VOL. LIV, NO. 47
California State University, Long Beach November 19, 2003
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. News  
 

Irregular appointments

Jason Garthoffner

Last week the Senate held a 40-hour talk-a-thon in a Republican effort to convince the Democrats to stop blocking President Bush's judicial appointments. A couple of the nominees, Janice Rogers Brown and Priscilla Owens, have been accused of the apparent crime of being conservative.

This use of the filibuster of judicial nominations on purely partisan grounds is unprecedented in the country's history. The motivation for Democrat's use of this is the nominees are "out of the mainstream" of American thought.

Priscilla Owen's mortal sin as a justice in the Texas Supreme Court was upholding laws requiring parental notification of minors that get abortions.

A smoking gun the New York Times cites against Janice Rogers Brown is a statement she said in a speech (not while on the bench), that Franklin Roosevelt's New Deal legislation was "the triumph of our socialist revolution."

How silly of her to think that unprecedented programs like Social Security, which take money from people and redistribute it to others, is socialism (it is).

On a side note: When the Supreme Court ruled FDR's New Deal legislation unconstitutional he threatened legislation allowing for more justices on the Supreme Court. That way he could "pack" the court with liberal activists that would allow the legislation, the law became unnecessary because the threat of losing power caused the court to give in to the New Deal. The correct way to go about it would've been a constitutional amendment. Apparently, subverting the Constitution is in the mainstream.

Meanwhile Judge "out of mainstream" Brown has written more majority opinions than anyone else on the California Supreme Court.

So exactly what kind of judges do liberals suggest Bush appoint? If ruling that minors should be held accountable to their parents, and calling socialist programs socialism is "out of the mainstream," then what is? Are the following judges considered "in the mainstream?"

Clinton appointed Judge Richard Paez, struck down a Los Angeles law prohibiting homeless people from begging at specified public places, such as in front of ATM's. The law was in response to a man being stabbed to death by a homeless beggar who was refused money. Paez said the law violated first amendment free speech.

Another Clinton appointee, Judge Robert Henry, deemed it cruel and unusual punishment that sex change hormone therapy is denied a transsexual prisoner.

Yet another Clinton appointed Judge Rosemary Barkett ruled a Georgia law requiring anyone running for political office to be drug tested would "ensure that only candidates with a certain point of view qualify for public office." Thus, she found the law in violation of free speech under the first amendment.

One Clinton nomination (hey, is anyone seeing a pattern here?), Frederica A. Massiah-Jackson, is one that thankfully never saw confirmation. Massiah-Jackson once gave a convicted rapist of a 10 year-old girl the statutory minimum. She then apologized to the rapist for giving even that much. The five year prison term worked on the rapist so well that upon release he was arrested again for raping a nine year-old boy.

In addition to this, Massiah-Jackson swore at attorneys in her courtroom, and had a large number of criminal cases overturned. She even outed undercover cops in front of criminal defendants.

Coming under fire by the Senate Judiciary Committee for her record she subsequently withdrew her name from the nomination. Of course, it would be silly to suggest her record of spectacular incompetence had anything to do with it, and the criticisms were totally partisan ones.

So we're all on the same page, if liberals ran the world, the following would be considered "in the mainstream" of American thought: Convicting a rapist is a horrendous thing to do, but a state funded sex change for prisoners (and anyone else) is just super.

Outing undercover cops and swearing at attorneys is exactly the kind of professionalism liberals are looking for in federal judges.

Taking drugs is free speech. Being conservative is not free speech. Begging for money is free speech. Passing out flyers with naked black men is not free speech. Passing out flyers with naked white men is free speech.

Keep in mind the above criteria for what liberals consider "mainstream" the next time Democrats snivel about one of Bush's nominees being not being part of it.

Jason Garthoffner is an art major at Cal State Long Beach and can be reached at JasD1899@aol.com.

 


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