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The ABA Plots a Judicial Coup
The Wall Street Journal ^ | August 14, 2008 | WSJ Editorial

Posted on 08/14/2008 3:30:25 PM PDT by groanup

REVIEW & OUTLOOK

The ABA Plots a Judicial Coup

August 14, 2008; Page A12

Some bad ideas never seem to die, especially in the hands of a crafty attorney. That's the story now playing out at the American Bar Association, which voted at its annual meeting this week to endorse a version of "merit selection" for federal judges. What we have here is the latest lawyer-led attempt to strip judicial selection from future Presidents.

According to the proposal, future federal judges would be selected not by an elected President, but with the aid of home-state Senators and a bipartisan commission that would provide a list of recommended nominees for judicial vacancies. The White House would then select a candidate from the preapproved list. The commission would be created by the two Senators from each state to offer up consensus choices for federal nominees.

The point of all this, says the ABA's incoming President Thomas Wells, is to avoid "really rancorous debates" in the confirmation process and make sure vacancies aren't left to languish indefinitely. The bar association has also enlisted former Supreme Court Justice Sandra Day O'Connor to push for an expansion of merit selection at the state level as an alternative to judicial elections -- which the bar loathes because voters can be so darn unpredictable.

We admire Mr. Wells's high-mindedness. But surely he must have heard that merit selection merely takes the partisan politics out of the public eye and into backrooms stocked with political insiders. In states that have adopted the ostensibly nonpartisan system, it has given disproportionate influence to the state trial bars that control selection commissions and have steadily marched state courts to the left.

That may not be Mr. Wells's intention, but it's no accident that outfits like the George Soros-bankrolled Justice at Stake...

(Excerpt) Read more at online.wsj.com ...


TOPICS: Constitution/Conservatism; Editorial; Front Page News; News/Current Events; US: Alabama
KEYWORDS: 2008; aba; coup; democrats; fundedbysoros; judicialnominees; judiciary; liberals; meritselection; soros; thomaswells; triallawyers
If you don't want every future Federal judge to be chosen from a list pre approved by leftists you'd better write your congressmen and senators.
1 posted on 08/14/2008 3:30:26 PM PDT by groanup
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To: groanup

From a business perspective this stinks of bad corporate governance as the lawyers will have their fingers in who will decide their cases. Not good.


2 posted on 08/14/2008 3:32:20 PM PDT by kevinm13 (The Main Stream Media is dead! Rush the Vote. Operation Chaos rules. "Global Warming" is a HOAX!)
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To: kevinm13

In Georgia it is common practice for lawyers to contribute to judges’ election campaigns. I know that’s not as bad as some states but I don’t like it a damn bit.


3 posted on 08/14/2008 3:36:44 PM PDT by groanup (Here, bend over and let me give you my carbon footprint.)
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To: groanup

A lawyer friend of my girlfriend’s was telling me just a couple weeks ago that he was studying abroad in Istanbul, and Ruth Bader Ginsberg was there as a guest lecturer for a week.

He said “I actually heard her say, and I quote ‘if the legislative body doesnt do what needs to be done, then it’s up to the judicial body to do it.’”

I was in shock. The I realized it was RBG and I came to.


4 posted on 08/14/2008 3:40:04 PM PDT by Zeppelin (Keep on FReepin' on...)
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To: markomalley

ping


5 posted on 08/14/2008 3:40:46 PM PDT by Arthur Wildfire! March ("The internet needs a gatekeeper," The Cackling Comeback Witch aka Hillary Rod-ham [Clinton])
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To: groanup

Absent an Amendment a list provided by the ABA can only be advisory and the President is still free to ignore it.


6 posted on 08/14/2008 3:50:49 PM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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To: groanup

How about a deal? Merit selection of federal judges in exchange for stripping judges of lifetime appointments.

That is, rotten judges like Alcee Hastings no longer would need to be impeached, but could be removed for cause by the President.


7 posted on 08/14/2008 3:50:50 PM PDT by yefragetuwrabrumuy
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To: groanup

H. Thomas Wells Jr., a partner and founding member at Maynard, Cooper & Gale, P.C., in Birmingham, Ala., was chosen as the association’s president-elect at its August 2007 annual meeting in San Francisco and will become president in August 2008.

Wells has a litigation practice with emphasis on complex environmental, toxic tort law and products liability cases.

Wells lives in Birmingham with his wife Jan. The couple’s two children, Lynlee Wells Palmer and H. Thomas “Trey” Wells III, are also lawyers in Birmingham and active ABA members.


8 posted on 08/14/2008 3:56:51 PM PDT by kcvl
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To: kcvl
...emphasis on complex environmental, toxic tort law and products liability cases.

I wonder how much tobacco money he got. Was Alabama a settlement state? Smokers are probably still paying for his vacation home.

9 posted on 08/14/2008 4:01:49 PM PDT by groanup (Here, bend over and let me give you my carbon footprint.)
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To: groanup

First rule of judicial selection should be that no lawyers are allowed to have anything to do with it...... :^)


10 posted on 08/14/2008 4:03:36 PM PDT by Enchante (If oil was botox then Nancy Pelosi would have us drilling everywhere!!! (hat tip, STARWISE))
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To: groanup

They would have to amend the Constitution first. Advise and consent never meant that the President had to pick from a preapproved list.

