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A Judge With No Agenda
Jewish World Review ^ | 7/11/05 | John Leo

Posted on 07/11/2005 12:26:33 PM PDT by pookie18

Edith Jones, A Fifth Circuit judge and possible Supreme Court choice, argues that the "reigning legal philosophy" is responsible for the bitter politics that surround judicial nominations. Jones charged that legal elites ("mandarins of the law") have long since come to view the courts as agents of social change. Federal judges, and later state judges, caught on to this heightened view of their power. Then, as judge-made law invaded politically sensitive areas, it provoked a political reaction. Jones thinks it will take decades to repair the damage and return to assessing Supreme Court nominees according to their brains and fairness rather than their propensity (or lack of it) for advancing their politics on the bench. According to Jones, writing in the University of Richmond Law Review, "The restoration of more civil and objective selection processes will not occur until the reigning legal philosophy becomes less ambitious and overweening." This will come about, Jones says, only "when the rule of law is again tethered to respect for the executive and legislative branches of government, to traditional legal craftsmanship, to continuity, to moral values, and to limited social aims."

(Excerpt) Read more at jewishworldreview.com ...


TOPICS: News/Current Events
KEYWORDS: edithjones; fifthcircuit; johnleo; judge; scotus
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1 posted on 07/11/2005 12:26:35 PM PDT by pookie18
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To: pookie18

It is so weird to see folks campaign for the high court.


2 posted on 07/11/2005 12:32:12 PM PDT by kingu
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To: pookie18
I think that she'd be one of the best possible picks for the SCOTUS.

That said I'm equally as sure that Bush doesn't have the balls to nominate her because the loony left considers her to be an "exceptional circumstance" that would undoubtedly require a filibuster that I'm sure Bush feels our spineless majority can't deal with.

Too bad!

3 posted on 07/11/2005 12:33:49 PM PDT by skimbell
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To: pookie18; kingu

She's good.

I don't know if she's "campainging" or not, but a few days ago there was quite a long article about a speech she gave at Harvard. You ought to check it out.


4 posted on 07/11/2005 12:34:53 PM PDT by little jeremiah (A vitiated state of morals, a corrupted public conscience, are incompatible with freedom. P. Henry)
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To: little jeremiah
I'd like to see both Ediths on the high court, but I doubt that will happen without giving the liberals a good replacement for their side. Alas, I suspect their idea of a good replacement would be Rick Hansen.
5 posted on 07/11/2005 12:38:48 PM PDT by kingu
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To: little jeremiah

Remember any thing about the posted article? Posted on FR?


6 posted on 07/11/2005 12:39:15 PM PDT by listenhillary (Don Rumsfeld - Next US supreme court - Will Dem heads explode?)
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To: pookie18

I looked over the front running candidates, and to all appearances she would be one of the best.


7 posted on 07/11/2005 12:56:46 PM PDT by Cicero (Marcus Tullius)
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To: little jeremiah; Cicero; skimbell; kingu; All

http://www.renewamerica.us/news/050710jones.htm


8 posted on 07/11/2005 1:04:08 PM PDT by pookie18 (Clinton Happens...as does Dr. Demento Dean, Bela Pelosi & Benedick Durbin!!)
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To: listenhillary

http://www.renewamerica.us/news/050710jones.htm


9 posted on 07/11/2005 1:04:51 PM PDT by pookie18 (Clinton Happens...as does Dr. Demento Dean, Bela Pelosi & Benedick Durbin!!)
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To: listenhillary

It was posted on FR just a few days ago, and I pung it out to one of my pinglists. I'll try to find it and put a link here.


10 posted on 07/11/2005 2:06:22 PM PDT by little jeremiah (A vitiated state of morals, a corrupted public conscience, are incompatible with freedom. P. Henry)
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To: Dog Gone; Ernest_at_the_Beach; Gophack; ElkGroveDan; Dark Wing
This is critical. The same judicial philosophy which brought us Roe v. Wade has caused the Supreme Court to violate separation of powers in national security matters, notably Rasul v. Bush.

