Bush May Tap Brown for Supreme Court

MSNBC, NEWSWEEK ^ | 2-9-2003 | Daniel Klaidman, Debra Rosenberg and Tamara Lipper

[rdb3]

You know I'm loving her last name, right Mike? ;-)

T-minus 34 days until the birth of Tha SYNDICATE, the philosophical heir to William Lloyd Garrison.
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[rdb3]

Yeah, I read that.

But square this circle with her opinion on gun shows.

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[rdb3]

What about her opinion on banning gun shows?

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[Shooter 2.5]

She came out to support the gunshows because the local authorities didn't have power over the state legislature. It's too bad she didn't support the end of California's Assault Weapons Ban because the state doesn't have the power over the Federal Bill of Rights.

I think she might know the meaning of the word "infringed" but I think we could do better.

If she were to replace one of the libs on the court, she might be plus, but I don't think she's worth the risk.

[Double Tap]

That is quite easy. Her dissenting opinion was that the communities had exceeded their regulatory authority. She did not say that she thought gun shows could not be banned, just that the cities could not do it.

If the state had done it, it would have been interesting to see her opinion then. Since we don't have that, I will have to conclude that her opinion on guns and gun rights lies in her support of the assault weapons ban.

[RKV]

There is no right to keep and bear arms in the California constitution. Even so, the Bill of Rights is the supreme law of the land. Any judge who can interpret a power to infringe on any article in the US Constitution is by definition unworthy of their seat on the bench. IMO.

[Slehn]

I hope this is true. It will be wonderful to have a second conservative African-American on the court. Can't wait to see democrat reaction to her. The only thing that could make this better will be if she also happens to be lesbian!

[BenLurkin]

I have had one opportunity to observe the California Supreme Court first hand as they received oral argument on a number of cases. The court, including Brown mostly consists of very competent justices possessed of first rate intellects. My only reservation would be with the extent of her familiarity with Federal law.

[rdb3]

Since we don't have that, I will have to conclude that her opinion on guns and gun rights lies in her support of the assault weapons ban.

What's "easy" is the evidence of a simple mind that I'm seeing.

Since you do not like her take on assault rifles, you extrapolate to condemn her in her entirety.

Lastly, it could also be interpreted that her decision on gun shows could include both the right to keep and bear arms and the smiting of city ordinances which go beyond their purview. You see the one, ignore the other, but are fooling no one.

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[Shooter 2.5]

California has no provision on the Second Amendment.

The way the law has been interpreted for the last X amount of years, unless there is a ruling on the Federal Bill of Rights, the states have been able to do whatever they wish. Brown supports that point of view. Since she is taking a hard interpretation of law, she may be exactly what we need.

Personally, I don't know. I wish we could ask her a single question: Do you know how to read a simple sentence?

[Double Tap]

Read this from the California Constitution:

CALIFORNIA CONSTITUTION

ARTICLE 1 DECLARATION OF RIGHTS

SEC. 24. Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution.

In criminal cases the rights of a defendant to equal protection of the laws, to due process of law, to the assistance of counsel, to be personally present with counsel, to a speedy and public trial, to compel the attendance of witnesses, to confront the witnesses against him or her, to be free from unreasonable searches and seizures, to privacy, to not be compelled to be a witness against himself or herself, to not be placed twice in jeopardy for the same offense, and to not suffer the imposition of cruel or unusual punishment, shall be construed by the courts of this State in a manner consistent with the Constitution of the United States. This Constitution shall not be construed by the courts to afford greater rights to criminal defendants than those afforded by the Constitution of the United States, nor shall it be construed to afford greater rights to minors in juvenile proceedings on criminal causes than those afforded by the Constitution of the United States.

This declaration of rights may not be construed to impair or deny others retained by the people.

[eburke]

Um, Souter was from New Hampshire

[Double Tap]

Nice personal attack.

But it is quite obvious who is grasping at straws to support their opinion on Janice Brown.

You see nothing, imagine every thing, and ignore the obvious.

[Shooter 2.5]

This isn't about assault weapons, gunshows or Saturday night Specials. This is about trying to find out whether a future Supreme Court Justice can support the Bill of Rights.

If she can't do that, she should be inelegible.

The Second Amendment serves as that limus test.

[Brices Crossroads]

As a state Supreme Court Justice, her primary duty would be to interpret legislative enactments to determine whether they violate the state constitution. Frequently, federal courts will certify questions of state constitutional law to the state supreme court to determine the law of the state in certain cases.

I am pro-Second Amendment, but if the NRA believed that this weapons ban could be stricken based upon an infringement of the U S Constitution, I am certain they would have filed a parallel suit in federal court asserting the federal constitutional violation. I think it harsh to say she is unqualified based upon her refusal to cite the Second Amendment for the proposition that no state restrictions on guns are constitutional. If she were on the U.S. Supreme Court, she would seem to be receptive to a more absolutist Second Amendment position based upon her desire to be faithful to the text of the particular document (whether it be the State Constitution or the U.S. Constitution) before her.

That said, I know little about her, but I believe it is fair to give her a hearing before opposing her based on one opinion. Little was known about Clarence Thomas, and he has turned out to be a splendid Supreme Court Justice.

[Double Tap]

From what I have found in the above post, in 5 minutes, clearly shows that the California Constitution recognizes that the US Constitution Bill of Rights enumerates other rights of the people.

[Brian Allen]

<< Ah, yes, another "too much liberty isn't good for those peons" type. Sort of like Scalia I guess. Well its better than another Ruth. I miss Bork. How about putting him up again. >>

I miss him, too. Too bad my old boss didn't keep on sending him up until the senate got it Right!

[alnick]

She was also aghast when the majority allowed a judge to ban racial slurs in the workplace, saying they had frivolously brushed away free speech rights. "I can conceive no imprisonment so complete, no subjugation so absolute, no debasement so abject as the enslavement of the mind." -- In a relatively obscure antitrust case, she offered this reminder to her senior colleagues: "The quixotic desire to do good, be universally fair and make everybody happy is understandable. Indeed, the majority's zeal is more than a little endearing. There is only one problem with this approach. We are a court."

Oh, I like this lady.

[rdb3]

Personal attack? What's that saying about protesting too much?

No matter. You're not fooling anyone.

T-minus 34 days until the birth of Tha SYNDICATE, the philosophical heir to William Lloyd Garrison.
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