I quit the ABA 20+ years ago. They are a bunch of leftist idiots.


11 posted on 08/14/2008 4:05:27 PM PDT by keepitreal ("I'm Barack Obama and I approve this message. . . until I don't.")
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To: groanup
If you don't want every future Federal judge to be chosen from a list pre approved by leftists you'd better write your congressmen and senators.

Let's see now. If I write my senators, that would be, Durban and ... there's another one.

Oh yeah. Obama.

Sometimes it's damed rotten to be an Illinoisan.

12 posted on 08/14/2008 4:05:57 PM PDT by Barnacle (Communists and Jihadists were at odds...Then came Barack.)
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To: Enchante
First rule of judicial selection should be that no lawyers are allowed to have anything to do with it...... :^)

Exactly. Why do we allow lawyers to write the laws that we have to pay them to interpret? Seems like a conflict of interest for any lawyer to serve in Congress.

13 posted on 08/14/2008 4:08:58 PM PDT by groanup (Here, bend over and let me give you my carbon footprint.)
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To: groanup
If you don't want every future Federal judge to be chosen from a list pre approved by leftists you'd better write your congressmen and senators.

It's OK with me as long as Harriet Myers makes the list.

/sarcasm

14 posted on 08/14/2008 4:12:35 PM PDT by Barnacle (Communists and Jihadists were at odds...Then came Barack.)
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To: Barnacle

We just such a system here in MO to replace MO Supreme Court justices/ supreme court vacancies...trust me, you want NO part of it.

The supposedly ‘non-partisan’ committee nominees always look decidedly liberal, and this severely limits the options for the elected Executive.


15 posted on 08/14/2008 5:21:43 PM PDT by Ethrane ("semper consolar")
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To: Ethrane
We just such a system here in MO to replace MO Supreme Court justices/ supreme court vacancies...trust me, you want NO part of it.

Coming to a federal government near you.

16 posted on 08/14/2008 5:37:25 PM PDT by Barnacle (Communists and Jihadists were at odds...Then came Barack.)
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To: groanup

We have judges (RATS) retiring just before elections so Granhole can appoint another RAT to run as incumbent and no attorney will challenge. Checking contribution records, selected judges contribute to Granhole and RAT state senators who pushed. Just a disgusting bunch of crap. I am sure Repubs do it to but it is crap. However, our Repub “judge” replace another of the same persuasion when the first one retired at the election and the next fellow was elected against RATS.


17 posted on 08/14/2008 5:48:00 PM PDT by threeoeight
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To: groanup
This is the reason ALL judges must be elected by the people at large.

Appointment by one man, or ten men, or 100 men, is simply the denial of the franchise to 280 million citizens.

Democracy here; democracy now; no justice; no peace!

18 posted on 08/14/2008 6:09:17 PM PDT by muawiyah
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To: Barnacle
Barnacle Said...

Let's see now. If I write my senators, that would be, Durban and ... there's another one.

Just yanking your chain crusty one! LOL!

19 posted on 08/14/2008 8:24:16 PM PDT by Randy Larsen ( BTW, If I offend you! Please let me know, I may want to offend you again!)
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To: Randy Larsen
LOL
20 posted on 08/14/2008 8:37:53 PM PDT by Barnacle (Communists and Jihadists were at odds...Then came Barack.)
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To: groanup

RESTORE DEMOCRACY - MAKE JUDGES RECALLABLE BY VOTERS. HAVE VOTERS SELECT JUDGES.


21 posted on 08/14/2008 9:58:11 PM PDT by WOSG (http://no-bama.blogspot.com/ - NObama, stop the Hype and Chains candidate)
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To: groanup

btt


22 posted on 08/14/2008 10:02:34 PM PDT by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: keepitreal
They would have to amend the Constitution first. Advise and consent never meant that the President had to pick from a preapproved list.

I quit the ABA 20+ years ago. They are a bunch of leftist idiots.

The leftists at the ABA never got one dime of my money, due initially to their stance on the 2nd Amendment, and later on to my realization that it wasn't just on the 2nd that they were just like the ACLU.

Oh, and any President with any smarts and b@lls will tell the ABA where to stick their list of approved judges...and win big points with the general public by putting the trial lawyers in their place.

23 posted on 08/15/2008 6:44:26 AM PDT by Ancesthntr (An ex-citizen of the Frederation dedicated to stopping the Obomination from becoming President)
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To: groanup

Where the h#ll does the Constitution mention the ABA, anyway? They should have no say in the process whatsoever.


24 posted on 08/15/2008 6:48:01 AM PDT by Antoninus (McCain/Palin in 2008!)
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To: groanup
to push for an expansion of merit selection at the state level as an alternative to judicial elections -- which the bar loathes because voters can be so darn unpredictable.

Actually a very good idea. It's not that voter's are unpredictable; that's not it at all. They are very predictable, it's just that they keep electing stupid people who aren't qualified to be judge.

