Rumored SCOTUS Pick: Edith Brown Clement.

[delhurgo]

This is the hot rumor tonight about who Bush will nominate to the Supreme Court, tomorrow:



Bio: http://www.fjc.gov/servlet/tGetInfo?jid=454

[Langis]

1. How bad is she?

[Skittles]

4. cannot be good if that corrupt bastard bush is a fan of hers

cannot be good at all

[delhurgo]

5. She belongs to the Federalist Society, which is the org

that believes in 'originalism" (like Scalia and Thomas), but conservatives are still concerned. Apparently she doesn't have much of a paper trail. From what Ive read on conservative sites they think she "could be another Souter".

I want to make clear that this rumor comes from redstate.org, so take that for what its worth. Its just a rumor.

I found this quote at one of the conservative sites which I found interesting:

"I am liberal and am a long time friend of Joy and Rutledge, we never agreed on political matters but they are great people and Joy would be a perfect choice for the court"

[Erika]

8. Never agreed on politics but she would be a good choice?

I doubt it. Does she lunch regularly with Roy Moore?

[delhurgo]

14. Yes that does seem contradictory doesn't it.

I don't know alot about her, but I doubt she's a Roy Moore type. She may not be a christian conservative per se but that doesn't mean she won't overturn Roe v wade, interpret the 1st Amend very narrowly, etc, etc... just based on her conservative judicial philosphy.

Don't know enough about her yet. I doubt very much though that she'll be 'another Souter' like some conservatives are saying. I wish, but I think its very, very unlikely..

[Julius Civitatus]

43. Federalist, like Scalia, Thomas, Coulter, Ken Starr, Bork, Linda Chavez...

Spencer Abraham, Orrin Hatch, Ted Olson, Viet Dinh, John Ashcroft, Richard Mellon Scaife, Michael Chertoff, and many more ultra-right wing loonies. Keep in mind most of Bush's judicial appointments have been members of the Federalist Society

She's a young Federalist, meaning Bush will place an extreme conservative in the SC for the next 30 years or more.

[Erika]

2. An Alabama conservative?

Doesn't Bush know that the U.S. doesn't consist of just the red southern states? He wants them making all the laws, then let them pay all the taxes.

The right wing southerners do not represent mainstream America.

[Clark2008]

42. And he doesn't even pick from ALL the Southern red states.

He pretty much limits his nominees for any position to Texas, Mississippi, Alabama and, outside the South, Oklahoma.

He really doesn't even begin to touch the more purple of the red states.

[snowbear]

3. Hmm.. guess we'll know soon enough?

:shrug:

Here's what that bio says-

Clement, Edith Brown
Born 1948 in Birmingham, AL

Federal Judicial Service:
U. S. District Court, Eastern District of Louisiana
Nominated by George H.W. Bush on October 1, 1991, to a seat vacated by Charles Schwartz, Jr.; Confirmed by the Senate on November 21, 1991, and received commission on November 25, 1991. Served as chief judge, 2001-2001. Service terminated on November 27, 2001, due to appointment to another judicial position.

U. S. Court of Appeals for the Fifth Circuit
Nominated by George W. Bush on September 4, 2001, to a seat vacated by John M. Duhe, Jr.; Confirmed by the Senate on November 13, 2001, and received commission on November 26, 2001.

Education:
University of Alabama, B.A., 1969

Tulane Law School, J.D., 1972

Professional Career:
Law clerk, Hon. Herbert W. Christenberry, U.S. District Court, Eastern District of Louisiana, 1973-1975
Private practice, New Orleans, Louisiana, 1975-1991

Race or Ethnicity: White

Gender: Female

[The Mafia Squirrel]

9. Any word on some of her rulings?

Or where she stands on the major issues facing the court: abortion, torture, privacy, treasonous leakers as politico advisors, etc?

[atre]

46. That's an incredibly light resume for SCOTUS consideration

You usually expect at least one degree from an Ivy League school. I don't mean to discount the schools she's attended, since they are excellent schools, but it is relatively rare for a Justice of the Supreme Court to have a background like that.

[On the Road]

49. Ten Years on Federal Court; Four Years on an Appeals Court

That's not too bad.

Clarence Thomas, IIRC, had only served 18 months on an appeals courts. Now THAT was a light resume, and should have disqualified him.

[NawlinsNed]

55. You don't have to have been a judge before to be a SC justice

Just ask ole Chief Justice Warren.

[On the Road]

59. I Realize That, But

Clarence Thomas was still an awful lightweight for the court. I have more respect for someone like Bork, who can at least articulate his opinions.

[deadparrot]

6. I thought I heard the other Edith (Jones) would be worse.

But who knows?

They've both gotta be pretty bad.

[ugarte]

7. The stealth candidate, spent her whole life in the South

Alabama and Louisiana, her whole life. Hasn't written much that's controversial, so maybe there's hope. I'd certainly take her over someof the other wackos I've seen mentioned.

