Romney’s Record on Judicial and Legal Appointments: Can he be trusted to appoint conservatives?

Summary: Mitt Romney’s record as Governor does not indicate a commitment to a conservative judicial philosophy.

His judge appointees revealed at best “no philosophical or partisan pattern” (Boston Globe), or at worst a liberal and even radical tilt. He sought out feminists and radical homosexual groups in his judicial selection process. He was inconsistent in his pronouncements on judicial activism, allowing it to occur under his watch (with “gay marriage”) while simultaneously urging others to fight it. How then could we expect him to keep his recent promises to appoint constitutional conservatives to the bench if he is elected President?

What sort of attorneys would he name to his Justice Department? As Governor, his Chief Legal Counsels advised him to implement unconstitutional policies: implementing “gay marriage” without legislative authorization, and forcing Catholic hospitals to dispense morning-after abortion pills.

In National Review’s latest round of cheerleading for Mitt Romney, columnist Ramesh Ponnuru revealed his high expectations for Romney’s judicial appointments if he becomes President:

A President Romney’s judicial nominees would be superior to President Obama’s simply because he would not be trying to stack the bench with liberal activists. But they are likely to far exceed that low bar. Each Republican president since the Nixon-Ford era has nominated a higher percentage of conservatives as justices to the Supreme Court than his predecessor. That’s mostly a testament to the growth and development of the conservative legal network. Romney is likely to look for nominees whom conservative lawyers like — Robert Bork is a top adviser — who are professionally accomplished, and who cannot be portrayed as extreme. If Republicans hold the Senate they will almost certainly be confirmed. If they do not, they will probably be confirmed. [1]

Are Ponnuru’s hopes well grounded? An examination of Romney’s record as Governor of Massachusetts (Jan. 2003-Jan. 2007) might lead one to very different expectations, or at least plant serious doubts. The Boston Globe reported in July 2005:

Romney, who is considering a run for the Republican nomination for president in 2008, has cast himself to GOP audiences as a lonely Republican voice in an overwhelmingly Democratic state. But his judicial appointments led one out-of-state activist to suggest the choices might hurt Romney among Republican voters. Observers in the Bay State legal community, meanwhile, said they see a contradiction between Romney's judicial choices and his conservative rhetoric, including his stated opposition to same-sex marriage. [2]

Most of Governor Romney’s judicial appointees were not conservative. The Boston Globe’s July 2005 “review … of Romney's judicial picks detected no philosophical or partisan pattern.” He “passed over GOP lawyers for three-quarters of the 36 judicial vacancies he has faced [as of July 2005], instead tapping registered Democrats or independents including two gay lawyers who have supported expanded same-sex rights.” [3]

You can’t trust Romney period... She what his own state leaders said about him below. If the media, especially faux, would report the truth on him, he would be gone by now, but the media on the right is just like the media on the left. Only romney.

Here is one reason I refuse to vote for Romney. He is just like Obama, he is claiming to be someone he is not.

1. A Stern Warning to the “Conservative Elites” about Mitt Romney
Published by Peter LaBarbera at 1:00 pm under ’Pro-Family’ Compromise, Romney
Contact: John Haskins
JHaskins@ParentsRightsCoalition.org
508-480-0705

A Stern Warning to the “Conservative Elites” about Mitt Romney

Through their silence, the elites are assisting a political cancer that has profound consequences for our children and grandchildren

We write the following because we must oppose the deception of the American people by powerful and influential conservatives. Many in the conservative grassroots no longer trust the “conservative” media, lawyers and leaders, whom they see as serving the GOP establishment regardless of the will of the conservative base, regardless of the truth.

Most of us are not allied with any presidential candidate. But we are troubled by the unethical and Orwellian cover-up of Mitt Romney’s role in catastrophic events in Massachusetts, once the cradle of American liberty. Actions he took as governor were beyond the pale. As Romney twice explained to the homosexual “Log Cabin” Republicans, it would take a Republican to enact their agenda (www.boston.com/news/politics/politicalintelligence/2006/12/romneys_thought.html ).

Attorneys, journalists and pundits must be fearless and selfless watchdogs of politicians and guardians of democracy. This is a sacred trust that is being defiled. Silence about ugly truths, such as the points enumerated below, is a betrayal of the lofty status we claim in a constitutional republic. Pay the price of courage. Tell America the truth.

Phony Pro-Life “Conversion”

Issue # 1. Mitt Romney established abortion as a “healthcare benefit” in his own government-run healthcare plan at $50 per abortion — after his supposed “pro-life conversion.” (http://www.mahealthconnector.org/portal/binary/com.epicentric.contentmanagement.servlet.ContentDeliveryServlet/About%2520Us/Connector%2520Programs/Additional%2520Resources/cc_benefits1220_pt234.pdf ;;;) He created a permanent, official government role for an unelected Planned Parenthood representative on the health care board.

