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Once upon a Time with Senator Kennedy
Posted by: Jon Henke on Saturday, July 02, 2005

Once upon a time...
"It is offensive to suggest that a potential justice of the Supreme Court must pass some presumed test of judicial philosophy. It is even more offensive to suggest that a potential justice must pass the litmus test of any single-issue interest group. The disturbing tactics of division and distortion and discrimination practiced by the extremists of the new right have no place in these hearings and no place in the nation's democracy." — Senator Kennedy, during Sandra Day O'Connor's 1981 confirmation hearings
Today, that won't be the case, as "battle lines [are] forming in anticipation of a summer confirmation struggle in the Senate -judicial philosophy, not gender, the key factor among outside groups as well as lawmakers."

Sadly, Ted "offensive to suggest that a potential justice of the Supreme Court must pass some presumed test of judicial philosophy" Kennedy is leading the charge...

  • Judge William G Myers has "a troubling legal philosophy";

  • Judge Janice Rogers Brown's "judicial philosophy is outside the mainstream";

  • ...and today, Senator Ted "even more offensive to suggest that a potential justice must pass the litmus test of any single-issue interest group" Kennedy claims that "there's going to be an additional test" for Bush-appointed judges..."a commitment to the core values of the Constitution. And the core values of the Constitution now include ... a woman's right to choose".


All that stuff Senator Kennedy used to say about the "disturbing tactics of division and distortion and discrimination practiced by the extremists of the new right", which "have no place in these hearings and no place in the nation's democracy"?

He was just kidding. Apparently.
 
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Previous Comments to this Post 

Comments
Yup. The divided court decisions that come out of the Rehnquist supremes has done a lot to hurt lawyers all over the place. Like so much wrecked baggage. You don’t think so? How come today’s juries are no longer identifying with the prosecution? How come you see it in the big cases; where the publicity is the strongest. And, the outcomes of NOT GUILTY across the board, tends to ring loud and clear.

Yup. Except for poor ole’ Martha Stewart. Who hired one of her country club cronies. And, she lost because of lousy lawyering. Blonds just don’t get to have "more fun," they also get to face enraged non-blonds, too.

But that has nothing to do with the current divided court. And, what happens when you look at their opinions. And, you realize they’re just out of touch with mainstream America.

If Bush wasn’t pummelled by his recent poll drop; which he retrieved only after he spoke to the Americans, yet again, about staying the course in Iraq ... what did it teach you about the right wing agenda? If you think the answer is that it remains successful, I don’t agree.

I think, up ahead, Bush’s best bets are to put in Bolton, by appointment, at the UN. (Will he hold off until the fight to confirm O’Connor’s replacement takes place?) Why O? Why O?

Gonzales is the best bet, overall, to be his pick. Because it can solidify the hispanic vote. Votes draining away from the democrats are really in play, here. So, I am curious to see what Bush does now.

After that? I’m all for Posner, or even Ted Olsen, to lead a new generation of Supreme Court justices out of the woodshed. But we shall see?
 
Written By: Carol Herman
URL: http://
Gonzales would be an absolutely horrible pick. He simply rubber-stamps the power of the state. We already have too many justices who employ that philosophy.

I would like nothing more than to see Janice Rodgers Brown or Albert Kozinski on the SCOTUS. I’ll settle for Emilio Garza.
 
Written By: oblomov
URL: http://
The Ted Kennedy of 1981 still thought he had a chance to be President. The Kennedy you hear today is the real Ted Kennedy.
 
Written By: Brian
URL: http://
Don’t read anything into Kennedy’s comments beyond naked partisanship.

His party’s right to appoint is unfettered - hence ’litmus tests’ are repugnant ... when Democrats are nominating.

Bottom line - to Kennedy, the idea of Republicans nominating Judges is fundamentally illegitimate, and therefore their nominees are subject to his veto.
 
Written By: BD
URL: http://
BD: Actually, O’Conner was appointed by Reagan, and in 1981, when the Republican party controlled the Senate, albiet narrowly.

Your observation of Kennedy’s partisanship is generally right, however. Reagan picked O’Conner because had promised during the 1980 campaign to nominate a woman to the Supreme Court, and O’Conner was the closest to a conservative jurist he could find (unlike today, there was a pretty thin bench for female judicial nominees at the time). If I recall correctly, there was a fair amount of grumbling from the right that O’Conner would uphold Roe v. Wade (which she eventually did), and many liberals were concerned that, if her nominee was derailed by Republicans, that her replacement nominee would be more conservative.
 
Written By: Sean P
URL: http://
Lots of fun out here in the right-wing echo machine where you all just repeat the same sh-t you hear on instapundit, Captain’s Quarter’s etc. . . . Albert Kozinski is a great judge. Note to wingnut, it’s Alex Kozinski. And btw, it’s obvious not just from that mistake that you have no clue what you are talking about. Garza and Brown are rightwing hacks who would, just like Gonzales, defer completely to the state—especially Garza. But you obviously have no clue what you are talking about—ALBERT Kozinski. Albert, such a common Hungarian name. Read Insty closer next time.
 
Written By: liberal
URL: http://
Hey ’liberal’ how come we call revolting socialist trash that these days? Why can’t you just be referred to as what you are?
 
Written By: Amos
URL: http://
Gee Amos, that’s some analysis. Considering that you know nothing of my views re the government’s role in distribution of wealth, or my views on private property, etc.,, I don’t see how you can call me a socialist. In fact, as it turns out, I am a capitalist pig who makes quite a bit of money working my ass off, and I am proud of it. Sorry, I happen to know the names of judges—only socialists know things like that.

Hmm, why don’t I just call you a Nazi? That’s probably the comback you would suspect.
 
Written By: liberal
URL: http://
liberal:

Because if you call him a nazi, by definition you lose. So don’t.

Instead, why not explain why you think Gonzales would be a rubber stamp right wing hack (like with facts and such). You can be liberal AND accurate, both at the same time. You just proved that you can get names right. Who knows, you might not even be a pig. Then again, maybe you were right.

By the way, I think I am Liberal (classical sense) but am labeled a conservative. Inversion.
 
Written By: Whiskey Mike
URL: http://
Liberal says
Lots of fun out here in the right-wing echo machine
and then says
you know nothing of my views re the government’s role in distribution of wealth, or my views on private property, etc.
Um...do you realize how foolish these two comments look in relation to each other? If not, then you should read this blog a little more.
 
Written By: JWG
URL: http://www.qando.net
Forget the dead vote for Ted! A blonde in every pond!
 
Written By: McQ2
URL: http://nukethebabywhales.gov
It is incongruous to hear Ted speak of integrity. He wouldn’t know it if it slapped him in the face, and obviously Jim O’Sullivan doesn’t either, calling ,the leaving a young lady in the bottom of a lake untill you get a story made up. 24 hours, a " monor error." It should have been called homicide.

They need to stop the circus and confirm Alito. I sincerely hope that when they do he doesn’t forget that den of snakes.
They (dems) are really showing what they are about, even the Democrats are sick of them.
 
Written By: betty
URL: http://

 
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