Janice Rogers Brown

Posted by Moonage on 06 Sep 2005 | Tagged as: The Legal Process

Orin Kerr of Volokh does a usually perfect analysis of the chances Janice Rogers Brown might have of getting the nod for the open seat in the Supreme Court.

Now, given the pressures of the current situation, there are some reasons why Bush WOULD nominate Brown:

  1. Kanye West et al have targeted Bush as being racist because he didn’t drive all the black people out of New Orleans personally.
  2. Bush took some heat for replacing a white woman with a white male for his previous nomination.
  3. John Roberts isn’t Latino.
  4. John Roberts isn’t liberal, Democrat, or conservative enough.
  5. Bush’s popularity index has been lagging.

There’s tons of reasons he would want to nominate a black female.  Orin gives several for why not:

  1. Although construed as an ultra-conservative, she’s actually quite liberal legally.  Orin gives some examples why he thinks so.

That’s it.

But, that’s a biggie.  A Supreme Court justice is not an advocate for women’s rights or minority rights.  They do one thing only, interpret the Constitution and law.  If that person interprets the Constitution and law as the Bush desires, then it becomes that much sweeter if that person represents a minority segment of the US.  Plus, I don’t doubt that Bush is scouring his short list of names for a minority that does meet his interpretive expectations.  And lastly, Bush has never responded to peer pressure.  Sometimes I think he hunkers up when pressure is applied ( stem cell debate for example ).

Adds up to the fact I don’t think it will be Janice Rogers Brown for purely ideological reasons.  I would be surprised if it’s not a minority member.  Just not this one.

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One Response to “Janice Rogers Brown”

  1. on 07 Sep 2005 at 9:59 am 1.Bryan Kerwick said …

    Here are reasons why President Bush would nominate Janice Rogers Brown for the Supreme Court:

    Judge Brown is a Constitutionalist with Conservative tendencies and is well suited for the job.

    Congress can’t approve her 2 months ago and then somehow change their minds about her ability to perform the job at hand.

    Race and gender have no place in this argument. We as a nation need to hire the best people for the job period. Granted there is a political aspect that must be taken into consideration but since Judge Brown has already gone thru this process it is a mute point.

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