constitution of the United States for the sake of current left-wing fashions like racial quotas and unlimited abortions.

They obviously think that the pious words in their name will conceal the brutal realities of what they are and what they do.

Judges who believe that their job is to uphold the Constitution, instead of replacing it with left-wing social engineering, are anathema to "People for the American Way." That they are spearheading the character assassination of Justice Janice Rogers Brown is completely predictable.

Because Justice Brown is black and conservative, she is being denounced as "another Clarence Thomas." Like Clarence Thomas, she is also being denounced as "unqualified" by people who have never read a word she wrote. Anyone who does read Justice Brown's opinions will discover a wealth of knowledge, a command of logic and an unflinching honesty about the law and about some efforts of her colleagues to compromise legal principles.

"Error," Justice Brown said in one dissent, "does not improve with repetition. The third time is not the charm." In another dissent, this time in a child-custody case, Justice Brown said: "Today's decision maximizes the self-interest and personal convenience of parents, but poorly serves the state's children who deserve as much stability and security as legal process can provide."

What the left-wing can never forgive her for is upholding the right of California voters to ban racial quotas. More than four and a half million Californians voted for Proposition 209, which outlawed group preferences and quotas. But liberals wanted the state Supreme Court to over-rule the voters. Janice Rogers Brown refused and instead wrote the majority opinion upholding the voters' right to make the laws under which they live.

In the country at large, the real issue behind all the sound and fury is that special interest groups like "People for the American Way" want judges to impose items in the left-wing agenda that cannot be imposed through the democratic process.

Nowhere in this country are racial quotas likely to get voter support. But such quotas exist because elected officials do not have to risk their careers by voting for quotas because they can leave that to judges.

That includes not only liberal judges but also weak-kneed "conservative" judges like Justices Sandra Day O'Connor and Anthony Kennedy, who on issue after issue tend to split the difference and go along to get along.

What really scares the left about Janice Rogers Brown is that she has guts as well as brains. They haven't been able to get her to weaken or to waver. Character assassination is all that the left has left.

Look to see Justice Brown portrayed as evil incarnate and a threat to the republic. Already the character assassins are throwing around words like "extremist" and a conservative "activist." The truth has not cramped their style in the past and is unlikely to do so during the current confirmation hearings.

The real question is whether the administration that nominated Justice Brown will mount a serious counter-attack or leave her out there, twisting in the wind, the way it did with Miguel Estrada and its other judicial nominees.

Have you seen anything by anybody, anywhere, defending Janice Rogers Brown? The attackers have been mobilizing for months but there is very little sign that those who nominated Justice Brown have made any timely efforts to mobilize counter forces.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Extended News; Government; Miscellaneous; News/Current Events; Philosophy; Politics/Elections; US: California; US: District of Columbia
KEYWORDS: affirmativeaction; conservative; courts; janicerogersbrown; judges; leftism; scotuslist; thomassowell; thomassowelllist
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1 posted on 10/20/2003 9:36:26 PM PDT by nickcarraway
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To: nickcarraway
Wonder if Frist and Co. will *finally* get serious about breaking a filibuster. I'm hoping they've just been waiting for a "diverse list" to us as P.R. to present to the American public -- Hispanic, black woman, white woman, etc. I'm going to be discouraged beyond words if they let Rogers go down without a fight too.

Thanks for posting this, I always enjoy Dr. Sowell.
2 posted on 10/20/2003 9:40:38 PM PDT by GOPrincess
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To: GOPrincess
At the very least, the Republican weenies could defend her. After all, we know exactly what democrats would say.

"This is a high-tech lynching."

Somehow, the mealy-mouthed Washington Republicans have an aversion to strong language.

3 posted on 10/20/2003 10:07:47 PM PDT by Reactionary
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To: GOPrincess
My guess is that the real weakness is in the Republican Conference. There are some RINOS who only pretend to be against a filibuster.
4 posted on 10/20/2003 10:13:54 PM PDT by RobbyS (CHIRHO)
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Comment #5 Removed by Moderator

Comment #6 Removed by Moderator

To: seamole
Nope. We can't have a conservative black woman on the federal bench. See that would NOT be progressive or pro civil rights. It can't be countenanced.
7 posted on 10/20/2003 10:50:16 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Reactionary
"After all, we know exactly what democrats would say.
"This is a high-tech lynching.""

HUH?
That's what Clarence Thomas said - I never knew he was a Democrat - learn something new everyday.

Thomas described himself as the "victim" of a "high-tech lynching."
Hero of the Day - Clarence Thomas

8 posted on 10/20/2003 10:59:10 PM PDT by FormerlyAnotherLurker
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To: StarFan; Dutchy; alisasny; Black Agnes; BobFromNJ; BUNNY2003; Cacique; Clemenza; Coleus; DKNY; ...
ping!

