William Pryor

It Never Ends

It is no secret that, when it comes to the issue of judicial nominees, the Right just likes to fight.  And one of the way the GOP and the Right try to gin up their base in an election year is to make judges an issue, and make unfounded accusations of bigotry against any opponents. They’re at it once again

Senate Minority Leader Mitch McConnell (R-Ky.) said Thursday he has not ruled out the option of shutting down the chamber to put fresh pressure on Democrats to confirm President Bush’s stalled judicial nominees.

His statement came after Republicans brought a Judiciary Committee meeting to a near-standstill to vent their frustrations with what they said was Democratic foot-dragging to confirm 10 pending nominees to federal appeals courts. They complained that there have been no committee hearings on nominees since last September, and say that at least nine more nominees need to be confirmed by the end of Bush’s term in order to match the 15 judges the Republican-controlled Senate approved in the final two years of the Clinton administration.

Sen. Arlen Specter (Pa.), the ranking Republican on the Judiciary Committee, told reporters last month that one of the options to force Democratic action is “shutting down the Senate.” He reiterated that threat this week in an interview with the Wall Street Journal editorial board.

In an interview with The Hill on Thursday, Specter said it was “a possibility” that the GOP would object to motions that allow routine business to proceed on the floor, a move that would stifle Senate action and effectively bring the chamber to a halt.

And once again, the Right is deploying its complementary tactic of ignoring the concerns raised about a controversial nominees’ record or judicial philosophy in favor of simply accusing Democrats of opposing the nominee out of bigotry.  As we’ve noted before:

The Right sees some nefarious ulterior motive at work – and that is how they manage to convince themselves that opposition to [Leslie] Southwick stems not from concerns about his record but from some sort of deep-seeded hatred of Southern white males … the same way they said opposition to Miguel Estrada was really due to anti-Latino prejudice … and opposition to Priscilla Owen was the result of flagrant anti-woman bias … and opposition to William Pryor was actually due to anti-Catholic bigotry … and opposition to Janice Rogers Brown was in actuality rooted in racism

And guess what? Here they go again ... this time with a bit of a twist, as Fidelis circularly accuses Sen. Pat Leahy , who is himself Catholic, of accusing Robert Conrad, who is likewise Catholic, of making anti-Catholic statements:

In the latest attack on 4th Circuit nominee Judge Robert Conrad, Sen. Patrick Leahy (D-VT), accused Conrad of making anti-Catholic comments in a letter submitted to a Catholic periodical over nine years ago. Leahy’s accusation comes as Democrats on the Senate Judiciary Committee have come under increased pressure to act on President Bush’s judicial nominations … Anti-Catholic bigotry in America is real, and we welcome efforts to confront it where it truly exists. But in the case of Judge Conrad, there is nothing that even remotely resembles anti-Catholicism.

While that complaint is a bit confusing and probably unlikely to generate any sort of outrage, Curt Levey of the Committee for Justice decided to take a different track and simply accuse Senate Democrats of being anti-Semitic for opposing the nomination of Peter Keisler

Is the fact that Keisler is Jewish similarly contributing to his obstruction by Democrats? There is no way to know. But it’s worth noting that, of the nine appeals court nominees currently being obstructed, three are Jewish.

Of course, it is “worth noting” that three of the nominees are Jewish only if you are attempting to insinuate that opposition to their nominations is rooted in anti-Semitism - despite admitting that you have “no way to know” and absolutely no evidence that that is actually the case.

Playing the Racist Card, Again

It seems as if Gary Marx has managed to pull himself away from his $8,000-a-month position with Mitt Romney’s presidential campaign to pen an action alert in his capacity as Executive Director of the Judicial Confirmation Network to urge supporters to contact their senators and demand a vote on the nomination of Leslie Southwick:

The Liberal Left led by Senator Ted Kennedy, Minority Leader Harry Reid, and People for the American Way will stop at nothing in order to keep common sense constitutionalist judges like Leslie Southwick off the bench. Ultimately, their unprecedented judicial filibusters are a backdoor political sabotage to manipulate the Senate rules. Their goal is to create a radical new precedent where for the first time in history a future Supreme Court nominee like Justice Roberts or Alito will be forced to receive 60 votes for confirmation rather than a simple and fair majority vote.

The vote on whether to filibuster Judge Southwick is likely to occur this week ... possibly as early as Wednesday. This is our last chance to make our voice heard. The time to call your Senators' offices is today!

