Wednesday, September 04, 2002

Back to Blogging - I Need the Outlet Something has clearly proded me out of hibernation - I can only hope it lasts. As it often is, my beef today is with judges - today it happens to be a particular federal judge.  As a defense lawyer, I remain surprised and chagrined (although I should not be at this point) that many federal judges (even those thought of as liberal or denominated Democrats) react with knee-jerk efforts to take the side of law enforcement where the Fourth Amendment is concerned.  While this post is no doubt a "venting" episode, I can only say that my high school Civics teacher taught me to expect that where a question of rights the violation of Fourth Amendment Rights vs. upholding law enforcement tactics arises the tie breaker should go to the individual rights side of the fight.  What has happened since my Civics class?? 7:48:08 PM    comment [] Ernie - I beg to differ . . . Priscilla Owen, we hardly knew you - looks like another 5th Circuit nominee will go down in flames.  Political flames, that is.  If that happens, she will be the first nominee ever to fail to win confirmation despite having (1) a unanimous well-qualified rating from the ABA, and (2) having been granted a hearing before the Judiciary Committee.  Well, there's a first for everything.  But this isn't the first time that politics has wagged the dog, and it won't be the last.  Official voting is on Thursday, for whatever that's worth. [Ernie the Attorney] I for one am happy to see the "confirmation process" give judges like Owen a thorough going over.  If in some cases this results in rejection by the Senate so be it.  The New York Times editorialized about Owen that: In choosing a nominee for the Fifth Circuit — the powerful federal appeals court for Texas, Mississippi and Louisiana — President Bush has looked to the extreme right wing of the legal profession. Even on Texas' conservative Supreme Court, Justice Owen has distinguished herself as one of the most conservative members. A former lawyer for the oil and gas industry, she reflexively favors manufacturers over consumers, employers over workers and insurers over sick people. In abortion cases Justice Owen has been resourceful about finding reasons that, despite United States Supreme Court holdings and Texas case law, women should be denied the right to choose. While Ernie the Attorney touts the ABA well qualified rating it is hard to imagine the nation's number one establishment bar organization not sticking up for one of its own.  There can be little doubt that Owen would do little for the preservation of the rights of the individual and a great deal to protect the likes of corporate America.  We will see what happens.   7:43:15 PM    comment []

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