I decided to read this column by editorial page editor Cynthia Tucker of the Atlanta Journal-Constitution. It details her reasons to suppor the filibuster to keep Janice Rogers Brown from becoming a federal judge. I thought it’d be interesting to see exactly what Tucker saw as her reason for disqualification. Take the time to read the column.
This appeared to be one of Tucker’s better insights:
She has no respect for precedent and frequently uses her rulings to express far-reaching opinions on matters not directly before the court. When parents of a child who had committed suicide sought to hold the school district responsible, Brown went beyond disagreeing with them.
She also wrote, “The public school system is already so beleaguered by bureaucracy; so cowed by the demands of due process; so overwhelmed with faddish curricula that its educational purpose is almost an afterthought.” She would be a true “activist” judge, something conservatives claim to abhor.
Not sure the judge’s views are so far out of the mainstream on that one.
Tucker also points out:
Speaking to the Chicago chapter of the Federalist Society five years ago, she said, “The New Deal . . . inoculated the federal Constitution with a kind of underground collectivist mentality. The Constitution itself was transmuted into a significantly different document.
Not many historians would disagree that the Supreme Court fundamentally shifted the power granted to the federal government during the New Deal era.
Tucker can’t seem to help speaking highly of the judge.
While she occasionally rankles her colleagues with barbs hurled their way, there’s no doubting her quick wit. In a dissent in a 1996 anti-trust case, she wrote: “The quixotic desire to do good, be universally fair and make everybody happy is understandable. Indeed, the majority’s zeal is more than a little endearing. There is only one problem with this approach. We are a court.”
But then she quickly regains her composure and adds: “Her intellect notwithstanding, she has no business on the federal bench. Her views are well outside the mainstream.”
Ms. Tucker repeasts one line again and again: “Just doesn’t belong on the federal bench.”
Perhaps, if she keeps repeating herself, she’ll convince someone she’s right. She didn’t convince me.