I’ll let you read the whole thing (or re-read it, since it was published before she was confirmed), but here are a few quotations that demonstrate why Janice Rogers Brown is the dream SCOTUS judge:
What is most remarkable about Brown’s jurisprudence is that she sees all basic individual rights as equally fundamental. Unlike many liberals, she counts property rights and economic liberties as deserving of judicial protection. In Santa Monica Beach, Ltd. v. Superior Court (1999), for instance, she dissented from a decision upholding a rent control ordinance, declaring that “[a]rbitrary government actions which infringe property interests cannot be saved from constitutional infirmity by the beneficial purposes of the regulators.”
In a dissent in San Remo Hotel v. City and County of San Francisco (2002), which upheld the city’s sweeping property restrictions, Justice Brown expanded on that theme. “Theft is still theft even when the government approves of the thievery,” she declared. “The right to express one’s individuality and essential human dignity through the free use of property is just as important as the right to do so through speech, the press, or the free exercise of religion.”
Brown also consistently upholds such rights as freedom of speech, privacy, and the rights of criminal defendants—a position that bothers many conservatives. In People v. Woods (1999), Justice Brown objected to a police search of a home justified by the fact that a roommate was an ex-felon. “In appending the Bill of Rights to the Constitution, the framers sought to protect individuals against government excess,” she wrote. “High in that pantheon was the Fourth Amendment guarantee against unreasonable searches and seizures.”
Likewise, Justice Brown voted to strike down a warrantless search of a man arrested for riding a bicycle on the wrong side of the street. Describing the search as excessive, Brown noted that an arrest for such a silly infraction never would have taken place in an affluent neighborhood. “If we are committed to a rule of law that applies equally to ‘minorities as well as majorities, to the poor as well as the rich,’ we cannot countenance standards that permit and encourage discriminatory enforcement.”
[ … ]
Justice Brown is not a typical Republican judicial nominee. She understands the crucial role of courts in a constitutional republic: She is deferential to the elected branches when they act within their prescribed boundaries, but zealous in the defense of individual liberties against majoritarian tyranny.
Can you imagine a whole SCOTUS of judges like Brown and Thomas?
Janice Rogers Brown for the SCOTUS now!
PatC says:
Yes, I’m saying my prayers that JRB is nominated.
October 27, 2005, 6:26 pmMahndisa S. Rigmaiden says:
10 27 05
THERE IS NO ONE IN THEIR RIGHT MIND WHO COULD POSSIBLY OPPOSE HER! SHE IS A FIRM BELIEVER IN THE CONSTITUITION AND HAS THE RESPECT OF MANY MANY CONSERVATIVE AMERICANS. WHAT BOTHERS ME IS HOW THE LEFTNAZIS BASH HER SO MUCH. i THOUGHT THAT SHE WAS THE DREAM OF WHAT THE LEFT HAS WANTED FOR SO LONG; BUT IT SHOWS THEIR HYPOCRISY; THEY ONLY WANT A PERSON OF COLOR THAT AGREES WITH THEIR AGENDA. AND IF NOT, WELL OH WELL, SCREW THEM! COME ON JRB COME ON GWB PLEASE PULL HER FOR THE JOB!
October 27, 2005, 6:40 pmPatC says:
On Neal Boortz’s this morning is a poll on who to nominate for SCOTUS.
I was amazed and thrilled to see that so far that Janice Rogers Brown is way ahead of the pack with 67% of the votes. Let’s hope that the White House is listening to the people.
October 28, 2005, 10:37 amrightwingprof says:
That’s not really surprising, since she’s Boortz’s favorite and he’s been talking her up for over a year. I’m betting Bush won’t nominate her, though, just to avoid going through the fight again (and hello, Frist, can we say nuclear option?)
October 28, 2005, 11:58 amDaniel Levesque says:
Three things. First, you are right on with this post. I have been calling for Janice Rogers Brown for months now.
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October 28, 2005, 2:45 pm