GOP Senators Block Obama’s Extremist Judicial Nominee

Steven Ertelt,

Senate Republicans blocked the confirmation of Goodwin Liu, Obama's extremist judicial nominee.

The Senate votes today against a motion by Senate Democrats to cut off debate on Goodwin Liu, a pro-abortion law professor President Barack Obama selected to become a judge on a federal appeal court.

The Senate Judiciary Committee approved Liu’s nomination for the federal appeals court in the western United States in April on a 10-8 party line vote. Liu, a liberal University of California law professor, faced opposition from Republicans while getting support from each of the Democrats on the committee and Republican lawmakers have filibustered his nomination, calling him too extreme to be approved.

Today’s vote saw Senate Republicans uphold their filibuster 52-43 with Republican senators Lindsey Graham, Dick Lugar, John McCain, Olympia Snowe, Susan Collins, and Scott Brown all voting to stop the nomination from moving forward. Democratic Sen. Ben Nelson of Nebraska joined them while “pro-life Democrats” Bob Casey and Joe Manchin voted to allow the nomination of the abortion activist to move ahead.

Lisa Murkowski, a pro-abortion Republican, was the lone GOP vote for ending the filibuster.

During the debate leading up to the vote, Senator Orrin Hatch of Utah, a member of the committee, outlined his strong opposition, saying Liu has “activist judicial philosophy is fundamentally at odds with the principles on which our system of government is based.”

…As a law professor at Berkeley, Liu has spent the last few years lecturing about his disdain for the U.S. Constitution. “‘[S]trict construction,’” he wrote in the Stanford Law Review, “[doesn't] make a lot of sense.

Meanwhile, Curt Levey, executive director of the conservative Committee for Justice, called Liu “the worst of Obama’s nominees at all levels of the federal courts.”

Obama picked Liu for the open federal appeals court seat a year ago, but Republican filibusters kept him from receiving approval in the full Senate — forcing Obama to renominate Liu this January. With Democrats controlling fewer seats now, at 53, they are seven short of the 60 votes needed to stop a filibuster assuming no Democrats peel off and side with Republicans, which may not be the case for some moderates or those facing tough election battles in 2012.

Liu is a liberal abortion supporter who conservative legal guru Ed Whelan observed was so left-wing that former “White House chief of staff Rahm Emanuel initially vetoed” his candidacy for the Ninth Circuit “on the ground that Liu’s left-wing record made him too controversial.” But Whelan says new White House counsel Robert Bauer “eager to please the Left, successfully pushed back.”

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Obama Taps Biased Pro-Abortion Judge for Appeals Court

Cheryl Sullenger,

President Barack Obama has nominated former Kansas Attorney General Stephen Six as a judge on the Federal Appeals Court in Denver. Six was involved in obstructing the prosecution of Planned Parenthood on 107 criminal charges and, according to some, tied the hands of the prosecutor in the 2009 criminal case against George Tiller.

Because of this, Operation Rescue opposes Six’s confirmation on the grounds that his political biases make him unfit to serve.

Six’s ascension to state office followed a contentious and scandal-ridden political battle over abortion, which continued unabated under his administration.

Six was appointed by former Gov. Kathleen Sebelius, a rabid abortion supporter who was known for appointing ideological soul-mates to positions throughout the state government that would protect abortionists from accountability to the law. Six replaced Paul Morrison, who was hand-picked by Sebelius to run against then-Attorney General Phill Kline, for the purpose of halting his investigation into abortion clinics in Kansas. Morrison was forced to resign in disgrace after being caught in a sex and corruption scandal where he tried to use his illicit lover to spy on Kline’s abortion investigation for the purpose of derailing it.

The Tiller Cases Impeded

Before Kline left the Attorney General’s office, he had filed 30 criminal charges against George Tiller related to illegal late-term abortions. That case was dismissed on shady jurisdictional grounds. Kline appealed the dismissal and appointed a special prosecutor to continue the case, but Morrison withdrew the appeal and fired the special prosecutor hired by Kline.

Later, under intense political pressure, Morrison filed 19 criminal charges against Tiller for doing illegal late-term abortions without an independent second opinion that the abortions met the narrow exceptions under the law that banned abortions after 22 weeks. These charges were weaker than Kline’s case. Six inherited this second case against Tiller upon the resignation of Morrison and allowed it to move forward while refusing to reinstate the stronger case against Tiller.

