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Here’s the ‘Uncontroversial’ Judicial Nominee the Senate Just Approved by Majority Vote Last Night
National Review ^ | 12/12/2013 | Patrick Brennan

Posted on 12/12/2013 1:24:58 PM PST by SeekAndFind

At about 1 a.m. last night, the Senate voted 51–44 to approve Cornelia Pillard to the D.C. Circuit Court of Appeals. The vote occurred in the middle of the night because the GOP, asserting its minority rights that the Democratic majority has significantly curtailed, is holding a “talkathon” to drag out the process of voting on the nominations before the Senate. This really bothered Rachel Maddow:

CLICK ABOVE LINK TO WATCH THE VIDEO OF RACHEL MADDOW's RANT...

Unfortunately for Ms. “Borders on Obsessed with the Facts” Maddow, Nina Pillard is, objectively, quite far from a “noncontroversial” nominee. She’s probably the most extreme of President Obama’s judicial nominees this year, and has attracted plenty of controversy among the circles that debate D.C. Circuit Court candidates – which is supposed to include the U.S. Senate. Many of the other nominees were indeed not too scandalous, though I’m not sure you’ll have many other chances to see an MSNBC host disparage the who’s nominated to the Equal Employment Opportunity Commission.

But Pillard is just the sort of person that does deserve a great deal of scrutiny from the Senate, and now just needs a party-line bare-majority vote, thanks to Majority Leader Harry Reid’s unilateral change to the chamber’s rules in November. Most Americans may not know just how far out of the mainstream her views are, but here’s a simple piece of evidence: In 2011, she commented at a Georgetown University event on a case before the Supreme Court, Hosanna-Tabor vs. EEOC, in which a Lutheran church was defending churches’ right to be exempt from normal employment-discrimination law. Pillard said the following, ““[The notion that] the Constitution requires deference to Church decisions about who qualifies as a minister . . . seems like a real stretch. . . . The Lutheran Church’s position here is a substantial threat to the American rule of law — it would effectively empower any religion to create its own autonomous Vatican City-­style regime. . . . It is hard to see the Supreme Court deciding that that is what the First Amendment law requires.”

The Supreme Court decided in favor of the church’s protections 9–0. That is, not one of the four (or so) liberal justices on the Supreme Court agreed with a position that Pillard thinks is “hard to see” as anything but the right reading of the First Amendment. This wasn’t a bad prediction, as she disingenuously told the Senate Judiciary Committee — this was her view of the law.

Her legal views, which should worry not just conservatives people with perfectly moderate views too, have come out in more formal ways: In a 2006 law-review article, Pillard argued that the Constitution’s guarantee of equal protection meant that courts should consider whether sex-education classes meet a certain standard of “egalitarian” values. She worries that many programs illegally promote retrograde understandings about gender and sex roles, and may not “affirm the value of sexual pleasure for females as well as males” in a way that satisfies equal-protection law (abstinence-only education, she contends, intrinsically involves stereotyping the sexes). When questioned about this by Republicans on the Senate Judiciary Committee, Pillard denied that she’d done so, despite the clear argument she advances — that it would be within the proper role of courts to examine existing sex-ed curricula and determine whether they promote inadequately equal understandings of sexuality. As NR’s editors wrote in September, “Her application of equal protection asks judges to police curricula not only for excessive stereotyping but also for insufficient affirmation of what amounts to feminist dogma.” Such views, along with her longstanding and well-established desire to yoke American courts to “legal transnationalism” and her dishonesty before the Senate Judiciary Committee, seem to call into question, if not invalidate, her worthiness as a federal judge.

But in Harry Reid’s Senate, last night’s 51 votes will have her seated on the second most important court in the nation, which happens to be underworked and in no need of new judges.

Maddow was right that many of the nominees under consideration this week aren’t themselves controversial — but some of them are, and deserve thorough consideration, if not rejection, which is why the minority is entrusted with the power to force that process. Or rather, was. This week’s extended debateis one way to underscore that the minority now has substantially diminished power to ensure that a nominee such as Pillard is properly examined.

And those uncontroversial nominees, by the way, are being pushed through in a controversial way — Reid is pushing nominees to bipartisan regulatory boards (such as the EEOC, but also a host of others) without waiting for a matching Republican nominee to be put forth by Senate Republicans, as is customary in the Senate.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: judges; senate

1 posted on 12/12/2013 1:24:59 PM PST by SeekAndFind
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To: SeekAndFind

Another leftist loon to assist Barry in his destruction of America.

2 posted on 12/12/2013 1:28:58 PM PST by IbJensen (Liberals are like Slinkies, good for nothing, but you smile as you push them down the stairs.)
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To: SeekAndFind

Anybody placed in any kind of office in the middle of the night, in any capacity, within the federal government, has only been placed there, as another dildo to be utilized against John Q./ Jane Q. Public, period.


3 posted on 12/12/2013 1:29:14 PM PST by Terry L Smith
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To: SeekAndFind

Just the fact that Obama nominated her tells me she isn’t worth a pint of stale owl pee. Rachel Madcow ranting for her just adds to that conclusion.

