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Janice Rogers Brown for Supreme Court

by John F. Tamburo, Editor in Chief, Publisher
Originally Posted: 9/30/2005 1:00:02 PM

Conservativity hereby endorses and recommends Judge Janice Rogers Brown to fill the vacancy of Justice Sandra Day O’Connor in the U.S. Supreme Court.  She would make the ultimate excellent replacement for Justice O’Connor.  She would also trigger a horrendous fight in the Senate, complete with a filibuster that will destroy the "Gang of 14" and pave the way for the Nuclear Option to, finally, be exercised.

Janice Rogers Brown has had an incredibly distinguished career as a jurist.  She has served on the California Supreme Court, and was recently confirmed to the D.C. Circuit Court of Appeals as a result of the "Gang of 14" compromise.  Senator Orrin Hatch of Utah, during the fight to confirm Judge Brown to the Appellate bench, said the following of her life: "Justice Brown grew up the daughter of sharecroppers in segregated, rural Alabama. As a single mother, she worked her way through Cal State Sacramento and UCLA law school. She has spent nearly a quarter-century in public service, including nearly a decade on different levels of the California appellate bench. In 1996, she became the first African American woman to sit on the California Supreme Court. She was retained with 76% of the vote in her last election. Let me repeat that – 76% of the vote. I suspect that any Member of this Committee would be pleased to garner 76% of the vote. This overwhelming vote of confidence by the people of California reflects that Justice Brown is hardly out of the mainstream – a conclusion buttressed by the fact that last year she wrote more majority opinions than any other justice."

"Even more a reason to appoint Judge Brown to the high court are the objections of the extreme left."

Even more a reason to appoint Judge Brown to the high court are the objections of the extreme left.  Get a load of this statement: "In addition, Brown has often been the lone justice to dissent on the California Supreme Court, illustrating that her judicial philosophy is outside the mainstream."  Considering the hotbed of extreme leftism that is the California Supreme Court, I consider her lone dissension a badge of high honor.  So should any other lover of the Constitution.  Judge Brown is unashamed and unabashed in proclaiming her love of the law, and of the Constitution, and of the structure of government provided by our beloved Constitution.  Here are some of Judge Brown’s public statements:

• "Writing 50 years ago, F.A. Hayek warned us that a centrally planned economy is ’The Road to Serfdom.’ He was right, of course; but the intervening years have shown us that there are many other roads to serfdom. In fact, it now appears that human nature is so constituted that, as in the days of empire all roads led to Rome; in the heyday of liberal democracy, all roads lead to slavery. And we no longer find slavery abhorrent. We embrace it. We demand more. Big government is not just the opiate of the masses. It is the opiate. The drug of choice for multinational corporations and single moms; for regulated industries and rugged Midwestern farmers and militant senior citizens."
   
• "Government is the only enterprise in the world which expands in size when its failures increase. Aaron Wildavsky gives a credible account of this dynamic. Wildavsky notes that the Madisonian world has gone topsy turvy as factions, defined as groups ’activated by some common interest adverse to the rights of other citizens or to the permanent and aggregate interests of the community,’ have been transformed into sectors of public policy. ’Indeed,’ says Wildavsky, ’government now pays citizens to organize, lawyers to sue, and politicians to run for office. Soon enough, if current trends continue, government will become self-contained, generating (apparently spontaneously) the forces to which it responds.’ That explains how, but not why. And certainly not why we are so comfortable with that result."
   
• "The great innovation of this millennium was equality before the law. The greatest fiasco — the attempt to guarantee equal outcomes for all people."

"These wonderful statements give us a glimpse of Judge Brown’s keen understanding of the law, and her ready willingness to stand out bravely and love the Constitution, proudly and happily."

These wonderful statements give us a glimpse of Judge Brown’s keen understanding of the law, and her ready willingness to stand out bravely and love the Constitution, proudly and happily.  Such a justice would join the likes of Scalia, Thomas and Roberts and bring our judiciary in line with the intent of the Framers.  We would not have to worry about a Justice Brown taking the case law of Iran or the People’s Republic of China and using it to change the law of the United States.  We would not need to worry about a Justice Brown kicking property owners out of thir homes and giving that property to another person who may have the ability to pay more taxes.

The left hates Judge Brown, and fought so strongly against her, mainly because she is a great jurist.  She is an ideal candidate for the high court, and her nomination to that court would be a political nightmare on the eve of mid-term elections.  She is a woman and she is black.  The left would show themselves as the racists they are if they tried to oppose her for the hight court.  Now, the satakes are so high that they have no choice.  The leftist agenda dies if Janice Rogers Brown sits at the high court.  They cannot legislate it, they will be unable to cram it down our throats by judicial fiat, they will be irrelevant.

"A Rogers nomination would result in a filibuster -- then again, I think that any Bush nominee other than Teddy Kennedy or Hillary Clinton would result in a filibuster."

A Rogers nomination would result in a filibuster -- then again, I think that any Bush nominee other than Teddy Kennedy or Hillary Clinton would result in a filibuster.  Bill Frist could not dream of a better nominee.  The Gang of 14 will split.  It’s not going to matter that Judge Brown was just put on the D.C. Circuit by their agreement.  The extremists will break off Byrd and Inouye at a minimum.  That won’t be enough to forestall the Nuclear Option.  Bill Frist will dance the happy dance with the GOP base, and the party itself will make major hay of the racist Left filibustering a black woman.  And, unlike the appellate filibuster, there will be no way for the media to bury or ignore the story.  The people will see the Left’s arrogance, and also their desperation.

Read the words of this wonderful woman yourself at this link.  When you do you will be in a position to see for yourself just how brilliant and learned and cogent and qualified she is.  And you will join us in supporting her nomination to the high court.