It is time to end the judicial branch's independence, with term limits for federal judges and retention elections for the Supreme Court. This will require that state legislatures call for a convention to suggest amendments to the Constitution.

I suggest a twelve-year term limit in any one judicial position, with promotion but not reappointment not being possible, and a twenty-year limit on service in federal judicial office regardless of promotion. I.e., a person may be appointed as a federal district court judge, serve there for ten years, and then be promoted to the federal circuit court of appeals where he'll be termed out after ten years.

I'd have retention elections for the U.S. Supreme Court, based on a state's electoral votes rather than popular votes, and have it affect the entire court rather than individual judges - the ballot would read, "Should the justices of the United States Supreme Court be retained in office?" (with a yes/no vote). Every few years (I favor two years given that the Supremes monkeying with national security in intelligence matters could get thousands of us killed) this would appear on federal ballots.

I'd make it the entire Court rather than individual justices because at the national level there just isn't, and can't be, name identification for judges the way there is for presidential candidates. It is the Court as a whole which is an issue, not an individual candidate for President. We want Supreme Court justices to focus on their day jobs, not getting their name identification across to voters.

The original John Leo article here appears in U.S. News at:

http://www.usnews.com/usnews/opinion/articles/050718/18john.htm

11 posted on 07/13/2005 10:35:27 AM PDT by Thud
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To: kingu; pookie18

Read my No. 11.


12 posted on 07/13/2005 10:37:38 AM PDT by Thud
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To: little jeremiah
I pung it out to one of my pinglists

The past tense of ping is pang. A pung is a low, one-horse box sleigh.

13 posted on 07/13/2005 10:45:37 AM PDT by ElkGroveDan (I'm sick and tired of being sicked and tired!)
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To: Cicero

yup , but perhaps she just lobbied herself out of contention [/srcsm]


14 posted on 07/13/2005 10:50:22 AM PDT by Dad yer funny
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To: ElkGroveDan

Are you positive it isn't "panged" with an "ed"?

Or "pungified"? I guess "pungified" is when you're the object and not the subject, or is it the other way around? I was always rotten at grammar rules.

:-)

How's the weather in Sac?


15 posted on 07/13/2005 11:02:48 AM PDT by little jeremiah (A vitiated state of morals, a corrupted public conscience, are incompatible with freedom. P. Henry)
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To: ElkGroveDan

Awesome prayer on your profile page!


16 posted on 07/13/2005 11:05:46 AM PDT by little jeremiah (A vitiated state of morals, a corrupted public conscience, are incompatible with freedom. P. Henry)
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To: listenhillary

Here is a link to the article about the speech she gave at Harvard:

JUDGE EDITH H. JONES Tells Harvard Law School: "American Legal System Is Corrupt Beyond Recognition"

http://www.freerepublic.com/focus/f-news/1438496/posts

I can't figure out how to have more than 20 comments on my "comments" page. It totally sucks. It makes it really hard to find anything.


17 posted on 07/13/2005 11:13:13 AM PDT by little jeremiah (A vitiated state of morals, a corrupted public conscience, are incompatible with freedom. P. Henry)
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To: little jeremiah
How's the weather in Sac?

Unbelievably hot. It's been in the high 90s to low 100s all week.

18 posted on 07/13/2005 11:19:28 AM PDT by ElkGroveDan (I'm sick and tired of being sicked and tired!)
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To: little jeremiah

Thanks

It doesn't say "Show more results" at the bottom of the page?


19 posted on 07/13/2005 11:20:01 AM PDT by listenhillary (Don Rumsfeld /Karl Rove - Next US supreme court justices - Will Dem heads explode?)
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To: listenhillary

It says it all right, but there's no "hand" and nothing happens even if I bang my mouse with all my might. I even went to a preferences page and managed to change the number of replies on a thread to 100, but my comments are at 20. And since I run 2 ping lists, I get so many a day stuff gets lost.

:-(


20 posted on 07/13/2005 1:57:41 PM PDT by little jeremiah (A vitiated state of morals, a corrupted public conscience, are incompatible with freedom. P. Henry)
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