Barbara Boxer on floor letting Senators know that although
there hasn't been much discussion on California judicial
nominee Carolyn B. Kuhl,there will be a vote tomorrow, despite
this being the last day of the session and bills are more pressing. Another Hatched plot.
Both Feinstein and Boxer aren't supporting this woman.
She is listing some of the groups against this nominee.
Here's one, with information about Judge Kuhl.
http://cal-legalert.sierraclubaction.org/showalert.asp?aaid=267Judge Carolyn Kuhl's record of decisions from the bench and her legal advocacy on important issues involving individual access to the courts, the rights of membership organizations like the Sierra Club to vindicate the rights of its members in court and Kuhl's failed attempt to nullify key provisions of California's anti-SLAPP statute (a statute designed to protect public participation in policy issues) foreshadow what we could expect if she gains a seat on the Ninth Circuit. The Pete Wilson appointee and member of the Federalist Society who also served as Deputy Solicitor General during the Reagan administration, is ideologically aligned with those conservative judicial activists who would like to change the legal landscape to limit the public's access to the courts.
The nomination of Judge Kuhl represents another in a long line of right-wing ideologues nominated to the judiciary by the Bush administration. In order to understand the threat posed to the environment by Judge Kuhl, one must consider the approach to constitutional analysis employed by her allies and co-members in the Federalist Society and other right-wing organizations:
-A dramatic narrowing in the scope of the Commerce Clause, the section of the Constitution on which much environmental law is based.
-The expansion of the Takings Clause to undermine environmental protection.
-Overbroad interpretations of the reach of the Eleventh Amendment, resulting in states escaping liability for environmental degradation and individuals being denied redress by the courts.
-The elimination of private rights of action and the implementation of more stringent standing requirements, limiting access to the courts for aggrieved persons.