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Subject: Owen, the extremist judge Frist loves

Written By: ChuckyG on 05/19/05 at 12:05 pm

http://www.americanprogressaction.org/site/pp.asp?c=klLWJcP7H&b=616769#1

Two notable past corporate-friendly cases ruled on by Owen involve very publicly known corporations – Halliburton and Enron – both of which had donated to Owen's judicial campaign.

Gee, a corporate friendly judge who just happened to give Enron and Haliburton a helping hand.  I wonder if it's a coincidence they're trying to push this one through the Senate?

Subject: Re: Owen, the extremist judge Frist loves

Written By: MaxwellSmart on 05/19/05 at 12:16 pm

From the above link, about Judge Owned:



In his videotaped statement for Justice Sunday, Senate Majority leader Bill Frist "singled out Judge Priscilla Owen, one of the blocked appeals court nominees, for praise in the telecast." Many believe that Frist's specific mention of Owen suggests "she may become the contested nominee at the focus of the looming showdown." For all the conservative talk against judicial activism, Frist and other conservatives should know that Owen has a long record of extremist decisions; her own hometown paper described her as "all too willing to bend the law to fit her views, rather than the reverse." In fact, in reference to one of Owen's dissents, then colleague and fellow Texas Supreme Court Justice Alberto Gonzales went so far as to describe the decision's proposed interpretation of the law as "an unconscionable act of judicial activism." Indeed, in critiquing her nomination, The Houston Chronicle took issue not with her being "too conservative" but with the fact that "she too often contorts rulings to conform to her particular conservative outlook." As the San Antonio Express stated, "The senate should not block a judicial nominee simply because he or she is more conservative or more liberal than the Senate's majority party.… But concerns about Owen go to the heart of what makes a good judge."

Gonzales calling her adjudicating "unconscionable" is like Jeffrey Dahmer saying, "Whoa!, dude, sick!"
:o

Subject: Re: Owen, the extremist judge Frist loves

Written By: GWBush2004 on 05/19/05 at 1:47 pm

Sen. Joseph Biden (D-Delaware) March 19, 1997: “But I also respectfully suggest that everyone who is nominated is entitled to have a shot, to have a hearing and to have a shot to be heard on the floor and have a vote on the floor.”

Sen. Richard Durbin (D-Illinois)September 28, 1998: “We should meet our responsibility. I think that responsibility requires us to act in a timely fashion on nominees sent before us. ... Vote the person up or down.”

Sen. Dianne Feinstein (D-California) September 11, 1997: “Let’s bring their nominations up, debate them if necessary, and vote them up or down.”

Sen. Edward Kennedy (D-Massachusetts)February 3, 1998: “We owe it to Americans across the country to give these nominees a vote. If our Republican colleagues don’t like them, vote against them. But give them a vote.”

Sen. Patrick Leahy (D-Vermont) May 10, 2000: “The Founding Fathers certainly intended that the Senate advise as to judicial nominations, i.e., consider, debate, and vote up or down. They surely did not intend that the Senate, for partisan or factional reasons, would remain silent and simply refuse to give any advice or consider and vote at all.”

Sen. Barbara Boxer (D-CA) 5/14/97 : “It is not the role of the Senate to obstruct the process and prevent numbers of highly qualified nominees from even being given the opportunity for a vote on the Senate floor.”

Sen. Tom Daschle (D-SD): “I find it simply baffling that a Senator would vote against even voting on a judicial nomination.” (Congressional Record, 10/5/99)

Sen. Joseph Biden (D-Delaware) March 19, 1997: “But I also respectfully suggest that everyone who is nominated is entitled to have a shot, to have a hearing and to have a shot to be heard on the floor and have a vote on the floor.”

Sen. Tom Daschle (D-SD): “Hispanic or non-Hispanic, African American or non-African American, woman or man, it is wrong not to have a vote on the Senate floor.” (Congressional Record, 10/28/99)

Sen. Byron Dorgan (D-ND): “My expectation is that we’re not going to hold up judicial nominations. …You will not see us do what was done to us in recent years in the Senate with judicial nominations.” (Fox News’ “Special Report With Brit Hume,” 6/4/01)

Richard Durbin (D-IL) "If, after 150 days languishing on the Executive Calendar that name has not been called for a vote, it should be. Vote the person up or down." (Cong. Rec., 9/28/98, S11021)

Sen. Dianne Feinstein (D-CA): “Let’s bring their nominations up, debate them if necessary, and vote them up or down.” (Congressional Record, 9/11/97)

