Berkeley CSUA MOTD:Entry 11059
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2025/07/09 [General] UID:1000 Activity:popular
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2003/11/13-14 [Politics/Domestic/California, Politics/Domestic/President/Bush] UID:11059 Activity:high
11/13   Does anyone have any information on these 4 judicial court nominees?
        \_ sure.  what do you want to know, unless you're being
           a troll I have decided
           Pickering is not completely totally evil. - danh
           \_ Any urls on Pickering?
              \_ here's one from the Village Voice where Pickering
                 does something that I would consider way out of character
                 for a member of the Federalist Society:
                 http://www.villagevoice.com/issues/0345/hentoff.php - danh
        \_ how about the 63 the little republican bitches blocked during
           the Clinton years?   168 nominees have been passed.  this is
           absurd.
           \_ Were they passed from committee to the floor?  Were they voted up
              or down?
              \_ See, these are things you could verify for yourself, but
                 instead you swallow the GOP claims whole and try to pick
                 apart statements to the contrary.  in '99-00 60% of the
                 Clinton nominees to appeals court did not receive the
                 "up or down vote" that the GOP is whining about now.
                 \_ What was the decision of the judicial committee?  The
                    current committee can't send them to the floor for a vote
                    because of the filibuster threats, even if the committee
                    chose to.
                    \_ What a strange topsy-turvy Alice-In-Wonderland view
                       of reality.
                       \_ How so?  You're simply ignorant of how our federal
                          government works.  It is standard practice to
                          not bring up anything for a vote until it is known
                          that there is support for it to pass.  Where "it"
                          is any bills, nomination, or anything else.  It is
                          very rare for a bill to be voted on without everyone
                          knowing in advance that it will be passed.
                          \_ The Republicans who controlled the committee
                             refused to even hear the nominees:
                             http://leahy.senate.gov/press/200307/070903.html
                             \_ Which has nothing to do with the current issue
                                about whether the above person has an alice
                                in wonderland view or not.
        \_ The NAACP on Carolyn Kuhl:
           http://www.naacp.org/work/washington_bureau/Kuhl081303.shtml
           People for the American Way on Caroline Kuhl:
           http://www.pfaw.org/pfaw/general/default.aspx?oid=9734
           The NAACP on Priscilla Owen:
           http://www.naacp.org/work/washington_bureau/PriscillaOwen.pdf
           The Independent Judiciary on Priscilla Owen:
           link:csua.org/u/4zp (PDF)
           \_ The National Assocation For The Advancement of Left Wing
              Colored People?
              \_ For a strict constructionist, you take a lot of liberties
                 in adding a letter to that acronym.
                 \_ Just calling it like I see it.  Why is an .org that says
                    it is for the advancement of black people opposed to a
                    black person advancing?  Only because she's not left wing.
                    I take no liberties.
                    \_ Bzzt.  Because she's against the advancement of
                       colored people when those colored people are not her.
                       You can't promote an Uncle Tom and then say you're
                       advancing the cause of black people.
                       \_ You don't know shit about her background, do you?
                          Come back after reading her bio.   I'm not going to
                          spoon feed you the reader's digest version.
        \_ My fiancee is an attorney, has appeared in front of Judge Kuhl,
           and thinks she's pretty much horrible ... ideology aside (she's
           very right wing), my fiancee felt she doesn't follow the law.
           \_ Very few judges follow the law and there's little recourse
              in most cases starting from small claims and family court all
              the way up.  A judge "not following the law" is hardly a
              reason to not promote a judge in this country.  If that was the
              standard we'd have to start all over.  Your fiancee is rather
              naive for a lawyer.  She must be quite young.  Don't worry,
              though, she'll be corrupt and bitter soon enough.
              \_ There's following the letter of the law and following the
                 spirit of the law, and then there's not following the law
                 at all.  The first two are highly debated, but the third is
                 universally recognised as being wrong.  Kuhl has a tendency
                 to go with her personal belief even when they conflict with
                 the latter _and_ spirit of the law.
