All we need to know about Bush's nominee Judge John G. Roberts which by the way could not sound more menacingly like "the man," is that he is in the Federalist Society... This perked my interest because all of Bush's controversial and very luny tune nominees like Janice Rodgers Brown and the like were federalist society members... So I did some digging and this is scary stuff...
THIS JUDGE NEEDS TO BE STOPPED According to their website (which is sadly deceptively mainstream) "Law schools and the legal profession are currently strongly dominated by a form of orthodox liberal ideology which advocates a centralized and uniform society." Further "The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be." Something they repeat often But the website does not do justice the breading ground for this extremist thinking. We need only look at its backers to understand and the thinking it has produced... This group first came to prominence during the Clinton impeachment because the Prosecutor Ken Star (a member) used his network of lawyers through the organization to win judicial reviews (by fellow members) and lawyers supporting Tripp, and Paula Jones all (members) through the organizations efforts they were able to push the impeachment case...
In 2000 the Washington Monthly did a look at the organization, the article is scary: Jerry Landav writes, "...now one of the legal theories the Federalists are pushing could make regulation by federal agencies unconstitutional in some cases and--if carried to its logical extreme--be the Federalists crowning achievement in their unspoken campaign to change the face of law and politics in America." The organization was founded by lost tribe member David Horowitz. And now led by Sen. Orin Hatch and Former Federal Judge Robert Bork. Need to know more here is what they say... "The Federalist Society has made important contributions to the nation's understanding of our constitutional heritage." Vice President Richard Cheney "The Federalist Society has done more for the health of the law than any organization I have witnessed in my career." Judge Robert Bork "[T]his organization has played an important part in sparking a dialogue between lawyers and judges, and even at times amongst judges themselves...by assiduously avoiding the temptation to take positions, or to lobby and engage in political advocacy. Resisting that temptation takes discipline, I am sure, but rest assured that you have made the right choice and are providing a genuine and unique service in so doing. Stay the course!" Justice Clarence Thomas, U.S. Supreme Court Sounds nice but what did he say at a convention for the Federalist Society? "Supreme Court Justice Clarence Thomas attacks the American Bar Association for being too socially conscious--advancing a slate of liberal positions 'that go beyond representing the interests of lawyers as a profession.'" What we can expect to see: "Perhaps the networks most far-reaching victory in recent years was a 1999 decision by a Federal appellate panel of DC Circuit judges in a case called American Trucking v. EPA , which stunned clean-air advocates by rolling back EPA standards covering smog and soot. The decision was based on the principle of "non-delegation," a rigid and archaic reading of the Constitution, which holds that Congress retains all legislative authority, but not the power to delegate regulatory power to executive agencies. C. Boyden Gray, a member of the Federalist Societys Board of Trustees, filed a friend-of-the-court brief in American Trucking. Gray was also good enough to share his insights on non-delegation with the Federalist convention in November when he moderated a panel discussion entitled: "The Non-Delegation Doctrine Lives!" One extraordinary thing about the American Trucking decision was just how well it served private industry at the expense of the public interest. A commentator writing in a Federalist Society newsletter crowed that American Trucking will save industry "in the neighborhood of $45 billion per year." Perhaps that is true--and perhaps industry would save even more money if the courts decide to eliminate, for example, the Food and Drug Administrations jurisdiction over food and drugs. But the social costs would be enormous." |