Franken launches full-throated attack on 'conservative activism' on courts

[babylonsister]

http://thehill.com/blogs/blog-briefing-room/news/104121-franken-launches-full-throated-attack-on-conservative-activism-on-courts


Franken launches full-throated attack on 'conservative activism' on courts
By Michael O'Brien - 06/18/10 11:36 AM ET


Republican senators and conservative jurists found themselves on the defensive after Sen. Al Franken (D-Minn.) blasted "conservative activism" on federal courts.

Franken, in a major speech Thursday evening before the American Constitution Society, sought to set the stage for a summer confirmation battle in the Senate over President Barack Obama's pick, Elena Kagan, to join the Supreme Court.

The first-term senator launched a full-throated attack on originalism, the judicial philosophy often upheld by conservatives as an example for model nominees for the federal courts.

"Originalism isn’t a pillar of our constitutional history. It’s a talking point," Franken said, adding a jab at Chief Justice John Roberts for his famous comparison between judges and baseball umpires during Roberts's confirmation hearings.

"How ridiculous," Franken said. "Judges are nothing like umpires."

The Senate is set to take up the Kagan nomination in the Senate Judiciary Committee, on which Franken serves, later this month.

With the battle over Kagan and other judicial nominees having stalled in the Senate, Franken also took a moment to castigate GOP filibusters of Obama's court picks.

"The Republican obstruction that is standing between you and the work you’ve agreed to do for your country is unacceptable. And we will continue to fight it," Franken said, apologizing to Goodwin Liu and Dawn Johnsen, the president's picks for a circuit court spot and director of the Office of Legal Counsel, respectively, who were both in the audience.

[blogslut]

1. More Al!

I love that guy.

[havocmom]

3. +1

yep

[LisaM]

2. I certainly hope Franken points out Roberts' ties with Fox News

John Roberts worked for the law firm that represented Fox News in the trial between Al Franken and Bill O'Reilly, at the time of the trial.

Why newscasters don't refer to him as "Former Fox News Lawyer John Roberts", I can't explain. Perhaps I'll call Franken's office and point it out.

[monmouth]

10. Wow. Did that come out at his hearings? This needs to be put out

there. Thanks for posting very new info, to me at least...

[LisaM]

11. No, no one ever mentions it

but it's true. I personally always call him "Former Fox News Lawyer John Roberts".

[Enthusiast]

38. But ties to Fox News means

he doesn't have a shred of credibility.

[LisaM]

12. Here's more info for you

"U.S. Supreme Court Chief Justice John Roberts was a litigator for this firm for several years during two periods: 1986-1989, and 1993-2003. In this capacity, Roberts argued before the United States Supreme Court and the lower federal courts, participating in a wide variety of matters on behalf of corporate clients, trade associations, governments, and individuals. Roberts left Hogan & Hartson in 1989 to accept appointment as Principal Deputy Solicitor General of the United States, and returned in 1993 to head their Appellate Practice Group". (from Wikipedia)


Fox News' Lawyer in 2003 (representing O'Reilly) - Dori Hanswirth. The firm? Hogan & Hartson.

http://www.avvo.com/attorneys/10022-ny-dori-hanswirth-878706.html



On edit: He may have left the firm by the time of the Franken trial. However, he was a partner in the firm that represented (probably still does) Fox News.

[monmouth]

13. Thank you. There should have been a helluva stink or at least

a lengthy discussion about this. Can you imagine if Sotomayor had done this? Wow...

[LisaM]

17. That firm represented Fox News (or News Corporation) on many matters

and I think they still do.

[coffeenap]

4. I love that guy too!!

:thumbsup:

[geardaddy]

5. I love my Senator!

He is truly a good fit for Wellstone's seat.

[Angry Dragon]

6. Go Al

He is my Senator also

[bjobotts]

34. Thom Hartman mentioned Franken only does media in his home state now.

[GodlessBiker]

7. I wish he were my Senator!! I can't imagine Senator Gillibrand giving a speech like this.

[JitterbugPerfume]

8. Try to imagine Sen BAYH doing it!

I have Al envy!