Please FReepmail me if you want on or off my infrequent ‘miscellaneous’ ping list.

9 posted on 10/20/2003 11:01:49 PM PDT by nutmeg (Rush Limbaugh: The Voice of Sanity during 8 years of the Clinton Reign of Terror)
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To: GOPrincess
I'm going to be discouraged beyond words if they let Rogers go down without a fight too.

Yes, but will you be surprised?

10 posted on 10/21/2003 3:42:40 AM PDT by workerbee
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To: FormerlyAnotherLurker
He actually said this is a high tech lynching for uppity blacks
11 posted on 10/21/2003 3:42:54 AM PDT by Warrior Nurse (Black, white or hispanic the jihadists are trying to kill us all, you better recognize!)
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To: nickcarraway; nutmeg
In the country at large, the real issue behind all the sound and fury is that special interest groups like "People for the American Way" want judges to impose items in the left-wing agenda that cannot be imposed through the democratic process.

Or as Rush put it in number 26 of his "Second Edition - 35 Undeniable Truths of Life "Liberals attempt through judicial activism what they cannot win at the ballot box."

Also, to all PA FReepers, remember, if Snarlin' Arlen Specter wins the Republican primary, and gets re-elected, he will Chair the Senate Judiciary Committee. This would give the Liberals exactly what they want.

We can do better! Vote Pat Toomey for U.S. Senate.

12 posted on 10/21/2003 3:57:33 AM PDT by cuz_it_aint_their_money (Specter named “Worst Republican Senator” by National Review’s J.J. Miller. Vote for Toomey!)
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To: nickcarraway
Hopefully the anti-Christian - anti-God senators will get sent packing in the next election.

Voting these "commies" out of office is what "Christians" and those who stand "FOR" the Constitution have a duty to do.

SEND a message for the rest who are not up for election that they cannot keep their positions of "POWER" if they will not follow the Constitution.
13 posted on 10/21/2003 4:15:17 AM PDT by Just mythoughts
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To: Just mythoughts
I think it's high time we took on Ralph Neas and his "People for the (Un)American Way". That this unelected group of radicals has such a strangle hold on the Senate is a disgrace. We need to flood the so-called Republicans in the Senate AND the Administration that we're MAD AS HELL AND WE'RE NOT GOING TO TAKE IT ANYMORE. And we need to start fighting Ralph and his group like street fighters - the dirtier the better - that's all they understand.
14 posted on 10/21/2003 4:38:30 AM PDT by Elkiejg
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To: Trueblackman
Time for another visit to PFAW's offices?
15 posted on 10/21/2003 5:02:28 AM PDT by sauropod (Fry Mumia!)
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To: Elkiejg
Sometimes we conservatives do not out-fox these that set about to pick apart the Constitution.

Like the "UNDER GOD" in the Pledge. Now Scalia, being rightfully outraged with the 9th Circus decision, spoke publicly about it, thus now having to rescue himself from the case. So unless it is determined because the nut that brought the suit, in his daughter's name, doesn't have her in his custody, the suit gets thrown out then in all likelyhood that decision of the 9th Circus will stand.

Then we have old "HATCH" the best friend of old "TEDDY" going off in a wild tangent to change the requirement for non-born citizens to become president.

Somehow even the best and brightest among us keep putting their foots in their mouths and leave the "door" open for the "Mob gathers" to continue to dismantle that oh so precious document.

They take an oath to protect and defend that document and some of them can't keep that in focus.
16 posted on 10/21/2003 5:52:43 AM PDT by Just mythoughts
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To: nickcarraway
She sounds like a "keeper" to me. I hope the Senate pubbies stand up like men and get her approved.
17 posted on 10/21/2003 6:42:08 AM PDT by tioga
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To: nickcarraway
Have you seen anything by anybody, anywhere, defending Janice Rogers Brown?

Nope.

It looks as if the bigots are getting set to easily carry the day, once again.

It must be frustrating to be in the majority when these pesky things constantly get in the way of your tee time.

18 posted on 10/21/2003 7:34:28 AM PDT by Gritty
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To: nickcarraway
Considering that Rove had a key role in picking Frist, I'm beginning to see this kind of nomination as a cynical ploy, tossing a bone to conservatives, with all the meat already picked clean.

We've had nearly four years of a Republican president, and nothing substantial has been done about the judiciary. At this rate, all we'll get is a pack of hungry Souters.

19 posted on 10/21/2003 8:46:21 AM PDT by Carry_Okie
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To: nickcarraway
Brown is a tough cookie. She's gonna make mincemeat of the Dems when they try messing with her. Not a snowball's chance in hell her confirmation will be derailed.
20 posted on 10/21/2003 9:31:55 AM PDT by Sandy
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