Sen. Dianne Feinstein (D-CA): “It is our job to confirm these judges. If we don’t like them, we can vote against them.” (Congressional Record, 9/16/99)

Sen. Dianne Feinstein (D-CA): “Our institutional integrity requires an up-or-down vote.” (Congressional Record, 10/4/99)

Sen. Tom Harkin (D-IA): “ is used … as blackmail for one Senator to get his or her way on something that they could not rightfully win through the normal processes.” (Congressional Record, 1/4/95)

Tom Harkin (D-IA) "Have the guts to come out and vote up or down….And once and for all, put behind us this filibuster procedure on nominations." (Cong. Rec., 6/22/95, S8861)

Sen. Tom Harkin (D-IA): “I urge the Republican leadership to take the steps necessary to allow the full Senate to vote up or down on these important nominations.” (Congressional Record, 9/11/00)

Sen. Ted Kennedy (D-MA): “We owe it to Americans across the country to give these nominees a vote. If our Republican colleagues don’t like them, vote against them. But give them a vote.” (Congressional Record, 2/3/98)

Sen. Ted Kennedy (D-MA): “It is true that some Senators have voiced concerns about these nominations. But that should not prevent a roll call vote which gives every Senator the opportunity to vote ‘yes’ or ‘no.’ ... Parties with cases, waiting to be heard by the federal courts deserve a decision by the Senate.” (Congressional Record, 9/21/99)

Sen. Herb Kohl (D-WI): “These nominees, who have to put their lives on hold waiting for us to act, deserve an ‘up or down’ vote.” (Congressional Record, 9/21/99)

Sen. Patrick Leahy (D-VT): “I hope we … will accept our responsibility and vote people up or vote them down. … If we want to vote against them, vote against them.” (Congressional Record, 10/22/97)

Sen. Patrick Leahy (D-VT): “Now, every Senator can vote against any nominee. … But it is the responsibility of the U.S. Senate to at least bring them to a vote.” (Congressional Record, 10/22/97)

Sen. Patrick Leahy (D-VT): “ "I have stated over and over again … that I would object and fight against any filibuster on a judge, whether it is somebody I opposed or supported …” (Congressional Record, 6/18/98)

Sen. Patrick Leahy (D-VT): “Earlier this year … I noted how improper it would be to filibuster a judicial nomination.” (Congressional Record, 10/14/98)

Sen. Patrick Leahy (D-VT): “If the person is otherwise qualified, he or she gets the vote. … Vote them up, vote them down.” (Congressional Record, 9/21/99)

Sen. Harry Reid (D-NV): “We should have up-or-down votes in the committee and on the floor.” (CNN’s “Evans, Novak, Hunt & Shields,” 6/9/01)

Sen. Chuck Schumer (D-NY): “We are charged with voting on the nominees. The Constitution does not say if the Congress is controlled by a different party than the President there shall be no judges chosen.” (Congressional Record, 3/7/00)

Carl Levin (D-MI) "If a bipartisan majority of the U.S. Senate is prepared to vote to confirm the President's appointment, that vote should occur." (Cong. Rec., 6/21/95, S8806)

Subject: Re: Owen, the extremist judge Frist loves

Written By: Don Carlos on 05/19/05 at 2:29 pm


Sen. Joseph Biden (D-Delaware) March 19, 1997: “But I also respectfully suggest that everyone who is nominated is entitled to have a shot, to have a hearing and to have a shot to be heard on the floor and have a vote on the floor.”

Sen. Richard Durbin (D-Illinois)September 28, 1998: “We should meet our responsibility. I think that responsibility requires us to act in a timely fashion on nominees sent before us. ... Vote the person up or down.”

Sen. Dianne Feinstein (D-California) September 11, 1997: “Let’s bring their nominations up, debate them if necessary, and vote them up or down.”

Sen. Edward Kennedy (D-Massachusetts)February 3, 1998: “We owe it to Americans across the country to give these nominees a vote. If our Republican colleagues don’t like them, vote against them. But give them a vote.”

Sen. Patrick Leahy (D-Vermont) May 10, 2000: “The Founding Fathers certainly intended that the Senate advise as to judicial nominations, i.e., consider, debate, and vote up or down. They surely did not intend that the Senate, for partisan or factional reasons, would remain silent and simply refuse to give any advice or consider and vote at all.”

Sen. Barbara Boxer (D-CA) 5/14/97 : “It is not the role of the Senate to obstruct the process and prevent numbers of highly qualified nominees from even being given the opportunity for a vote on the Senate floor.”