Marx then encourages activists to take the time to read an op-ed penned by his partner at the JCN, Wendy Long - who, like Marx, serves on Romney’s National Faith and Values Steering Committee – in which she trots out the Right’s standard claim that those who raise concerns about Southwick’s judicial record and philosophy are really just calling Southwick a racist:

Just when you thought "white male in the South" didn't equal "presumptive racist," a disgusting spectacle with that familiar theme is unfolding in the United States Senate.

[Senator Richard] Durbin is doing essentially what [Duke Prosecutor Mike] Nifong and [Al] Sharpton did: attacking someone else as a racist in order to advance his own political agenda. Never mind the facts, never mind the law, just play the race card against a white man in the south and you know you have a good chance to bring him down.

It seems that whenever anyone dares to oppose any of President Bush’s judicial nominees, the Right sees some nefarious ulterior motive at work – and that is how they manage to convince themselves that opposition to Southwick stems not from concerns about his record but from some sort of deep-seeded hatred of Southern white males … the same way they said opposition to Miguel Estrada was really due to anti-Latino prejudice … and opposition to Priscilla Owen was the result of flagrant anti-woman bias … and opposition to William Pryor was actually due to anti-Catholic bigotry … and opposition to Janice Rogers Brown was in actuality rooted in racism.    

Standard Operating Procedure

As we have noted repeatedly over the last several years, the Right has developed various means to defend controversial Bush administration nominations against those who raise concerns about a nominee’s views by accusing anyone who might voice such concerns of being in some way a bigot. 

As we noted recently, the Right has routinely accused those who opposed nominees such as Miguel Estrada, Priscilla Owen, and Janice Rogers Brown of being, respectively, anti-Latino, anti-woman, and straight out racist. 

Perhaps the most common accusation is that those who raise concerns about a nominee’s views are motivated by anti-religious bias, which is a charge they’ve thrown around multiple times, most notably regarding opposition to William Pryor and John Roberts.  

And they are at it again, this time in defending Dr. James Holsinger, President Bush's nominee for surgeon general, who has exhibited an open hostility to homosexuals.

Paul Weyrich levels the accusation:

In spite of his qualifications, radical homosexual activists are intent on defeating his nomination, in blatant violation of Article VI of the Constitution, because of his religious beliefs

So does Al Mohler:

In other words, Dr. Holsinger's opponents are not directing their attention to his medical experience or qualifications, but to his beliefs and responsibilities as a Christian and a member of the Judicial Council of the United Methodist Church.

The nomination of Dr. James Holsinger promises now to be a defining moment in American history. Will it now be necessary for a nominee to deny the teachings of his or her own church in order to be confirmed by the United States Senate?

It seems that, for the Right, any criticism of a nominee is out-of-line if the views for which the nominee is being criticized are, in some way, rooted in his or her religious faith, thereby allowing them to ignore the issue at hand, which is the nominee’s actual writings and record. 

But for some reason, the Right seems to have a different standard for Democrats and feels free to openly disparage not only their views, but their respective faiths directly.  

For example, not too long ago, the National Clergy Council openly declared that “[Sen. Barack] Obama's Christianity woefully deficient.” 

Or what about Don Feder’s recent broadside:

Democrats are to traditional religion what Islam is to tolerance.

It's not that Democrats aren't religious - rather that they practice a religion alien to both Christianity and Judaism.

Its doctrine includes support for abortion on demand, hate crimes legislation, the Kyoto Treaty, driver's licenses for illegal aliens, multiculturalism and a socialism of property and values.

Its priesthood is feminists, environmentalists, gay-activists and radical secularists, presided over by its college of cardinals --Rosie O'Donnell, Bill Maher, Barbra Streisand and Al Franken.

It calls for atonement for the sins of sexism, homophobia, the religious right, the gun lobby, pharmaceutical companies, big oil, Guantanamo, Halliburton and trans-fatty acids.

Its vision of Kingdom Come looks a lot like San Francisco on a Saturday night.

Or what about Paul Weyrich himself, who once attacked John Kerry, Tom Harkin and Dick Durbin for being “nothing but hypocrites” who were” trying to take advantage of their Catholic faith when its suits their purposes on the campaign trail, but shirking the obligations that really come with that faith” and called on the media to differentiate between “politicians [who] have taken stands in accordance with their faith and are therefore ‘observant,’ true Catholics and which ones are non-observant, only claiming to be Catholic.”