Issue #2. Romney’s well-timed “pro-life” conversion for the Republican primary pulled a “states’ rights” committment out of nowhere to hedge his political bets. His claim that states’ rights trump the unalienable right to life is inconsistent and unprincipled: he simultaneously opposes an amendment to protect human life, but claims to support one to preserve marriage! What happened to Romney’s committment to “states’ rights?”

Issue #3. Unforced by anyone, Romney overruled his own Commissioner of Public Health and lied about state law in order to compel Catholic hospitals to issue abortifacient pills — in violation of their freedom of religion enshrined in the United States and Massachusetts Constitutions. Using exactly the crafty political theatre he employed to cover his actions on same-sex “marriage” and homosexual adoption, Romney posed as defender of the very thing he was destroying, gallantly “asking” the legislature to create a special “religious exemption” for Catholic institutions. Even Democrat former governor Mike Dukakis publicly agreed with Romney’s commissioner of public health that state law already grants a “religious exemption.”

“Gay Marriage,” Gay Adoption and Pro-Homosexuality Propaganda In Schools

Issue #1. In another flagrant lie about the law, Romney told Catholic Charities’ adoption and foster agency they had to give children to homosexuals even when normal mother-father families were lined up to give them a home. Again, he deployed his standard smokescreen, gallantly proposing a “special exemption,” with a wink of his eye to the militantly pro-homosexuality legislature. Again, he got caught. Former governor Dukakis pointed out that the “state law” that Romney was citing as requiring gay adoption was non-existent. It was merely an executive regulation that a governor can rescind with a few strokes of his pen. Romney was apparently fulfilling secret 2002 campaign promises (http://massresistance.blogspot.com/2007/12/is-romney-working-with-log-cabin.html ;;;) to Republican homosexual power brokers whose endorsement he coveted and received. He had sought no backing from social conservatives.

Issue #2. Romney says the Boy Scouts should accept homosexual scoutmasters and that homosexuals have “a legitimate interest” in adopting or producing and raising children.

Issue #3. Though Romney pretends he opposed homosexual “marriage,” he did the opposite. In 2002 he opposed a marriage amendment that would have prevented homosexual “marriage.” 120,000 citizens, including his wife, son and daughter-in-law signed the amendment petition. Romney’s militant pro-homosexuality Republican predecessor, Governor Jane Swift, and Democrat legislators openly violated the constitution to deny the citizens their right to vote on the amendment. Even the ultra-liberal Massachusetts court ruled that they were violating their oaths and the Constitution. Romney failed to oppose their subversion of the law or to defend the people’s right to amend their own Constitution. ( www.lifesite.net/ldn/2007/may/07051409.html )

Issue #4. Since the notorious Goodridge court opinion discovering a constitutional right to “gay marriage,” Romney has methodically lied about the judges’ legal authority and his own legal duty to enforce the Constitution. As professor of jurisprudence Hadley Arkes pointed out, under the state Constitution, the court has no jurisdiction over marriage law. An opinion issued without jurisdiction is legally void and cannot be “enforced.” Romney also knew that the same judges had recently admitted they have no power over the legislature or governor.

The Legislature never “obeyed” the judges by changing the marriage statute to legalize “gay marriage.” Under the state constitution that was the end of the line. The court neither ordered nor even suggested any intervention by the governor. Many lawyers and law professors (including Hugh Hewitt:http://massresistance.blogspot.com/2007/12/hugh-hewitt-told-romney-to-defy-mass.html ;;;) told Romney to ignore the unconstitutional Goodridge opinion and embarrass the judges. Mysteriously, Romney rejected their advice. Why? The New York Times finally revealed four years later that, to win a coveted endorsement, Romney secretly promised the homosexual Log Cabin Republicans in 2002 that he would not defend the constitution against an illegal attempt by the judges to sneak same-sex “marriage” past the voters. ( www.nytimes.com/2007/09/08/us/politics/08romney.html?_r=3&hp=&oref=slogin&pagewanted=print&oref=slogin )

When the Legislature did not legalize homosexual “marriage,” to fulfill his secret promise, Romney claimed that the judges had. This is a blatant lie plainly refuted by the state constitution Romney swore to uphold! He quickly found willing “conservative” lawyers, pundits and “pro-family leaders” to back him up. Rather than challenge the motives, integrity and “expertise” of their own friends and colleagues, most of the conservative establishment suddenly went silent. Ignoring his oath to faithfully enforce the statutes, Romney ordered officials to violate the marriage statutes and perform homosexual “marriages.” His Department of Public Health illegally bypassed the legislature by changing the marriage certificates from “husband” and “wife” to “Party A” and “Party B.”