                 \_ There's no difference between a judge following what they
                    decide is the spirit of the law and doing whatever the
                    hell they please.  They're either following the law or not
                    and as soon as it's ok to do something other than strictly
                    adhere to the law as written, the show is over, anything
                    goes.  It is intellectually dishonest to claim you want
                    judges to follow the law, kind of, sort of, sometimes.
                    \_ Thank you, strict constructionist.  According to your
                       view of the law, it is illegal to wink at an
                       unacquainted female in Ottumwa, Iowa, and anyone
                       caught doing so must be prosecuted to the full extent
                       of the law, despite the fact that modern morality
                       significantly differs from the morality prevalent at
                       the time the legislation was enacted.  The purpose of
                       the judicial branch is to add the element of human
                       wisdom to the process of the law.  Without loose
                       interpretation, the law is merely code, and the
                       executive branch has all the power.
                       \_ No, enforcement and the decision to prosecute lay
                          this other person we call "the prosecutor".  In some
                          places we call this person "the district attorney".
                          Yes, this will be on your Basic Civics 1A quiz at
                          the end of the week.
           \_ Following the law is secondary.  Bush appointees must be
              ideologically pure.  The right-wing is terrified of another
              Souter.
              \_ No we just want judges to follow the law.  So you attack us
                 for being strict constructionists and then you attack us for
                 not wanting to follow the law at all.  You can't get it both
                 ways without looking like an idiot.
                 \_ Like Roy Moore, right: that conservative who was just
                    removed from the Alabama Supreme Court for acting like
                    an Anarchist?
                    \_ try upholding Alabama Constitution, which mentions
                       God.  They take on oath.
                       \_ He also has to uphold the U.S. Constitution, and the
                          U.S. Constitution takes precedence over state ones.
                          \_ Where in the USC does it say he can't have the
                             10 commandments in a public space?  I'm a
                             strict atheist (none of that agnostic weenie
                             stuff for me) and I've got no problem with it.
                             The USC says no such thing.  In God We Trust.
                             \_ He was ordered by a higher court to remove
                                it and refused to. That is not called
                                enforcing the law, that is called breaking it.
                                \_ Uh oh, looks like a debate bait n switch!
                                   So you agree the USC doesn't say any such
                                   thing.  Now let's address your new point.
                                   He has the right to refuse.  He has the
                                   right to appeal.  He has the right to
                                   protest and engage in an act of civil
                                   disobedience.  This is still a free
                                   country.  The word of a higher court, even
                                   the highest court is not always the
                                   correct decision.  He has the right to say
                                   no and suffer the legal, political, and
                                   career consequences of his protest and
                                   has bravely chosen to do so.  I'm stunned
                                   that you'd come on here and say that just
                                   because a court said something that it is
                                   automatically 'good' and he should blindly
                                   obey.  I'd scream "fascist!" but I don't
                                   think you really understood or believed
                                   what you were saying above.
                                   \_ You claim that you want judges that
                                      follow the law, then in the next
                                      statement, claim that judges have
                                      the "right" to engage in civil
                                      disobedience??? The USC clearly
                                      states that the Federal Governemnt
                                      is sovereign over the states. Look
                                      at the statement "the US Constitution
                                      takes precedent over state ones" and
                                      you will see that it is you that keeps
                                      trying to change the subject away from
                                      judicial responsibilty to obey and
                                      enforce the law. I'd scream "hypocrite"
                                      but I don't think you'd really
                                      understand what the word means.
        \_ thanks -nivra
        \_ We don't need to vote!  We already know they're all eevvviiill
           BushCo Republicans!  We only vote on people we like!
           \_ How many Bush nominees have already been voted on?
           \_ right. Bush is the only one who likes to talk about EVIL.
              Evil. A big issue in the world today. Domestic violence, war,
              it's all just evil. Why doesn't Bush declare war on Satan?
              \_ BushCo won't declare war on Satan because BushCo is Eevvvill!
                 We all know BushCo reports directly to Satan!!  Like all the
                 eeeeevvvvviiill!! Republicans!  Eeevvviiill!