25 posted on 08/15/2008 6:51:29 AM PDT by Publius Valerius
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To: Publius Valerius

voters. No apostrophe.


26 posted on 08/15/2008 6:52:08 AM PDT by Publius Valerius
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To: WOSG

We are NOT a democracy. Were NOT meant to be a democracy. Stop calling to restore soemthing that never was or meant to be.


27 posted on 08/15/2008 6:56:37 AM PDT by RoadGumby (Ask me about Ducky)
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To: kevinm13
In speech to Planned Parenthood in July 2007, said he would sign Freedom of Choice Act to enshrine Roe in federal law

By Peter J. Smith

WASHINGTON, D.C., February 28, 2008 (LifeSiteNews.com) - Barack Obama, the young, dynamic contender for the US Democratic presidential nomination, is continuing to send strong signals to members of his party that he is the strongest anti-life candidate for the Democratic presidential nomination.

At the last Democratic debate before the March 4 primary showdown in Texas and Ohio that could effectively decide the Democratic nominee, both Sen. Hillary Clinton - a fierce abortion supporter who is aspiring to be the first female president of the United States - and Sen. Obama - who is vying to be the first black US president - were asked which votes they would take back in their senatorial careers. Clinton cited her vote for the Iraq war; Obama said his vote for Terri Schiavo.

“It wasn't something I was comfortable with, but it was not something that I stood on the floor and stopped. And I think that was a mistake,” Obama said at the debate. “And as a constitutional law professor, I knew better ... and I think that's an example of inaction, and sometimes that can be as costly as action.”

Obama was referring to his vote in March 2005, when the Senate passed a bill by unanimous consent that permitted Schiavo’s parents and brother to make their case before federal courts to keep their brain-injured daughter alive via feeding tube. Terri Schiavo’s husband Michael, who had guardianship over her while engaged in public adultery with a girlfriend, had a state judge remove her feeding tube, dehydrating her to death, because he claimed she never wanted to live in a so-called persistent vegetative state (PVS).

“Everyone with a disability, or who knows someone with a disability, should be outraged that a potential US president would so callously reject his own action taken in favor of life over death,” Terri's father, Robert Schindler said in a statement released to the press by the Terri Schindler Schiavo Foundation. “Is it so incredulous that a family had the ‘audacity of hope’ to believe its government would care about one profoundly disabled woman? It is a shame that Senator Obama, who claims to embody ‘hope,’ is crushing it for the families of people with profound disabilities.”

Obama has been riding a surge of support and enthusiasm among Democratic voters after having won 11 straight primary contests over Clinton. He leads the delegate count, and now seems poised to take the nomination from Clinton.

However, Obama has been seizing the mantle of the Democratic Party's pro-death wing, where once Clinton held an unassailable position as all-but crowned abortion nominee. Despite the fact that 10 influential feminists and leaders of the abortion movement endorsed Clinton last week, Frances Kissling, former president of the abortion advocacy group Catholics for Free Choice and dubbed the “philosopher of the pro-choice movement”, came out strongly in favor of Obama, saying that he, not Clinton was the better candidate to “complete the social transformation promised by Roe.” (http://www.lifesitenews.com/ldn/2008/feb/08021910.html)

Obama has an extremely anti-life record that verges into the realm of condoning infanticide, including repeated votes during his career in the Illinois Senate against bills that would have protected babies that survived an abortion. Obama voted against the Born Alive Infants Protection Act numerous times on the basis that it might infringe on women's rights or abortionists’ rights.

“Thanks to all of you at Planned Parenthood for all the work that you are doing for women all across the country and for families all across the country-and for men, who have enough sense to realize you are helping them, all across the country,” Obama told supporters.

In a speech to Planned Parenthood activists in July 2007, Obama made clear that he would sign the Freedom of Choice Act to enshrine Roe in federal law, include Planned Parenthood in a universal health-care scheme, increase funding for sex-education and contraceptives, and select judges in the mold of Ruth Bader Ginsburg.

Pro-life advocates may discover that Barack Obama’s rhetorical abilities may make him a more powerful abortion president than the acrimonious Hillary Clinton, who, despite having more political accomplishments as First Lady and a US Senator for the abortion movement, has suffered considerably in the polls in part to her inability to overcome Obama’s charm and oratory skill.

“I am absolutely convinced that culture wars are so nineties; their days are growing dark, it is time to turn the page,” Obama said in July. “We want a new day here in America. We're tired about arguing about the same ole’ stuff. And I am convinced we can win that argument.”

See related coverage by LifeSiteNews.com:

“Philosopher of Abortion Movement” Says Obama A Better Choice than Hillary
http://www.lifesitenews.com/ldn/2008/feb/08021910.html

See transcript of Obamaa’s speech to Planned Parenthood in 2007
http://lauraetch.googlepages.com/barackobamabeforeplannedpar...

Schiavo Foundation Laments Obama’s “Mistake” Comment on Terry Schiavo
http://www.zenit.org/article-21905?l=english

28 posted on 08/16/2008 9:31:18 AM PDT by cpforlife.org (A Catholic Respect Life Curriculum is available FREE at KnightsForLife.org)
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