Romney gave orders that illegally usurped the exclusive constitutional authority of the Legislature, as proven in this devastating “Letter to Governor Mitt Romney from Pro-Family Leaders.” (www.massresistance.org/docs/marriage/romney/dec_letter/letter.pdf ). He violated multiple Articles of the Massachusetts Constitution, including one of the most vital principles of American government, which John Adams stated more forcefully than anywhere else in American law:

“In the government of this commonwealth…the executive shall never exercise the legislative and judicial powers, …the judicial shall never exercise the legislative and executive powers, …to the end it may be a government of laws and not of men. — Article XXX, Part The First

We deplore the glaring refusal of the “conservative” establishment to face the implications of a devastating article by a leading constitutional scholar, illuminating why pro-establishment attorneys have covered up Romney’s unconstitutional actions:

“The deeper failure must go to the man who stood as governor, holding the levers of the executive. And if it is countdown for marriage…it is countdown also for Mitt Romney, whose political demise may be measured along the scale of moves he could have taken and the record of his receding, step by step… [I]t became clear that even conservative lawyers had come to incorporate, and accept, the premises that gave to the courts a position of supremacy in our constitutional schemes.” — Hadley Arkes, Professor of Jurisprudence, Amherst College ( The Missing Governor, National Review Online May 17, 2004 )

We equally deplore the refusal to acknowledge the obvious truth in highly respected conservative attorney Phyllis Schlafly’s assessment:

“Massachusetts public officials … are groveling before the four judges… (Romney) said: ‘We obviously have to follow the law as provided by the [Court] and … decide ‘what kind of statute we can fashion which is consistent with the law.’
But what ‘law’? There is no law that requires or even allows same-sex marriages.” — Phyllis Schlafly ( It’s Time To Rebuke The Judicial Oligarchy (EagleForum.org, Dec. 3, 2003 )

Schlafly was right, as any honest and competent lawyer knows. The Massachusetts Constitution powerfully refutes Romney’s entire story that the judges changed marriage law and forced him to give unconstitutional orders:

“[T]he people of this commonwealth are not controllable by any other laws than those to which their constitutional representative body have given their consent.” Article X, Part the First of the Massachusetts Constitution

“The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the legislature…” Article XX, Part the First of the Massachusetts Constitution

Mitt Romney created homosexual “marriage.” His “conservative” legal experts are aggressively covering up both his role and the plain language of the Supreme Law of the Commonwealth of Massachusetts.

Issue #5. Though Romney admitted the Goodridge opinion was not based on the Constitution and that the judges had exceeded their power, he opposed a citizen’s drive to remove the four rogue judges who violated their oaths. ( http://massresistance.blogspot.com/2007/09/iowa-patriots-seek-to-remove-gay.html ;;;)

Issue #6. Though Romney says same-sex “marriage” will damage religious freedom and harm children, who need both a mother and a father, he personally issued more than 190 special one-day certificates to allow homosexual “marriages” to be performed by legally unqualified persons. He claims he was “just applying the marriage statutes evenly.” But as Phyllis Schlafly reminded America, and even the outlaw Goodridge judges admitted, the Massachusetts statutes do not allow homosexual “marriages,” despite Romney’s false claim that the court “legalized” homosexual “marriage. Moreover, a governor is not obliged to issue any special marriage certificates to anyone. Since Romney says same-sex “marriage” will harm children and erode religious freedom, why did he violate the marriage statutes and issue hundreds of special permits? (www.massresistance.org/docs/marriage/romney/record/ )

Issue #7. As governor, to please Massachusetts’ militant homosexual groups, Romney aggressively BOOSTED government funding for pro-homosexuality indoctrination, starting in kindergarten. He refused to defend schoolchildren and parents’ rights against this indoctrination. He refused to order his education officials to obey the law guaranteeing that parents’ can protect their children from sexual brainwashing. ( www.massresistance.org/docs/marriage/romney/record/ ) This is a continuation of his views since 1994 when he opposed congressional efforts to protect children by banning federal funding to public schools that encourage “homosexuality as a positive lifestyle alternative.” His deference to militant homosexual groups’ “right” to indictrinate other people’s children was jaw-dropping:

“I think that’s a dangerous precedent in general. I would have opposed that. It also grossly misunderstands the gay community by insinuating that there’s an attempt to proselytize a gay lifestyle on the part of the gay community. I think it’s wrong-headed…” (www.boston.com/news/politics/politicalintelligence/2006/12/romneys_thought.html )

With their silence about the illegal actions and toxic legacy of Mitt Romney, the elites are assisting a political cancer that has profound consequences for our future. If anyone has convinced themselves that so-called “same sex marriage” is a fringe issue and not a grave threat to the rule of law and to children they should read Maggie Gallagher’s stunning article “Banned in Boston.” They should also investigate the pro-homosexuality indoctrination of Massachusetts children (“It’s 1984 in Massachusetts – And Big Brother Is Gay”) which had been covert, but in the aftermath of Romney’s illegal orders imposing homosexual marriage, is swallowing up parents’ most fundamental right to protect their children and control their moral education. To remain silent about the re-engineering of the human family and child psychology, and the active and dishonest role Romney has played, is a dereliction of our highest duties.

