House looks at affirmative action judges (Possible Judicial Misconduct)

UPI | 7/02/02

[kattracks]

2002 (United Press International via COMTEX) -- House Judiciary Committee Chairman James Sensenbrenner Jr., R-Wis., wants to know how the judges who heard the appeal on the University of Michigan's affirmative action policy were chosen.

The 6th U.S. Circuit Court of Appeals upheld the University of Michigan law school's admissions policy, saying race can be a determining factor in determining whether a candidate will be admitted. The court said the school had a compelling interest to create a diverse student body, reversing a lower court decision. The case now is headed for the U.S. Supreme Court.

The committee confirmed Tuesday that Sensenbrenner sent a letter to Chief Appellate Judge Boyce Martin, seeking court documents to determine whether judicial misconduct was committed in the way judges were chosen to hear the case.

The decision was handed down May 14, amid allegations from one of the dissenting judges, Danny Boggs, that Martin delayed the case until two of the Republican-appointed judges who would have been part of the en banc panel had taken senior status.

"The participation of those judges (who went on senior status) on the panel could have reversed the outcome of the case," Sensenbrenner wrote in the letter, which demands the documents by July 12.

Another member of the panel, Judge Karen Nelson rejected Boggs' charges, stating in her concurring opinion that even if the case had been heard immediately, "the case would have been heard by the same en banc court that, in fact, heard it on Dec. 6, 2001."

Citing the appendix to Boggs' dissent, Sensenbrenner said it appeared Martin substituted himself for another judge, who should have been chosen randomly.

Sensenbrenner sent his letter June 26. Committee spokesman Jeff Lungren said the letter was one of several letters sent as part of the panel's oversight of the administrative functions of the courts.

"In light of the committee's jurisdiction ... I am compelled to review credible evidence of judicial misconduct," Sensenbrenner wrote. "Published judicial decisions, such as Judge Boggs' dissent, describing a failure to comply with the rules of the court, raise serious questions for this committee to consider."

Among the documents Sensenbrenner requested are the petition for the en banc hearing, the order deferring consideration and the order scheduling oral arguments. He also is seeking "all records referring or relating to any communications between you and the clerk regarding the case, including any records referring or relating to any decision about the handling of the case," along with any records of communications among members of the court.

Copyright 2002 by United Press International.

[ATOMIC_PUNK]

BuMp PiNg

[Grut]

The Party of Government never does anything that seriously challenges government power. This will go nowhere.

[Chu Gary]

It's amazing that one of the national media shill organizations would have the timerity to publish something that reeks of the TRUTH!

[stands2reason]

Boy, I hope something comes out about that joke ruling.

[First_Salute]

I have a compelling interest to have all the properties and assets of the judges; the community where I live needs the money; the judges do not; we've had our judges, here, take this decision and those judges there now must turn over to us all their belongings except their debts.

We have invoked the right of our judges, here, to exercise the "compelling interest" clause of the Constitution.

Case closed.

[edwin hubble]

UPI is not owned by a media conglomerate.

[MarkT]

Do not be alarmed, it was a total accident. The individual or individuals resposible for the publication are now (probably) looking for new jobs.

[rwfromkansas]

UPI isn't very bad, actually.

[edwin hubble]

UPI is owned by a corporation controlled by Rev. Moon of S. Korea. It is associated with NewsMax and Carl Limbacher.

Arnaud de Borchgrave, UPI chief executive officer (and member of the NewsMax board of directors) was the company's connection with News World. He was editor in chief of the Washington Times from 1985 to 1991.

Here is a link to a liberal site reporting the firing of Helen Thomas by UPI.

http://conwebwatch.tripod.com/ stories/2000/upi.html

[edwin hubble]

See my post #10 about the ownership of UPI.

[kattracks]

Thank you for the information, and the link.

[Reagan is King]

This was a funny part of that story:

---

Speaking of Helen Thomas, the Media Research Center took the opportunity of her resignation to brand her as a "legendary liberal." Their evidence:

-- She said something negative about Ronald Reagan.

-- She said something positive about Jimmy Carter and the Kennedy family.

-- She didn't ask President Clinton about the charges of alleged rape brought by Juanita Broaddrick.

The most damning "evidence," of course, is her Reagan remarks. Conservatives are not allowed to say anything negative about The Great Communicator, so when anyone offers analysis that dares to criticize any part of his presidency, it's obvious grounds for conservatives to hurl "liberal" around as a epithet. MRC can't be bothered to explain this nuance, though.

---

LOL, Helen Thomas has provided plenty of "evidence" of her liberalism over the years (eons?). Of course, I wouldn't expect a liberal writer to notice that...

[hobbes1]

Back Off. This isn't Trent Lott we're talking about. Sensenbrenner is much more principled....

[Michael.SF.]

Thanks for posting this. I just saw the same article now headlined on Newsmax. Some random thoughts on this:

Another example of how leftists are willing to circumvent the rules and legalities so as to obtain a favourable, or to effect, the outcome of a decision.

Since this was brought up by a Republican, in committee, the story will die. This will get no major play in any of the major newspapers.

This is a boring story (no sex, no death) to most of the population and that will be the excuse for not carrying the story.

The exposure of the corruption of Judges to influence the outcome of a case should be paramount in our concerns regarding a fair Judicial process, but it is not (thanks mostly to an assist from the media). Is corruption (influence peddling) based on ideology any less distasteful then corruption based on financial gain?

[Grut]

Sensenbrenner is much more principled....

'Principle' in politics is what you almost do.

[mhking]

Black conservative ping

If you want on (or off) of my black conservative ping list, please let me know via FREEPmail. (And no, you don't have to be black to be on the list!)

[eureka!]

Spot on. Case in point: Chief Judge Norma Hollaway Johnson and the DC District...

[mafree]

Interesting- we'll see if Sensenbrenner gets anywhere with this. Hope justice is served.

[Michael.SF.]

I must admit that I am not familiar with the facts pertaing to this Judge. Care to enlighten me (us?)?