One-Sided 'Balance'

Wall Street Journal Opinion ^ | 9-28-05 | Manual Miranda

[joyspring777]

As soon as Justice Sandra Day O'Connor announced her retirement in June, Democrats called on the president to name a moderate "consensus" replacement that would preserve the balance of the court. Now they are at it again.

By her voting record, Justice O'Connor was toe to toe with the late Chief Justice William Rehnquist 80% of the time, but where she parted with him, on key social issues such as Roe v Wade, is exactly where politically-minded Americans draw the battle lines. So naturally she has become the judicious voice of moderation for liberals. The president probably should have left John Roberts as Justice O'Connor's replacement. Unfortunately, we now have to hear Democrats and Judiciary Committee chairman Arlen Specter make calls for balance.

But in the second round of replacing Justice O'Connor, liberals have adapted and added a second tactic. As I wrote in a previous column, Democrats, having neither a majority nor a viable filibuster threat, are launching a targeted pre-emptive strike by naming the potential nominees they will fight against. Coincidentally these are the only potential nominees that conservatives will likely lift a finger to fight for.

The left's main target is the jurist liberals know is the president's ultimate Katrina exit strategy, Judge Janice Rogers Brown. Although at her hearing she was a model of grace and intellect and she wrote more majority opinions than any of her colleagues on the California Supreme Court, liberals paint Brown as "unrelenting" and a "lightning rod." Her critics say that she has not been on the federal appellate court very long, even though she has now been on as long as David Souter had been when he was elevated, and she would have had more than two years' experience had Democrats not filibustered her nomination.

[joyspring777]

Straight stuff that is true to the point!

[FlipWilson]

Brown would be the perfect nominee and the left knows it. That is why they are scared of her.

The dems would have to smear another minority appointee, something very undesirable to them. Moreover, they can't object to her as constituting "extraordinary circumstances" since she was part of the deal whereby she was deemed not to be such. Finally, the issue where dems think she is a lightening rod is pertinent to the Kelo case. Imagine that, the dems being put in a position where they not only defend the ruling in the Kelo case, but espouse it.

[joyspring777]

They are painted into a corner with her...that is for sure.
That being the case...let us not shrink back from burying the opposition!

Let's play hardball!!! Throw Deep!!! Bury the puck in the Net!!!

[jmboyer1]

Ok, here's your answer----one of the most fantastic candidates you could imagine, Viet Dinh. Check out the links----he's the next John Roberts in the future!!!

http://www.leadingauthorities.com/20767/Viet_Dinh.htm
http://www.usdoj.gov/olp/vietdinh.htm
http://www.asianam.org/viet%20dinh.htm
http://www.nndb.com/people/273/000044141/

[joyspring777]

It is a little bit much to believe that someone NOT BORN in the USA could be elevated to the Supreme Court!

I don't believe the public is ready for this at all. I am not. The Dems would howl, and Bush would not take the risk, no matter how excellent he is. Maybe his son someday!

No racism, but for the same reason the USA has not elected a woman president yet.

Though I am hoping Condi Rice breaks the ceiling in 2008!

[Plutarch]

Judge Brown:

[joyspring777]

Crafted Patriot Act

Dinh was the chief architect of the USA Patriot Act, the legislation approved by Congress in the wake of the Sept. 11 attacks that gives law enforcement agencies vastly expanded powers to track terror suspects.


This is problematic on many fronts!!! The USA Patriot Act is not looked upon with great wonder and pride, but great concern and negative regard.