Sen. Tom Daschle (D-SD): “I find it simply baffling that a Senator would vote against even voting on a judicial nomination.” (Congressional Record, 10/5/99)

Sen. Joseph Biden (D-Delaware) March 19, 1997: “But I also respectfully suggest that everyone who is nominated is entitled to have a shot, to have a hearing and to have a shot to be heard on the floor and have a vote on the floor.”

Sen. Tom Daschle (D-SD): “Hispanic or non-Hispanic, African American or non-African American, woman or man, it is wrong not to have a vote on the Senate floor.” (Congressional Record, 10/28/99)

Sen. Byron Dorgan (D-ND): “My expectation is that we’re not going to hold up judicial nominations. …You will not see us do what was done to us in recent years in the Senate with judicial nominations.” (Fox News’ “Special Report With Brit Hume,” 6/4/01)

Richard Durbin (D-IL) "If, after 150 days languishing on the Executive Calendar that name has not been called for a vote, it should be. Vote the person up or down." (Cong. Rec., 9/28/98, S11021)

Sen. Dianne Feinstein (D-CA): “Let’s bring their nominations up, debate them if necessary, and vote them up or down.” (Congressional Record, 9/11/97)

Sen. Dianne Feinstein (D-CA): “It is our job to confirm these judges. If we don’t like them, we can vote against them.” (Congressional Record, 9/16/99)

Sen. Dianne Feinstein (D-CA): “Our institutional integrity requires an up-or-down vote.” (Congressional Record, 10/4/99)

Sen. Tom Harkin (D-IA): “ is used … as blackmail for one Senator to get his or her way on something that they could not rightfully win through the normal processes.” (Congressional Record, 1/4/95)

Tom Harkin (D-IA) "Have the guts to come out and vote up or down….And once and for all, put behind us this filibuster procedure on nominations." (Cong. Rec., 6/22/95, S8861)

Sen. Tom Harkin (D-IA): “I urge the Republican leadership to take the steps necessary to allow the full Senate to vote up or down on these important nominations.” (Congressional Record, 9/11/00)

Sen. Ted Kennedy (D-MA): “We owe it to Americans across the country to give these nominees a vote. If our Republican colleagues don’t like them, vote against them. But give them a vote.” (Congressional Record, 2/3/98)

Sen. Ted Kennedy (D-MA): “It is true that some Senators have voiced concerns about these nominations. But that should not prevent a roll call vote which gives every Senator the opportunity to vote ‘yes’ or ‘no.’ ... Parties with cases, waiting to be heard by the federal courts deserve a decision by the Senate.” (Congressional Record, 9/21/99)

Sen. Herb Kohl (D-WI): “These nominees, who have to put their lives on hold waiting for us to act, deserve an ‘up or down’ vote.” (Congressional Record, 9/21/99)

Sen. Patrick Leahy (D-VT): “I hope we … will accept our responsibility and vote people up or vote them down. … If we want to vote against them, vote against them.” (Congressional Record, 10/22/97)

Sen. Patrick Leahy (D-VT): “Now, every Senator can vote against any nominee. … But it is the responsibility of the U.S. Senate to at least bring them to a vote.” (Congressional Record, 10/22/97)

Sen. Patrick Leahy (D-VT): “ "I have stated over and over again … that I would object and fight against any filibuster on a judge, whether it is somebody I opposed or supported …” (Congressional Record, 6/18/98)

Sen. Patrick Leahy (D-VT): “Earlier this year … I noted how improper it would be to filibuster a judicial nomination.” (Congressional Record, 10/14/98)

Sen. Patrick Leahy (D-VT): “If the person is otherwise qualified, he or she gets the vote. … Vote them up, vote them down.” (Congressional Record, 9/21/99)

Sen. Harry Reid (D-NV): “We should have up-or-down votes in the committee and on the floor.” (CNN’s “Evans, Novak, Hunt & Shields,” 6/9/01)

Sen. Chuck Schumer (D-NY): “We are charged with voting on the nominees. The Constitution does not say if the Congress is controlled by a different party than the President there shall be no judges chosen.” (Congressional Record, 3/7/00)

Carl Levin (D-MI) "If a bipartisan majority of the U.S. Senate is prepared to vote to confirm the President's appointment, that vote should occur." (Cong. Rec., 6/21/95, S8806)


But they didn't.  And the Dems didn't try to change the rules of the game.

Subject: Re: Owen, the extremist judge Frist loves

Written By: ChuckyG on 05/19/05 at 2:53 pm

Should we list the thousand or so times the Republicans used the Filibuster against Clinton appointees? 

