Thursday, June 09, 2005


Confirmed: Janice Rogers Brown

The extreme left wing of the country is highly opposed to Janice Rogers Brown, who was confirmed to the D.C. Circuit Court today as Lee notes in his post. I have no idea why they are against her, but it's worthy to take note of the groups that oppose her, which you can find a full list of here.

Meanwhile, here's a list of quotes that the extremists are posting as some form of protest against Judge Brown. However, what they fail to realize is that these quotes make the case for why Judge Brown is perfect for the job:
Janice Rogers Brown On American Government:
Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible. [“A Whiter Shade of Pale,” Speech to Federalist Society (April 20. 2000)(“Federalist speech” at 8]

Janice Rogers Brown on the New Deal, the Great Society, and the “transmutation” of the Constitution:
In the last 100 years – and particularly the last 30 – the Constitution, once the fixed chart of our aspirations, has been demoted to the status of a bad chain novel. [IFJ speech at2]

Janice Rogers Brown on the proper “protection” of property
In the New Deal/Great Society era, a rule that was the polar opposite of the classical era of American law reigned...Protection of property was a major casualty of the Revolution of 1937…Rights were reordered and property acquired a second class status...It thus became government’s job not to protect property but, rather, to regulate and redistribute it. And, the epic proportions of the disaster which has befallen millions of people during the ensuing decades has not altered our fervent commitment to statism. [Federalist speech at 12, 13]

Janice Rogers Brown on the courts, law and the judiciary:
But, alas, the decisions of such [supreme] courts, including my own, seem ever more ad hoc and expedient, perilously adrift on the roiling seas of feckless photo-op compassion and political correctness. [IFJ speech at 15]

Janice Rogers Brown on strict judicial scrutiny for violations of fundamental constitutional rights and the incorporation doctrine:
[T]he courts overcame these alleged limitations on their powers with ridiculous ease. How? By constitutionalizing everything possible, finding constitutional rights which are nowhere mentioned in the Constitution. By taking a few words which are in the Constitution like “due process” and “equal protection” and imbuing them with elaborate and highly implausible etymologies; and by enunciating standards of constitutional review which are not standards at all but rather policy vetoes, i.e., strict scrutiny and the compelling state interest standard. [Libertarian speech at 7-8]

Janice Rogers Brown on democracy, capitalism, socialism, and “liberalism”:
In truth, liberalism’s vaunted tolerance and openness is a lie. In America, at least, liberalism is tolerant only of those concerns to which it is indifferent. To those trivialized forms of religious observance which amount to no more than a consumer preference, the culture maintains a posture of tolerance. [Speech to St. Thomas More Society (Oct. 15, 1998) at 8]

Janice Rogers Brown on the right of privacy vs. the “right to keep and bear arms”
Curiously, in the current dialectic, the right to keep and bear arms – a right expressly guaranteed by the Bill of Rights – is deemed less fundamental than implicit protections the court purports to find in the penumbras of other express provisions. (citations omitted) But surely, the right to preserve one’s life is at least as fundamental as the right to preserve one’s privacy. [Concurring opinion in Kasler, 2 P.3d at 602]

If I was to judge (no pun intended) Judge Brown on those quotes alone, a tactic that many people use when siding with a politician, she would score an A-minus on her report card. I believe that she has the independence required to sit as a Circuit Coast judge, a job that does not mean you get to be an activist and change the nation to how you see fit. Instead, a Circuit Coast judge fairly weighs the legal issues of a case in comparison to the laws of the land, most of the time being Constitutional in nature.

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