We are among those who believe that same-sex “marriage,” homosexual adoption and pro-homosexuality indoctrination of schoolchildren hasten the decline of Western Civilization in its most crucial aspects, whether the elites face that and comprehend it or not. Yet many who have the greatest obligation are cowering in the shadows or even aiding the deception. Our silence is a fatal abdication of duty to our children and future generations, a breech of faith. It is a betrayal of the honor of young soldiers dying overseas for principles that we decided in our hearts long ago require no profound sacrifice from the elites.

The truth is this: Mitt Romney’s fictional defense of natural marriage, childhood innocence, life in the womb and constitutional governance is sustained only by our silence in the face of overwhelming propaganda. Edmund Burke famously said, “All that is necessary for evil to triumph is for good men to do nothing.”

Dante went further: “The hottest places in hell are reserved for those who in times of great moral crises maintain their neutrality.”

It is very telling of today’s “conservatism” — an endless regression of sophist ironies and nuances, dissolving, in the end, into absolutely nothing at all — that dire warnings from ancient voices seem like faint, distant echoes bouncing absurdly against rock walls far below our feet, beneath a precipice that we scaled long ago in the conceits of our modern conservative minds.

To continue in silence or in support of the craftiness and ruthless ambition of Willard Mitt Romney betrays generations past, present and future, including our own children and grandchildren.

Pay the price of courage, friends. Tell America the truth.

Sincerely,

Judge Ned Kirby (ret.), former Assistant Minority Leader, Massachusetts Senate
Atty. Edgar Kelley, former Assistant United States Attorney, Massachusetts District
Atty. “Robert Paine,” author: “The Governor’s New Clothes; How Mitt Romney Brought Same-Sex Marriage To America”
Dr. William Greene, President, RightMarch.com
Dr. Ted Baehr, Chairman, Christian Film and Television Commission
Linda Harvey, President, Mission America*
Gary Glenn, President, American Family Association of Michigan*
Michael Heath, Executive Director, Christian Civic League of Maine*
Ray Neary, Director, Pro-Life Massachusetts (former President, Massachusetts Citizens for Life)
John O’Gorman, Member of the Board of Directors, Massachusetts Citizens for Life
Peter LaBarbera, Founder, Republicans For Family Values; President, Americans for Truth*
Diane Gramley, President, American Family Association of Pennsylvania
John Haskins, The Parents’ Rights Coalition
Gregg Jackson, Co-host, “Pundit Review,” author: “Conservative Comebacks to Liberal Lies,” contributor, TownHall.com,
William Cotter, President, Operation Rescue: Boston*
Brian Camenker, President, MassResistance
Mark Charalambous, Spokesman, CPF-Fatherhood Coalition, Massachusetts
Nedd Kareiva, President, Stop the ACLU Coalition
Phillip Magnan, President, Biblical Family Advocates
Rev. Earle Fox, D. Phil, (Oxford), President, Road to Emmaus, School of Judeo-Christian Apologetics (www.theroadtoemmaus.org)
Janet Folger, author, columnist, President, Faith2Action
Michael W. Calsetta, Former President, Conservative Democratic Alliance
Allyson Smith, Director, Americans for Truth-California*

* For identification purposes only. All persons are signing as concerned private citizens. This information is solely for educational purposes and not in support of any candidate.

The irrefutable proof that Romney’s “conservative” lawyers are lying to America:

“Letter to Governor Mitt Romney from Pro-Family Leaders.”

www.massresistance.org/docs/marriage/romney/dec_letter/letter.pdf

“Governor’s New Clothes; How Mitt Romney Brought Same-Sex Marriage To America,” by Robert Paine, Esq. http://robertpaine.blogspot.com/2006/06/governors-new-clothes-how-mitt-romney_17.html

The most thorough documentation of Mitt Romney’s record anywhere is at:http://massresistance.org/romney/
Contact: John Haskins
JHaskins@ParentsRightsCoalition.org
508 480-0705

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Article is quite long, but an educational read into what kind of judges and justices we will expect if Romney ( now the front runner ) wins the presidency