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7/9     

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Cache (3943 bytes)
www.villagevoice.com/issues/0345/hentoff.php
VOICE Giveaways Performance Tickets to see Cirque du Soleils Alegria Film Screenings The Saddest Music in the World Breakin All the Rules Nightlife Win a Night on the Town prize package Dance Win Tickets to a dance performance of your choice at the 92nd Street Y Harkness Dance Project click links to win! Authorities could not find him because he was living in New York, holding a steady job and supporting his family. Upon learning about Moodys apparent turnaround, District Judge Pickering delayed his sentencing a year, allowing his continued good behavior to be used as a basis for punishment with no prison time. Bill Rankin, staff writer, Atlanta Journal-Constitution , March 9, 2003. In contrast with all the fierce rejections of Pickering for a seat on the Fifth Circuit Court of Appeals, there is a statement from Sixth Circuit Court of Appeals Judge Damon Keith. A very model of the kind of Bill of Rights judge that should be on the United States Supreme Court, Damon Keithruling against John Ashcrofts closing of deportation hearings around the countrysaid famously: Democracy dies behind closed doors. Judge Keith, who is black, writing to Democratic senator Patrick Leahy of Vermont, then chairman of the Senate Judiciary Committee, told of how Pickering had been instrumental in Judge Anne C. Williamss appointment as the first African-American judge on the Court of Appeals for the Seventh Circuit. Keith added that, knowing Pickerings temperament, fairness, and sense of compassion . The Atlanta Journal-Constitution , realizing that Pickerings judicial reputation hangs almost entirely on one explosive casethe cross-burning casedecided to extensively review that case and the rest of Pickerings judicial record. The March 9 article by Rankin also noted that before being nominated to the Fifth Circuit Court of Appeals by the president: Pickering, in a 1999 essay on race relations in the Jackson Clarion-Ledger , addressed racial bias in the courts, empathizing with black, not white, concerns. He counseled whites who were angry about the recent acquittal of a black murder suspect to look at the justice system from a black perspective. While Mississippians may not realize that African-Americans are treated differently by the system, Pickering wrote, it is the truth and a most disturbing one if you are black. The Atlanta Journal-Constitution added that as a judge, Pickering has thrown out only two jury verdicts, both times because he felt the verdicts were biased against minority plaintiffs. Charles Schumer, Richard Durbin, Russ Feingold, Pat Leahy, and the rest of the Democratic posse on the Senate Judiciary Committee didnt mention those parts of Pickerings record during the two Senate hearings on his nomination. The national NAACP, which has largely become an adjunct of the Democratic Party, has treated Pickering as if he were in the tradition of DW Griffiths Birth of a Nation . But strong black support of Pickering throughout Mississippi includes such voices as Reverend Kenneth Fairley, Senior Pastor of Mount Carmel Ministries: I served as president of the Forrest County branch of the NAACP. I wholeheartedly support Judge Pickering in his judgeship and request the United States Senate to ratify his appointment. Then there is Mississippi state representative Phillip West, chairman of the Legislative Black Caucus, who first opposed Pickerings nomination to the Fifth Circuit, but after fully examining Pickerings record has now reversed his position. He writes: While I do not condemn and judge all white men and women to be staunch racists, I do believe many have racist tendencies and beliefs as evidenced by the racism instilled in our many institutions. At least Judge Pickering has shown a willingness to work for racial reconciliation prior to his consideration for the Fifth Circuit Court of Appeals position. West also says Pickerings actions for racial reconciliation have gone beyond .
