7.01.2005

sandra day o'connor breaks good golly's heart

O'Connor retires The best Supreme Court blog is by far www.scotusblog.com That's where most of the below is shamelessly cribbed from.

Possible replacements for Sandy? Let's do a short list of dismal prospects

  • Judith Hollan Jones Judge Jones currently serves on the U.S. Court of Appeals for the Fifth Circuit. Prior to her nomination to the Fifth Circuit by President Ronald Reagan, Judge Jones was a lawyer in private practice with Andrews & Kurth of Houston (1974-85).

    She once commented during oral arguments in Waltman v. International Paper involving female plaintiff who had complained of a hostile work environment that included verbal and physical inappropriateness, that the behavior of a man who had pinched the woman?s breast was not so objectionable because he had subsequently apologized and at least she hadn't been raped.

  • If Janice Brown takes the bench, you can say goodbye to the New Deal:

    "I have argued that collectivism was (and is) fundamentally incompatible with the vision that undergirded this country’s founding. The New Deal, however, inoculated the federal Constitution with a kind of underground collectivist mentality. The Constitution itself was transmuted into a significantly different document...1937...marks the triumph of our own socialist revolution...Politically, the belief in human perfectibility is another way of asserting that differences between the few and the many can, over time, be erased. That creed is a critical philosophical proposition underlying the New Deal. What is extraordinary is the way that thesis infiltrated and effected American constitutionalism over the next three-quarters of a century. Its effect was not simply to repudiate, both philosophically and in legal doctrine, the framers’ conception of humanity, but to cut away the very ground on which the Constitution rests... In the New Deal/Great Society era, a rule that was the polar opposite of the classical era of American law reigned" [Federalist speech at 8, 10, 11, 12]

    More on Ms. Brown here and here .

    The others are only worse. Edith Brown Clement currently serves on the 5th Circuit -- a court whose decisions are continually rebuked by SCOTUS for being

    1. crazy
    2. unconstitutional
    3. nasty

    Others on my radar are J. Harvie Wilkinson III and (prepare to gasp in horror) Mr. Alberto Gonzales himself.

    As a friend just pointed out in an email, as Spain (a majority Catholic nation) legalizes gay marriage , we prepare to outlaw abortion.

    Grand.
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