This change goes beyond the need to appoint morally rephrensible judges (which Own certainly is), it violates Senate rules and transforms the Senate into a smaller version of the House, reversing 200 years of precident.

Subject: Re: Owen, the extremist judge Frist loves

Written By: GWBush2004 on 05/19/05 at 3:29 pm


But they didn't.  And the Dems didn't try to change the rules of the game.


You're right, the republicans didn't filibuster any Clinton judge.  What the democrats are doing is a new thing.  Remember Clarence Thomas?  The democrats opposed him to no end, and even kept him from getting a favorable recommendation from the senate judiciary committee, yet he still got confirmed by a 52-48 vote.  Why didn't the democrats filibuster him?  Because filibustering judges with majority support is a new thing.  Enough is enough.

And the democrats did try to change the rules.  They tried to end ALL filibusters back when Clinton was president.  The motion to change the rules failed, with only 19 senators voting for the rules change, all democrats.  Nine of those nineteen democrats are still in the senate, arguing that the filibuster is needed.  Hypocrites.

Should we list the thousand or so times the Republicans used the Filibuster against Clinton appointees?

Please do.

reversing 200 years of precident.

That's a laugh coming from the democratic party, a party which thinks of the US constitution as a "living document."

Subject: Re: Owen, the extremist judge Frist loves

Written By: MaxwellSmart on 05/19/05 at 4:05 pm

If the Constitution was a dead piece of parchment, only 5% of the adult population would have the franchise, women would be second class citizens, African-Americans would be enslaved...and so on and so on and so on.
The term "strict constructionalist" is a mere euphemism for "plutocratic, male chauvinist, white supremecist."

These quotes from Democrats do not deny Priscilla Owned is a corporate shill with no business being on a federal bench.

Subject: Re: Owen, the extremist judge Frist loves

Written By: GWBush2004 on 05/19/05 at 4:16 pm


If the Constitution was a dead piece of parchment, only 5% of the adult population would have the franchise, women would be second class citizens, African-Americans would be enslaved...and so on and so on and so on.
The term "strict constructionalist" is a mere euphemism for "plutocratic, male chauvinist, white supremecist."

These quotes from Democrats do not deny Priscilla Owned is a corporate shill with no business being on a federal bench.


The constitution never denied women or blacks anything, the amendments only added to their rights.  But what's not right is judges finding something in the constitution that I guess no one else found before.

Either way, Owens and Brown are going to get confirmed, either with some compromise, or with the nuking the democrats.  I can't believe the democrats are filibustering two women, one of which is black.  So much for advancing minorites and women.

And saying that Owen and Brown are out of the mainsteam is absurd.  Brown got something like 76% of the vote in the liberal state of California, and Owen got over 85% of the vote in Texas.  Are you saying 76% of the people of California and over 85% of the people in Texas are out of the mainstream?

Subject: Re: Owen, the extremist judge Frist loves

Written By: MaxwellSmart on 05/19/05 at 4:27 pm


The constitution never denied women or blacks anything, the amendments only added to their rights.  But what's not right is judges finding something in the constitution that I guess no one else found before.

Either way, Owens and Brown are going to get confirmed, either with some compromise, or with the nuking the democrats.  I can't believe the democrats are filibustering two women, one of which is black.  So much for advancing minorites and women.

And saying that Owen and Brown are out of the mainsteam is absurd.  Brown got something like 76% of the vote in the liberal state of California, and Owen got over 85% of the vote in Texas.  Are you saying 76% if the people of California and over 85% of the people in Texas are out of the mainstream?

I can't comment on the motivations of the voters.  I can say if Owens and Brown are "mainstream," we are f**ked as a culture! 
The Right uses "the Constitution" and "the intent of the Founders" interchangably.  If they are, then the Constitution denied liberty to all but the few proprerty-ownding white males.  If they are not, then the "activist" judges are well within their rights to be activist in interpreting the Constitution.  We all agree, I hope, that the Taney Court's allocating three-fifths personhood to African-Americans was abominable, and the Warren Court's interpretation of what "civil rights" are guaranteed by the Constitution was justice a long time coming!

Subject: Re: Owen, the extremist judge Frist loves

Written By: ChuckyG on 05/19/05 at 7:27 pm


Either way, Owens and Brown are going to get confirmed, either with some compromise, or with the nuking the democrats.  I can't believe the democrats are filibustering two women, one of which is black.  So much for advancing minorites and women.

And saying that Owen and Brown are out of the mainsteam is absurd.  Brown got something like 76% of the vote in the liberal state of California, and Owen got over 85% of the vote in Texas.  Are you saying 76% of the people of California and over 85% of the people in Texas are out of the mainstream?