[Erika]

12. Come on,W needs to know the U.S.

isn't just the red state south.

[ugarte]

17. You're obviously mistaking W for someone who gives a damn

He's gotta keep his base happy.

[The Velveteen Ocelot]

10. It seems she hasn't really done much of anything notable.

Obviously she's conservative (she belongs to the Federalist Society), but according to this bio, she hasn't written much and her decisions have been pretty middle of the road and non-controversial. She's kind of a blank slate.

http://www.dkosopedia.com/index.php/Edith_Brown_Clement

And I recall that George the Smarter appointed a blank slate, David Souter, who turned out to be much less conservative than Poppy expected.

[The Mafia Squirrel]

15. Was H.W surprised?

Or even disappointed? I may need some edumacting, I was in grade school for Bush the Elder and I could hardly be called a fan but I've heard that he's much, much more middle of the road than either his idiot son or his idiot Commander in Chief. Is it true he renounced his membership in the NRA? I've heard some hardliners won't even speak his name they hate him so much. Maybe he just looks better by comparison next to the two court jester warlords he's associated with.

[ticapnews]

34. He resigned from the NRA after the OK City bombing...

When the NRA sent out a fundraising letter referring to ATF and FBI agents as "jack-booted thugs" and "wearing Nazi bucket helmets and black storm trooper uniforms."

Wonder if they still feel that way now that the GOP is back in the White House...

[Zynx]

37. NRA still hates FBI and ATF

Especially ATF, which they feel should have the "F" dropped from its name.

[ticapnews]

50. But such talk is treasonous!

(if it is said by liberals)

[erpowers]

32. Main Reason

That seems to be the main reason he may nominate her. It would be harder to fight against her if she does not have a paper trail.

[still_one]

11. not much to evaluate

in fact because there is much of a trail, I don't think the religious right will be too happy about this nomination. This is a definite unknow justice, who's views are not well known

"Lawyers who know Clement or have tried cases before her describe her as a judicial conservative who leans toward the defense in civil cases, and as a no-nonsense judge who is strict about deadlines and insists on professionalism from lawyers.

Analysts say Clement has not attracted attention for her judicial opinions, so it is unclear which of her decisions, if any, might become the focus of a confirmation battle."

http://www.washingtonpost.com/wp-dyn/content/article/2005/07/01/AR2005070100756_pf.html

I think bush will nominate a much more controversal justice if nothing else to detract from the Plame issue

[deadparrot]

13. Well a nominee that causes a freeper implosion can't be all bad, can it?nt

[Dr.Phool]

16. Yeah, but they're not very smart to begin with.

I distrust anyone who is a member of the Federalist Society.

[Erika]

18. The Federalist Society is the training ground for the

privileged far right with law degrees. It's the conservative elites.

[MissMarple]

21. It may have diluted itself. If you want to play you have to join.

If everyone has to join to get ahead professionally in certain environments... well, most everyone signs up. A deeper check could be a good thing. The Federalist Society may be nullifying it's initial purpose. (Cross fingers, I hope, I hope, I hope)

[Erika]

24. Well, it is getting to the reputation of freeper approved

It's really lost class in the last decade.

[mmonk]

39. You're correct

Nobody is a moderate if they have Federalist Society credentials.

[snowbear]

19. So he can have his cake... and Edith too?

:rofl:

[Warren DeMontague]

23. You must be Pun-ished.

Bad. So Bad.

[alcibiades_mystery]

33. Well, there are known knowns, those things we know about

then there are known unknowns, those things we know we don't know. But there are also unknown unknowns, those things we don't know that we don't know...

I wonder if there are unknown knowns, or those things we don't know that we know.

:evilgrin:

[lavenderdiva]

20. anybody other than me, think Shrub is rushing to nominate...

(if this rumor is true), so that the mainstream media will be diverted from the Rove debacle...

[Warren DeMontague]

22. She looks geezed to the nines on caffeine

on the plus side, though, she's not Roy Moore.

[Syrinx]

25. I think she's attractive, and she's a grad of my school, but

Those aren't exactly great qualifications for the Supreme Court. ;)

The Federalist Society seems pretty extreme to me, but I admit that I don't know a lot about them. But whenever I see someone representing that org on tv, they always seem extreme.

But we all know that Bush isn't going to nominate Lawrence Tribe or Mario Cuomo.

[Name removed]

26. Deleted message

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

[Lecky]

28. WTF!??

That was the most bizarre post I have ever read.

[tritsofme]

29. Ditto...

I don't know what to say...

[Warren DeMontague]

58. Yeah, I was trying to think what to say to that...

Figured I would just leave it alone.

[Gloria]

27. She's damned young....she'll be there sticking it to us FOREVER if

she turns out to be a typial Republica creep appointee.

