Tuesday, July 19, 2005

Habeus Jusdicium - We Have a Judge

Probably a bad attempt at Latin, but I thought it was funny.

The wire services, as well as RealClearPolitics, Drudge, and various MSM sources, are reporting that Bush will make the announcement today, and that the winner is none other than Edith Brown Clement.

A few positives...she seems a fairly straightforward originalist. She is a member of the Federalist Society which allows nothing other than originalists to join. She also is one who seeks to restrict federal power in the public domain. Several of her decisions have opposed the overly broad use of the Commerce Clause which Congress has used over the years to extend its power into areas which are strictly state matters by alleging some tangential affect on interstate commerce. And People for the American Way can't stand her. Always a good sign.

They nitpick a few of her opinions, criticizing more the fact that she disagrees with them, rather than her legal reasoning. Note the fact that they criticize her for making a decision based on federalism grounds, with federalism in quotes, as if that is not a legitimate reason. The Federalist papers were treatises designed to persuade the people to tell their legislatures to ratify the Constitution because the Federal Government would not overreach into state matters and that Federal power would remain limited and checked within itself. But leftists like PFAW reflexively prefer more federal control.

Check Supreme Court Nomination Blog for all sorts of links, but this could be a good thing. She is no ideologue, but she seems to have the staying power of an originalist who has dealt with Federal law for the past 4 years.

And yes, I think she's going to be a certain a filibuster/slime victim by the Dems and the left. Her crime is being a Republican and not believing what those on the far left do.


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