[GoCubsGo]

9. I wish he was my Senator.

I wish the other Democratic Senators would learn from his example.

[provis99]

14. Al is a fine successor to Paul Wellstone.

[PSzymeczek]

25. IIRC, He got a shout-out this morning (MST)

from Thom Hartmann for this.

[DavidDvorkin]

15. This is great

Good for him.

[Name removed]

16. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Stuckinthebush]

18. Oh, Jesus Christ!

Enjoy your short stay

[muffin1]

20. Did you check out the profile???

:crazy:

[Gordan Shumway]

22. It's good satire

I especially like this one, "No...fill in the blank as long as it's hateful and divisive."

[supernova]

19. Who's sock puppet are you?

lol

[avaistheone1]

21. Bravo Al Franken

He is turning into a great Senator.

No wonder the repukes were so afraid of him during his elections.

[ooglymoogly]

41. Not to forget the DLC and the DINO"s, though these are close to synonymous.

[sakabatou]

23. If only we could clone Franken and replace him in every Repub seat

[WillyT]

24. Go Al !!! - K & R !!!

:woohoo:

:kick:

[burrowowl]

26. Go Franken!

[glinda]

27. He is deserving of Paul's place. Love my Senator.

[Phlem]

28. I'm liking AL right now.

Are you listening Mr. President?

-p

[devilgrrl]

29. "launched a full-throated attack"

:eyes: Who writes this shit?

[guruoo]

31. Yeah, I know

[midnight]

30. I did not know that the Republicans used originalism as a judicial philosophy

when selecting persons for the bench.

[mistertrickster]

32. B-b-bu-but . . . I thought judges always deserved an "up or down vote!" That was then-this is now.

nt

[bertman]

33. He's no Paul Wellstone, but he's doing one helluva job as Senator Al Francken!

[Prophet 451]

35. Thank you, Al

"Originalism" is a fairly pathetic talking point pretending to be a judicial philosophy. It enshrines the viewpoints of a bunch of men who, whatever their brilliance, died centuries ago. Even the Founders didn't consider their work a be-all, end-all list, that's why they left instructions on how to amend it as required.

"Originalism" is also a talking point fronted by those who don't actually understand how the legal system works (and those, like Scalia, who just don't care). The doctrine of stare decisis ensures that the law is constantly evolving and adapting to changing times. And that's a good thing, that's what the law is supposed to do. Slamming one's hand down and proclaiming "Originalism" is just a Canute-like attempt to evade the responsibilities of the office.

[Empathic_1]

36. There are still some leaders out there.

Franken is one.

[iamjoy]

37. Conservative Activism

I have often wondered why more of an issue is not made of Conservative Judicial Activism. I don't know how many people know the name George Greer. He was the judge in the Terri Schiavo case and made the ruling that ultimately led the feeding tube to be removed. Well, supposedly, the Baptist minister at Greer's church asked the judge about his relationship with his church in terms of that ruling. Like - wtf? Was that minister really expecting Greer to rule not based on his own understanding of the law, but on what God may have wanted?

We see it in the Catholic Church, in which bishops and ministers threaten to deny communion to politicians who are presumably Pro-Choice. Really? Aside from the hypocrisy of making no such noise about those who support the death penalty, do they expect our leaders to make and our judges to interpret law based on teachings of the Catholic Church rather than what is best for our country/established US law?

[Duppers]

39. We need more like Al Franken.

Besides this important issue, there's campaign finance reform. If there's ever, ever any hope for it happening it will because of Al Franken & Kucinich.

[spicegal]

40. Go Al. Since the conservative takeover of this country,

the SCOTUS has become an instrument of corporate America and the elite. Time to shed some light on this institution. Go Al.

[lutherj]

42. LINK to video of Franken's address

http://www.huffingtonpost.com/2010/06/18/al-franken-slams-supreme_n_617448.html


For anyone who wants to watch the full address.