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leahy.senate.gov/press/200307/070903.html
SENATOR PATRICK LEAHY CONTACT: Office of Senator Leahy, 202-224-4242 VERMONT Statement Of Senator Patrick Leahy Senate Judiciary Committee Judicial Nominations Hearing July 9, 2003 Todays hearing is the thirteenth nominations hearing the Republican majority has held this year. As of today, during the past six months, the Senate Judiciary Committee has considered 43 of President Bushs judicial nominees. This stands in sharp contrast to the way President Clintons nominees were treated by the Republican majority. Thirteen is the same number of hearings for judicial nominees as Chairman Hatch allowed in all of 1998, the year he held the most hearings in any of his six full years as chairman during the Clinton Administration. In most of those years, there were far fewer hearings and far fewer nominees. 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District Court for the Western District of Texas: Judge Cardone, Judge Montalvo, and Judge Rodriguez. These nominees make the fourth, fifth and sixth of President Bushs nominees considered for the Western District alone. They also make the tenth, eleventh and twelfth of President Bushs district court judges given hearings from the State of Texas. Seven of those judges were given hearings and confirmed during the 17 months I served as Chairman of the Judiciary Committee. That was nearly one judge for Texas every other month, in addition to the four United States Attorneys and three United States Marshals who were reviewed and confirmed in that period of time. 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www.naacp.org/work/washington_bureau/Kuhl081303.shtml
Shelton, Director, Washington Bureau RE: The Nomination of Carolyn Kuhl to serve on the ninth Circuit Court of Appeals The Issue President George W. Bush has nominated Los Angeles County Superior Court Judge Carolyn Kuhl to a lifetime appointment on the Ninth Circuit Court of Appeals. The NAACP is opposed to this nomination as we have grave concerns about Judge Kuhls judicial activism and extreme views on important civil and womens rights issues, as well as her apparent unwillingness to protect individuals basic rights. When the issue was taken to the United States Supreme Court in 1981 by Bob Jones University, the Justice Department was prepared to defend the rules. However, in January 1982, President Reagan announced that the government was changing its position-at Kuhls urging-and would grant tax-exempt status to Bob Jones University. The United States Supreme Court disagreed with the position, and later denied 8-1 Bob Jones University and other racially segregated schools tax exempt status. In another case, an African American employee of the United States Department of Agriculture USDA claimed he was denied a promotion because of race. Carolyn Kuhl defended USDAs promotion practice as non-discriminatory, claiming that the employee would not have been given the promotion in any circumstance and therefore USDA did not discriminate against the employee on the basis of race. In doing so, Kuhl sought to narrow the definition of race discrimination. The Eighth Circuit Court of Appeals ruled in favor of the employee, claiming that race discrimination does not strictly mean the employee is denied a promotion. The Action: We Need You To Take Contact both your Senators and URGE THEM TO OPPOSE THE NOMINATION OF CAROLYN KUHL TO SERVE ON THE NINTH CIRCUIT COURT OF APPEALS . To contact your Senators you may: Make a Phone Call: Call your Senators and your Representative in Washington by dialing the Capitol Switchboard and asking to be transferred to your Senators/Congressmans offices. The switchboard phone number is 202 224-3121 see message section, below.
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www.pfaw.org/pfaw/general/default.aspx?oid=9734
The Right Wings top goal is the ideological domination of our federal courts, which would threaten the rights of all Americans. Nominations like that of California state Judge Carolyn Kuhl to the influential Ninth Circuit Court of Appeals are a means to that end. Nominees to such important life-time positions must demonstrate that they have a commitment to open-minded decision-making and to fundamental constitutional and civil rights. Judge Kuhls commitment to these principles has been seriously questioned based on a number of radical positions she has taken on civil rights, reproductive rights, privacy and more. Kuhl has sought to restrict individual rights, defend government tax exemptions for institutions that discriminate based on race, and help corporations avoid their responsibility to clean up environmental pollution caused by their companies. Kuhls record shows: As a Justice Department lawyer, Kuhl helped convince the Reagan administration to change its position and argue that Bob Jones University should be given a tax exemption despite the universitys racially discriminatory practices, which included a ban on interracial dating. The United States Supreme Court later ruled 8-1 against the administrations position and upheld the denial of tax-exempt status to the university. Kuhl has supported government attempts to restrict access to abortion and contraception and has repeatedly criticized Roe v. Wade, even stating in a brief she co-authored that the textual, doctrinal and historical basis for Roe v. Wade is so far flawedthatthe Supreme Court should reconsider that decision and on reconsideration abandon it. As a judge, Kuhl dismissed an invasion of privacy claim brought by a breast cancer patient whose doctor had allowed a pharmaceutical company salesman to observe her examination without her consent. Arguing against the polluter pays principle of the Superfund act, Kuhl asserted that Shell Oil Company did not have to pay for the decontamination of a toxic site at which it and other oil companies dumped acid sludge. The court rejected this argument and held Shell Oil liable for its pollution.