Apparently, for the Right, opposing a Bush nominee is proof of blatant religious bigotry, whereas directly denigrating the faith of Democrats is perfectly acceptable.   

Brownback's Double Standard

We have been following Sen. Sam Brownback’s on-going hold of Janet Neff’s nomination to serve on the US District Court for the Western District of Michigan because Brownback is concerned that Neff attended a commitment ceremony for a lesbian couple back in 2002.  

Brownback is stalling her nomination simply because she attended a commitment ceremony in her personal capacity, but now said that he will consider lifting his hold on her nomination – but only if she agrees to recuse herself from any case that deals with the issue of same-sex unions

Kansas Sen. Sam Brownback, a potential presidential candidate, said Friday he would lift his hold on a federal judicial nominee if she agrees to step aside from any case dealing with same-sex unions.

Brownback, a Republican raising money for a possible White House bid, has stalled the confirmation of Michigan Court of Appeals Judge Janet Neff to the federal bench because she once attended a lesbian commitment ceremony.

Neff has said she attended the ceremony as a friend of one of the two women, a longtime neighbor. She insisted in an Oct. 12 letter to Brownback that the ceremony had no legal effect and would not affect her ability to act fairly as a federal judge.

Brownback, a prominent gay marriage opponent, says he is concerned the incident colors her legal view on the constitutionality of allowing same-sex marriages.

It should be noted that Brownback voted to confirm William Pryor to a seat on the 11th Circuit Court of Appeals despite Pryor’s open hostility to Supreme Court precedent and his extremist views on church-state separation, gay rights, and other matters

During an April 1997 rally, Pryor decried the decades-old precedent of Roe. He said, “I will never forget January 22, 1973, the day seven members of our highest court ripped the Constitution…” In a survey of state attorneys general on the issue, Pryor said, “Abortion is murder and Roe v. Wade is an abominable decision.” Pryor opposes abortion even in cases of rape or incest.

One of Pryor’s most memorable efforts to move the law closer to his ideology is seen through Alabama Justice Roy Moore’s crusade to defy a federal court order and display the Ten Commandments in his courtroom and on other state property. Moore parlayed his refusal to remove such a display, even after a court ordered him to do so, into a successful campaign for the state’s top judgeship. There, he again displayed his Ten Commandments, this time on a granite monument in the rotunda of the Alabama Judicial Building in Montgomery.

William Pryor has backed Judge Moore, even though the judge’s actions plainly violate the Constitution’s requirement of the separation of church and state.

… Speaking at a rally in support of Judge Moore in 1997, Pryor said, “God has chosen, through his son Jesus Christ, this time and this place for all Christians…to save our country and save our courts.”

Brownback made no such demands that Pryor recuse himself from any case involving the Ten Commandments or reproductive choice, even though there was no doubt about Pryor’s views on the issues and how he would rule in such cases – yet, Brownback is now demanding that Neff agree to recuse herself from any case involving the issue of same-sex unions merely because she attended a commitment ceremony.  

Commitment Ceremony Stalls Judicial Nominee

The Right has been pretty vocal recently, demanding that Republicans in the Senate hurry up and confirm as many judges as possible before the November election.  But when it comes to the nomination of Janet Neff, they are urging them to slow down

A judge's elevation to the federal bench could be derailed because she helped preside over a commitment ceremony for a lesbian couple four years ago.

Republican Sen. Sam Brownback of Kansas has placed a hold on the nomination of Michigan Court of Appeals Judge Janet T. Neff, saying her presence at the 2002 Massachusetts ceremony raises questions about her judicial philosophy.

"It seems to speak about her view of judicial activism," Brownback said Friday. "It's something I want to inquire of her further."

Brownback, a vehement opponent of gay marriage who has presidential ambitions, said he wants to know whether Neff might have presided over "an illegal marriage ceremony" that skirted Massachusetts law. He has asked the Justice Department for a formal legal opinion on Neff's conduct.

Ceremonies marking the union of same-sex couples are usually symbolic events that carry no legal benefits and require no government approval. Massachusetts did not recognize gay marriages in 2002 but legalized same-sex marriage two years later after a ruling from its highest court.