Six appointed Barry Disney to prosecute the case. However Six told Disney not to take any “foul punches” against Tiller. In the end, Disney hardly got any punch at all. Disney entered into a stipulated agreement about the so-called facts in the case prior to the trial that greatly narrowed the focus of Disney’s prosecution. In fact, Disney called only one witness, Ann Kristin Neuhaus, a disgraced abortionist who was once declared a “danger to the public” by the Kansas State Board of Healing Arts. Disney alleged that Neuhaus had an improper financial affiliation with Tiller and provided all his second opinions required for post-viability abortions. Neuhaus was a hostile witness who was uncooperative on the stand. Tiller was soon acquitted of the charges.

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Cartoon of the Day: “That’s Overreach!”

Obama’s Judicial Nominee is a Reverse Racist

Hans A. von Spakovsky, Pajamas Media

In a further demonstration of the Obama administration’s hypocrisy on racial policy, the president recently renominated James E. Graves for a federal judgeship. Those who have followed the New Black Panther Party voter intimidation scandal at the Holder Justice Department know that his administration’s political appointees have exhibited a blatant racial double standard — they are not interested in prosecuting minority defendants for civil rights violations. Graves apparently has a similarly skewed view of race, which raises further grave concerns that such race-conscious approaches to the law are not only acceptable, but seen as worthy of lifetime appointments by those at the very top of the administration.

Graves, a black justice on the Mississippi Supreme Court, was nominated to the Fifth Circuit Court of Appeals by the president last year…

This despite the fact that Graves’ votes in three different disciplinary cases involving Mississippi judges show that he looks at alleged misconduct differently depending on the race of the perpetrator…

In 2004, the Mississippi Supreme Court dismissed disciplinary proceedings against state judge Connie Glen Wilkerson, who is white. After reading an article about the extension of certain legal rights to homosexual partners, Wilkerson sent a letter to a local newspaper stating his opinion, based on his religious beliefs, that homosexuals belonged in mental institutions rather than having such laws passed on their behalf. He expounded on those views in an interview, saying that homosexuality was an illness that merited treatment, not punishment. The judge was charged with violation of judicial ethics for conduct prejudicial to the administration of justice.

Justice Graves…found that Wilkerson’s opinion was not protected speech under the First Amendment.

In 2008, the Mississippi Supreme Court held that another judge could be disciplined for statements made at a National Drug Court Institute training conference. State court judge Nicki M. Boland, who is white, was frustrated because she was not getting support from her fellow judges or county commissioners on establishing a drug court in her county. She apparently got into an angry tirade in which she said that “African-Americans in Hinds County can go to Hell for all I care”…

Justice Graves joined a concurring opinion that not only found that Boland had no First Amendment right to engage in such speech, but that specifically reaffirmed the prior dissent in the Wilkerson case…

But then Justice Graves seemed to suddenly have a change of heart. Less than a month after the Boland decision, the Mississippi Supreme Court decided another disciplinary proceeding against state court Judge Solomon C. Osbourne, who is black. Osbourne, while speaking to “a predominantly African-American political organization” and criticizing a white mayor and his African-American political appointees, said:

White folks don’t praise you unless you’re a damn fool. Unless they think they can use you. If you don’t have your own mind and know what you’re doing, they don’t want you around.

The Mississippi Supreme Court, in an opinion written by Judge Carlson who had dissented in the Wilkerson case, also found that this statement was not protected by the First Amendment…But Justice Graves disagreed, joining a dissenting opinion that found that Osbourne’s insulting and racially derogatory remarks were constitutionally protected speech under the First Amendment, unlike the racial insults made by Judge Nicki Boland or the criticism of legal rights for homosexuals by Judge Wilkerson…

A majority of the Mississippi court, not including Justice Graves, acted consistently in these three cases…

The only difference between the three cases is that Judges Boland and Wilkerson, who Graves thought had no First Amendment rights, were white, whereas Judge Osbourne, whose racial insults Graves believed were protected speech, was black.

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Democrats Give Up on Four of Obama’s Pro-Abortion Judges

Steven Ertelt,

Democrats have officially given up on seeking votes for four pro-abortion judicial nominees President Barack Obama put forward for lower court positions.

In exchange, they received an agreement from Republicans to allow votes on more than 19 noncontroversial nominees that have not earned opposition from pro-life groups.

Included the four is the highest nominee, Goodwin Liu, a law school dean at University of California Berkeley nominated for the 9th U.S. Circuit Court of Appeals in San Francisco but whose liberal and pro-abortion views left him with strong Republican opposition.

In addition to Liu, district court nominees Edward Chen, Louis Butler and John McConnell will not receive votes. Liu, Chen and Butler are judicial activists who are supportive of the Roe v. Wade Supreme Court decision responsible for 52 million abortions. Obama nominated Edward Chen for the Northern District of California and Louis Butler for the Western District of Wisconsin.

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