It would REALLY UPSET ME that a woman who lived through the era of women's rights would reverse those rights!!!!!!!!!!!!

[The Witch]

31. judicial highlights from dkosopedia

Judicial outlook and record
Clement doesn't provide much ammunition for opposition groups, but perhaps not much for conservatives to get excited about either. She hasn't written anything notable off the bench (or at least nothing that's come to light yet), and most of her judicial decisions have been in relatively routine and uncontroversial cases.

Civil Rights and Liberties
For a unanimous panel, allowed a plaintiff who sued the police for violating his right to due process to proceed with his claim that the officers who arrested him used excessive force when they allegedly injured him by slamming the door of their car against his head. Reversed the district court's finding that the plaintiff could also sue for unlawful arrest and excessive force involving the use of handcuffs. (Tarver v. City of Edna, 2005)

:thumbsup:

Environmental Protection and Property Rights
Voted for the 5th Circuit to rehear a decision blocking developers from building on a site where six endangered bug species lived in a cluster of limestone caves. Clement joined a dissent that argued that the decision's rationale for protecting the bugs—to preserve the interdependent web of species—bore no relationship to Congress' power to regulate interstate commerce. (GDF Realty Investments v. Norton, 2004)

:thumbsdown:

Criminal Law
For a unanimous panel, rejected the claim of a man flying to Nigeria that his luggage was unlawfully searched at the border. Clement ruled broadly that customs inspectors need not have probable cause to search the bags of people who are leaving the country. (U.S. v. Odutayo, 2005)

:thumbsdown:

Agreed with a unanimous panel that an asylum applicant who was 20 minutes late to a hearing because he'd taken the wrong highway exit should not have been ordered deported in absentia and was entitled to a new hearing. (Alarcon-Chavez v. Gonzales, 2005)

:thumbsup:


Habeas Corpus
Over a dissent, ruled that a death-row inmate who claimed to be mentally retarded was entitled to a lawyer to develop that claim in a habeas petition. Clement's ruling followed the Supreme Court's 2002 decision barring the execution of the mentally retarded. She followed up with a second opinion that limited the significance of her ruling by stating "this is a fact-bound case." (Hearn v. Dretke, 2004)

:thumbsup:

For a unanimous panel, reversed a decision of the district court finding that a police officer convicted of civil rights violation, for hitting a drunk suspect in the head with his baton, was entitled to a new trial because his lawyer was ineffective. The officer argued that his lawyer erred by failing to call character witnesses to rebut testimony that he'd complained about the need to control Mexicans in the United States. Clement said the rebuttal evidence would have been irrelevant because the officer was not charged with a hate crime. (U.S. v. Harris, 2005)

undecided on this one.

Damage Awards
Over a partial dissent, in reviewing a jury verdict in favor of a man whose wife and 3-year-old daughter were killed in a car crash, affirmed damage awards of $1.9 million for the man's loss of his wife and $1.5 million for the loss of his daughter. Reduced from $200,000 to $30,000 an award to the wife's estate for her pain and mental anguish before her death and eliminated a $200,000 award to the daughter's estate for her pain and mental anguish. (Vogler v. Blackmore, 2003)

undecided on this one.

:thumbsup: : 3
:thumbsdown: : 2
undecided: 2

In other words, possibly OK, but we'll see.

[Jeff In Milwaukee]

35. Thanks For That

I think that, barring any new and explosive revelations, this is a good a nominee as we can expect from this President.

[lumberjack_jeff]

41. The endangered species decision is of concern

Her view on the GDF Realty Investments v. Norton, 2004 dissent appears to be that the Endangered Species Act is inapplicable to a developer who wishes to build in endangered species habitat because it has no relevance to interstate commerce.

I have a hard time envisioning an application of the ESA in which interstate commerce is materially affected. In other words, it would appear to me that SC Justice Clement would hold ESA unconstitutional.

I think this is as good as it gets.

[mmonk]

40. Youth is the plan

They want their change to stick for a long time.

[bunkerbuster1]

45. "Damned young?" she was born the same year as Clarence Thomas

just to keep things in perspective.

[Warren DeMontague]

57. Compared to, say, Stevens, Thomas IS young...

We'll have years and years and years and years and years and years and years of his stellar opinions from the bench.

[TroglodyteScholar]

30. She's not hispanic enough. Are the republicans racist? (n/t)

:eyes:

[derby378]

36. "I shore got a pretty mouth! HYUK!"

Sorry. There's just something about that smile of hers that's creeping me out.

[ewagner]

38. Let's face it

We can't get a true progressive onto the court with Bush in office and the Repubs in charge of the Seante...that's just reality.

This one doesn't seem as bad as some he could nominate. As we used to say, this one is the cream of the crap!

It wouldn't be worth gong to the wall to try to defeat her.