Conservative activists expressed concerns about Neff after seeing her name in a September 2002 New York Times "Weddings/Celebrations" announcement. It said Neff led the commitment ceremony for Karen Adelman and Mary Curtin with the Rev. Kelly A. Gallagher, a minister of the United Church of Christ.

Both women are former employees of the gay rights group Human Rights Campaign in Washington.

"When she did the commitment ceremony, she was doing it in her role as a judge, and that draws up a serious question," said Tom McClusky, a spokesman for the Family Research Council, a conservative group. "She would be more sympathetic to an activist on the issue of homosexual marriage."

The FRC’s claim that her presiding over such a ceremony  “draws up a serious question” is pretty ironic considering that they didn’t seem particularly concerned when William Pryor appeared in his capacity as Attorney General of Alabama to praise then Alabama Supreme Court Justice Roy Moore for his illegal display of the Ten Commandments, proclaiming

"God has chosen, through his son Jesus Christ, this time, this place for all Christians Protestants, Catholics and Orthodox to save our country and save our courts."

Or when, again in his capacity as Attorney General, he called Roe v. Wade “the worst abomination of constitutional law in our history” or said “I will never forget Jan. 22, 1973, the day seven members of our highest court ripped the Constitution and ripped out the life of millions of unborn children.” 

According to the Right, calling a long-established Supreme Court precedent an “abomination” was no cause for concern about Pryor’s impartiality, and anyone who dared question it was accused of anti-Catholic bigotry.  But Neff’s presiding over a commitment ceremony is enough to stall her nomination and raise all sorts of “serious questions” about “judicial activism.”   

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William Pryor Posts Archive

Kyle Mantyla, Tuesday 04/08/2008, 9:01am
It is no secret that, when it comes to the issue of judicial nominees, the Right just likes to fight.  And one of the way the GOP and the Right try to gin up their base in an election year is to make judges an issue, and make unfounded accusations of bigotry against any opponents. They’re at it once again:  Senate Minority Leader Mitch McConnell (R-Ky.) said Thursday he has not ruled out the option of shutting down the chamber to put fresh pressure on Democrats to confirm President Bush’s stalled judicial nominees. … His statement came after Republicans... MORE >
Kyle Mantyla, Monday 10/15/2007, 4:23pm
It seems as if Gary Marx has managed to pull himself away from his $8,000-a-month position with Mitt Romney’s presidential campaign to pen an action alert in his capacity as Executive Director of the Judicial Confirmation Network to urge supporters to contact their senators and demand a vote on the nomination of Leslie Southwick: The Liberal Left led by Senator Ted Kennedy, Minority Leader Harry Reid, and People for the American Way will stop at nothing in order to keep common sense constitutionalist judges like Leslie Southwick off the bench. Ultimately, their... MORE >
Kyle Mantyla, Thursday 06/28/2007, 3:44pm
As we have noted repeatedly over the last several years, the Right has developed various means to defend controversial Bush administration nominations against those who raise concerns about a nominee’s views by accusing anyone who might voice such concerns of being in some way a bigot.  As we noted recently, the Right has routinely accused those who opposed nominees such as Miguel Estrada, Priscilla Owen, and Janice Rogers Brown of being, respectively, anti-Latino, anti-woman, and straight out racist.  Perhaps the most common accusation is that those who raise... MORE >
Kyle Mantyla, Monday 12/11/2006, 12:51pm
We have been following Sen. Sam Brownback’s on-going hold of Janet Neff’s nomination to serve on the US District Court for the Western District of Michigan because Brownback is concerned that Neff attended a commitment ceremony for a lesbian couple back in 2002.   Brownback is stalling her nomination simply because she attended a commitment ceremony in her personal capacity, but now said that he will consider lifting his hold on her nomination – but only if she agrees to recuse herself from any case that deals with the issue of same-sex unions... MORE >
Kyle Mantyla, Monday 10/09/2006, 5:25pm
The Right has been pretty vocal recently, demanding that Republicans in the Senate hurry up and confirm as many judges as possible before the November election.  But when it comes to the nomination of Janet Neff, they are urging them to slow down A judge's elevation to the federal bench could be derailed because she helped preside over a commitment ceremony for a lesbian couple four years ago. Republican Sen. Sam Brownback of Kansas has placed a hold on the nomination of Michigan Court of Appeals Judge Janet T. Neff, saying her presence at the 2002 Massachusetts... MORE >