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"You shoot an arrow into a far-distant future when you appoint a justice, and not the man himself can tell you what he will think about some of the problems that he will face." - Alexander Bickel
"We cannot ask a man what he will do [on the Court], and if we should, and he should answer us, we should despise him for it. Therefore, we must take a man whose opinions are known." - Abraham Lincoln
BREAKING NEWS: According to this CNN story, California Supreme Court Justice Janice Rogers Brown has been confirmed to the District of Columbia Court of Appeals. Congratulations, Judge Brown!
(Hat tip: Professor Orin Kerr.)
posted by Pozinski | 7:17 PM
3 Comments:
Janice Brown is a judicial activist of the so-called Constituion-in-Exile school.
Based on a radical reading of property by libertarian Richard Epstein of U. Chicago, and a wistful reading of the Constitution by Douglas Ginsberg, these judges seek to sweep away the human rights, civil rights, and environmental protections of the lst 70 years.
Here's an article from the NY Times magazine on Epstein's reading.
http://www.theocracywatch.org/
constitution_in_exile_times_apr17_
05htm
Brown and other such judges who have silently crept into the Federal Judiciary have made their inclinations felt from the bench and already influence our body of law to their preference.
Here is a link to a short talk by Janice Brown to the Federalist Society of Chicago with a running commentary by a progressive.
It's short and entertaining, I promise.
http://www.kieranhealy.org/blog/
archives/001102.html
After you've read it, I think you'll have to ask yourself how much we really want judges of her ilk in the Federal Judiciary.
Yet the White House has continued the appointment of these extremely activist judges to the bench on the grounds that they are conservative strict constitutionalists who don't "legislate from the bench."
Here's a link to a good article on the next SCOTUS nominee from the American Constitution Society.
http://www.acsblog.org/judicial-nominations-1482-the-constitution-in-exile.html
Libertarianism is about to overtake the country without having ever won an election.
The mainstream legal profession has been deprived of central influence.
How was this accomplished? So far as I know, mainly through the shadowy Federalist Society, with about 35,000 members which locates next to law schools and for the last 30 years has been converting promising students and faculty.
Other writers may know more.
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