Also, and this is very important, Bush is counting on the nomination to create a controversy to take Rove off the headlines. If the Dems agree with this one, there is NO CONTROVERSY and, hence, no headlines.

[bunny planet]

44. I'm wondering whether something under the radar didn't go down when

Reid and other Senators had breakfast with the blivet last week to discuss consensus on SCOTUS nominees. Is it possible Reid said, we won't go nuts on you over this Rove thing if you only nominate truly moderate candidates for SCOTUS, otherwise all bets are off and we go filibuster on your ass. Dems might have something on him, like what he knew and when he knew it. Just a theory.

Blivet doesn't really care if he alienates his fundaholic portion of the base anymore, he just used them for the election. He only really cares about his rich big business cronies and the neocons, those are the ones he doesn't want to alienate. Of course, Jerry Falwell thinks he owns the Republican party so who knows what kind of shite will hit the whirling metal blades if * doesn't appoint the Lord's Supreme Court justice.

Of course if such a deal was made with Reid behind closed doors, and * does nominate a more moderate justice who'll leave Roe v. Wade alone, Dems should go after him on Rove and Treasongate anyway.:evilgrin:

[genius]

53. Federalists are the worst. If Reid made a deal about Rove,

Reid should be brought up on charges. However, keep in mind that Reid is anti-choice.

[FreeStateDemocrat]

47. AP: Known as a conservative and a strict constructionist in legal circles,

Clement also has eased fears among abortion-rights advocates. She has stated that the Supreme Court "has clearly held that the right to privacy guaranteed by the Constitution includes the right to have an abortion" and that "the law is settled in that regard."

http://www.baltimoresun.com/news/nationworld/bal-court0719,1,1673012.story?coll=bal-home-headlines

[woodleydem]

48. She has stated in the past her support to uphold Roe, so I guess she's

not as bad as one would expect from Bush. The extreme right has also said they probably wouldn't support her nomination, so I suppose she is more moderate.

[delhurgo]

54. Thats not what she means.

She's saying Roe is settled law because the Supreme Court says so, not because thats what SHE believes. All lower court justices have to say that. Even Judge Pryor, a christian conservative, said that, but then added that he thought Roe was "an abomination". John Ashcroft said essentially the same thing when he was appointed AG.

She could still think that Roe V Wade should be overturned, and if she gets on the Supreme Court she would have an opportunity to overturn it.

[woodleydem]

56. Let me re-phrase. She has stated something to the effect of "The Supreme

Court has clearly ruled that abortion falls under the right to privacy guarantee, and it's stated law." That's not an exact quote, but it's essentially what she says. (Her exact quote is in today's Washington Post article I believe) It doesn't mean she wouldn't vote to overturn Roe, but she doesn't seem to be a radical RW pro-lifer either. Her record has been fairly strong pro-business, but she hasn't ruled on any controversial cases. In civil cases, she seems to tilt slightly toward the defendant. As far as the Federalist Society stuff goes, being a law student, I know several students who are members of the Federalist Society. Some are members because they are full-blown conservatives who are anti-Roe, anti-civil rights legislation types, and then there are the "networking" types. The "networking" types are the individuals who are members of the Federalist Society because it gives them opportunities to network with lawyers and move up for career purposes. The "networking" Federalists aren't necessarily ideological extremists, (more pro-business and socially moderate) but are members of the society more for their long-term career than for any belief in the RW stuff the society talks about. I don't know which type of Federalist Edith Clement is, but her judicial record is pretty uncontroversial with fairly unsurprising applications of law. She is definitely a stealth candidate.

[delhurgo]

60. Yeah, I agree. You can't really be sure either way.

And I guess if your a liberal, thats about as good as you could have hoped for. If you're part of the religious right, I would think you have some reason for concern.

Thats a good point about the Federalist Society too. There are libertarians that belong as well as conservatives, and on civil liberties at least, I think you'd find alot of disagreement between the two. If she's the libertarian type, then good, Ill be satisfied with this choice.

We should probably hold our horses though on Judge Clement because the new rumor now is that she's not going to be the pick after all. My money is still on her though. The other Edith would be WW3, and I can't imagine Bush wanting to go through that.

[Lecky]

52. Oooh Fundies are going to be pissed

:popcorn:

[Rosco T.]

51. Chimpy is lobbing us a softball with this one...

.. basically another Sandra Day O'Conner. So when this one goes thru without controversy, he can unleash the REAL NUTCASE for the next one.

(however, if she DOES turn out to be another Souter.. heh heh..)

[FW_]

61. Damn

Damn, Damn, Damn. She went to Tulane. Another one making my alma mater look bad along with Newt, Livingston and Neil Bush. Oh well, at least we got Jerry Springer as an alum!!

[Warren DeMontague]

62. Well, if the Nutcase is to replace Rehquist...

I figure we're 'bout even.