Let them try running now on their current record, after they've ruled from the bench, I doubt they'll see those numbers again.

Subject: Re: Owen, the extremist judge Frist loves

Written By: ChuckyG on 05/19/05 at 7:31 pm


You're right, the republicans didn't filibuster any Clinton judge.  What the democrats are doing is a new thing.  Remember Clarence Thomas?  The democrats opposed him to no end, and even kept him from getting a favorable recommendation from the senate judiciary committee, yet he still got confirmed by a 52-48 vote.  Why didn't the democrats filibuster him?  Because filibustering judges with majority support is a new thing.  Enough is enough.

And the democrats did try to change the rules.  They tried to end ALL filibusters back when Clinton was president.  The motion to change the rules failed, with only 19 senators voting for the rules change, all democrats.  Nine of those nineteen democrats are still in the senate, arguing that the filibuster is needed.  Hypocrites.

Please do.



here's a few roll calls for you. 


http://www.dailykos.com/storyonly/2005/4/12/132226/730


That's a laugh coming from the democratic party, a party which thinks of the US constitution as a "living document."


yes, the civil rights amendment the Democrats passed in the 60s, what a truly awful thing >sarcasm<  Please point to an amendment passed in the past 50 years by the "liberals" that can be faulted. 

Subject: Re: Owen, the extremist judge Frist loves

Written By: MooRocca on 05/19/05 at 7:37 pm




Either way, Owens and Brown are going to get confirmed, either with some compromise, or with the nuking the democrats.

Subject: Re: Owen, the extremist judge Frist loves

Written By: MaxwellSmart on 05/19/05 at 7:52 pm


Gee, big mystery -- could it be because their race and gender has absolutely nothing to do with whether they should serve on the Supreme Court of the United States of America?    ::)

It's a catch-22.  When liberals deliberately seek out "women and minoirities" the conservatives shriek all the same. 
The Right also has a self-serving fantasy (which is the common theme of the entire Right agenda) that liberals want to control all racial minorities to further the power of the Democratic party.  It's not that Judge Brown is a crackpot, it's that she might show African-Americans "another way to be" and then the jig is up for the Dems!
::)

Subject: Re: Owen, the extremist judge Frist loves

Written By: GWBush2004 on 05/19/05 at 8:20 pm


Gee, big mystery -- could it be because their race and gender has absolutely nothing to do with whether they should serve on the Supreme Court of the United States of America?


They were not nominated for the supreme court of the United States of America.

Subject: Re: Owen, the extremist judge Frist loves

Written By: MaxwellSmart on 05/19/05 at 8:35 pm


They were not nominated for the supreme court of the United States of America.

Good point.  However, I'm afraid if these zombies get appointed to the federal appellate, the Supreme might be next!  We don't want "justice" to become an oxymoron unto itself!
:o

Subject: Re: Owen, the extremist judge Frist loves

Written By: GWBush2004 on 05/19/05 at 9:11 pm


Good point.  However, I'm afraid if these zombies get appointed to the federal appellate, the Supreme might be next!  We don't want "justice" to become an oxymoron unto itself!
:o


That's what the democrats are throwing this temper tantrum over.  They know if these judges get these meaningless lower court positions, they'll be set for a nomination for the supreme court.  That's what this is all about.

Former chief justice of the Alabama state supreme court, Roy Moore, for the US Supreme Court!

Subject: Re: Owen, the extremist judge Frist loves

Written By: MaxwellSmart on 05/19/05 at 9:51 pm


That's what the democrats are throwing this temper tantrum over.  They know if these judges get these meaningless lower court positions, they'll be set for a nomination for the supreme court.  That's what this is all about.

Former chief justice of the Alabama state supreme court, Roy Moore, for the US Supreme Court!

Well, I'll be dipped in dogsh*t!  From the mouths of babes it comes--the true intent of the American Fascist Party (GOP).  All courts shall be rendered meaningless, except for the Extreme Court of the Nine Divine Muckedy-mucks!  Kill the filibuster, pack the Supreme Court with theocratic and corporatist idealogues, and then impose the plutocratic/christo-fascist agenda on the American public. 

The federal courts are "meaningless"?  How scary you sound, you'll never understand!
:o

Subject: Re: Owen, the extremist judge Frist loves

Written By: MooRocca on 05/19/05 at 10:01 pm


They were not nominated for the supreme court of the United States of America.


Aw crud... I got my wires crossed with a phone conversation I was having at the same time.

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