No Independence on Senate Judiciary Committee; Justice Priscilla Owen Failed Pro-Choice Litmus test.(OPED)(SWEET LAND OF LIBERTY)

The Washington Times (Washington, DC), September 16, 2002 | Go to article overview

No Independence on Senate Judiciary Committee; Justice Priscilla Owen Failed Pro-Choice Litmus test.(OPED)(SWEET LAND OF LIBERTY)


Byline: Nat Hentoff, THE WASHINGTON TIMES

Once again, the Senate Judiciary Committee has taken it upon itself to be the sole judge and jury of a presidential judicial nomination - rejecting, on 10-9 party-line vote, Texas Supreme Court Justice Priscilla Owen for the Fifth Circuit Court of Appeals.

Also rejected was a proposal to send the nomination to a full Senate vote, where there was a strong likelihood that she would be confirmed. I was particularly disappointed that Wisconsin Sen. Russ Feingold - the only senator with the constitutional courage to vote against the USA Patriot Act - joined the party-line vote on both counts.

My own judicial heroes have been Louis Brandeis, William O. Douglas, William Brennan and Hugo Black. I do not have a conservative bent in these matters. In this confrontation, I watched Justice Owen's hearing before the committee on C-SPAN and researched her rulings. I disagree with a number of her decisions, but I came to the same conclusion as a July 24 editorial in The Washington Post, hardly a bastion of conservatism, that "Justice Owen is indisputably well-qualified. . . She is still a conservative. And that is still not a good reason to vote her down."

When the Bush administration decided to largely ignore the American Bar Association's ratings of judicial nominees, Democrats in the Senate were indignant because they wanted the ABA to continue to be involved. But here comes Priscilla Owen with a unanimous rating of "well-qualified" by the American Bar Association.

But when she was voted down by the Democratic majority on the Judiciary Committee, Senate Democratic Leader Tom Daschle of South Dakota, hardly a renowned constitutional scholar, said, "The message is this: We will confirm qualified judges. Don't send us unqualified people."

Justice Owen was attacked for her "ideological extremism" by members of the committee, who were bullying her, such as New York Sen. Charles Schumer. But their real message was that they wanted to be sure how she would vote on the Fifth Circuit on their own ideological priorities, such as teen-agers and abortion. Yet, her rulings on parental consent for teen-agers desiring abortions are, she told them, in line with Supreme Court decisions.

Moreover, national polls I've seen show a large majority of Americans in favor of parental consent for abortions. Yet, Democrats on the committee charged that Justice Owen is "out of the mainstream."

There were other objections, but as Nina Totenberg reported on National Public Radio, "Democrats put her abortion record front and center, portraying it as hostile to abortion rights. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

No Independence on Senate Judiciary Committee; Justice Priscilla Owen Failed Pro-Choice Litmus test.(OPED)(SWEET LAND OF LIBERTY)
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.