It seems she needed the Nuclear vote to make it to 51-44.


4 posted on 12/12/2013 1:29:18 PM PST by Venturer (Half Staff the Flag of the US for Terrorists.)
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To: SeekAndFind

Da, the Communist takeover is going vell, comrades.

Vee joost haff to poott zee rite peoples in positions of power.

Vee vill pass thingz in zee middle of zee night.


5 posted on 12/12/2013 1:32:02 PM PST by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: Venturer

Elections have consequences, perhaps the most grave of which are judicial appointments. I don’t think most voters realize this.


6 posted on 12/12/2013 1:32:18 PM PST by opus86
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To: SeekAndFind

Padding the legal system with lifetime appointed left wing nuts will ensure favorable rulings for neo Marxists for years


7 posted on 12/12/2013 1:32:29 PM PST by Farnsworth (Now playing in America: "Stupid is the new normal")
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To: opus86

Most voters don’t even know the tax rate in the city they live in, and think SNL is “news”.

As you already know.


8 posted on 12/12/2013 1:35:19 PM PST by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: SeekAndFind

This really bothered Rachel Maddow: CLICK ABOVE LINK TO WATCH THE VIDEO OF RACHEL MADDOW’s RANT
The Madcow is bothered by anything that does not promote perversion.......


9 posted on 12/12/2013 1:42:39 PM PST by SECURE AMERICA (Where can I go to sign is for the American Revolution 2013 and the Crusades 2013?)
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To: SeekAndFind

This really bothered Rachel Maddow: CLICK ABOVE LINK TO WATCH THE VIDEO OF RACHEL MADDOW’s RANT
The Madcow is bothered by anything that does not promote perversion.......


10 posted on 12/12/2013 1:48:13 PM PST by SECURE AMERICA (Where can I go to sign is for the American Revolution 2013 and the Crusades 2013?)
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To: SeekAndFind

This GOP Talkathon is, although well intentioned, full of holes, and obviously can be evaded by Dirty Harry and the like. The best the GOP can do, (those who really do believe in conservative ideas) would be to PUBLICIZE who is being nominated. Educate the public online, on TV, on cable, Fox and Friends, SPEAK UP BEFORE IT’s TOO LATE, not just after the fact. Educate your peers!!! We will be listening.


11 posted on 12/12/2013 1:48:40 PM PST by lee martell
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To: IbJensen

Hard to tell. Is that a man or a woman?


12 posted on 12/12/2013 1:50:43 PM PST by Patriot Babe
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To: IbJensen

13 posted on 12/12/2013 1:55:20 PM PST by shibumi (Cover it with gas and set it on fire.)
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To: IbJensen

Her head is bent to the left exactly like the William Ayers mug shot.


14 posted on 12/12/2013 2:05:27 PM PST by Zuse
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To: Farnsworth

Can a conservative administration eliminate some of the seats on district courts, as Newt suggested?


15 posted on 12/12/2013 2:07:53 PM PST by PhiloBedo (You gotta roll with the punches and get with what's real.)
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To: PhiloBedo

Who knows. Thing is IF it can be done the reps don’t have the balls to do it.


16 posted on 12/12/2013 2:15:02 PM PST by Farnsworth (Now playing in America: "Stupid is the new normal")
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To: IbJensen

Are there any good looking liberal women?


17 posted on 12/12/2013 2:39:04 PM PST by TangledUpInBlue (I have no home. I'm the wind.)
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To: Zuse

That “girl” wasn’t only dropped as when she was a baby she was dribbled.


18 posted on 12/12/2013 3:16:35 PM PST by John 3_19-21 (Don't like Gramnesty? Support Lee Bright www.brightforsenate.com/)
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To: opus86
Elections have consequences, perhaps the most grave of which are judicial appointments.

However, the social and political culture seems to have deteriorated to the point that no viable "good" candidate exists in the majority of races, certainly including presidential. They differ only in degree of unsuitability, and often by not that much.

19 posted on 12/12/2013 3:24:34 PM PST by steve86 (Some things aren't really true but you wouldn't be half surprised if they were.)
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To: SeekAndFind

Another LIAR—she’ll fit right in.


20 posted on 12/12/2013 3:25:56 PM PST by freeangel ( (free speech is only good until someone else doesn't like it)
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To: SeekAndFind

bkmk


21 posted on 12/12/2013 3:45:36 PM PST by AllAmericanGirl44 ('Hey citizen, what's in YOUR closet?')
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To: TangledUpInBlue

There aren’t any. The good-lookers are lesbians and the ugly ones are insane.


22 posted on 12/13/2013 5:40:50 AM PST by IbJensen (Liberals are like Slinkies, good for nothing, but you smile as you push them down the stairs.)
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To: Patriot Babe

Heshe.


23 posted on 12/13/2013 5:41:23 AM PST by IbJensen (Liberals are like Slinkies, good for nothing, but you smile as you push them down the stairs.)
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To: IbJensen

Another God-hating freedom-loathing Communist dyke.


24 posted on 12/13/2013 5:50:12 AM PST by WashingtonSource
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