According to the Society of American Law Teachers. When you read their comments in a letter they sent in February to Arlen Spector and Patrick Leahy urging them not to confirm her, recall the bullshit DeLay and the religious right have spouted over the Schiavo case and about the evils of an "independent judiciary" disrespecting the "rights" of the legislature.
http://www.independentjudiciary.com/resources/docs/SALT%202005%20brown%20opposition.pdf<<Justice Brown has evidenced a profound disrespect for and distrust of legislative bodies and the legislative process. It would be peculiarly ironic if the Senate were to consent to her nomination, for her record makes clear that if she were to serve as a federal judge, she would be quick to vote to invalidate acts of Congress that did not accord with her economic and political views. She has attacked the acts of Congress that made up the New Deal, stating that
those regulatory and protective statutes "inoculated the federal Constitution with a kind of underground collectivist mentality." She has denounced the Supreme Court's decisions upholding major New Deal legislation, calling them "the triumph of our socialist revolution."
These views would be particularly damaging on the court for which she has been nominated, the United States Court of Appeals for the District of Columbia Circuit, because it hears many cases involving challenges to acts of Congress and regulations implementing them.
<<a. Justice Brown's Hostility to Government.
<<A central thread in Justice Brown's work is a general hostility to government, and a rejection of the notion that government can and should ameliorate the burdens that life imposes on many people. She has repeated this view in several speeches, saying, e.g., that:
<<in the heyday of liberal democracy, all roads lead to slavery. And we no longer find slavery abhorrent. We embrace it. We demand more. Big government is not just the opiate of the masses. It is the opiate. The drug of choice for multinational corporations and single moms; for regulated industries and rugged Midwestern farmers and militant
senior citizens.
<<She maintains that:
<<Government is the only enterprise in the world which expands in size when its failures increase. . . . Where government moves in, community retreats, civil society disintegrates, and our ability to control our own destiny atrophies. The result is: families under siege; war on the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible.
<<In her dissent in San Remo Hotel L.P. v. City and County of San Francisco, Justice Brown denigrated democracy and the democratically-elected legislature accountable to the electorate, stating that the legislation at issue required that a property owner in San Francisco "must use that property according to the preferences of the majorities that prevail in the political process -- or, worse, the political powerbrokers who often control the government independently of majoritarian preferences." >>