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Dianne Feinstein: of all the nominations contested in the past few weeks, Justice Brown's is the clearest cut. Justice Brown has given…

On the recordJune 8, 2005
of all the nominations contested in the past few weeks, Justice Brown's is the clearest cut. Justice Brown has given numerous speeches over the years that express an extreme ideology that is far outside the mainstream of American jurisprudence. In those speeches, Justice Brown used stark hyperbole, and startlingly vitriolic language which has been surprising, especially for a State supreme court justice. But statements alone would not be enough for me to oppose her nomination. Rather, my concern is that her personal views drive her legal decisionmaking. On far too many occasions, she has issued legal opinions based on her personal beliefs, rather than existing legal precedent. I am troubled that Justice Brown is bound by her personal views of what the law should be rather than following the law as written and enacted. This is especially troubling for a candidate who is being nominated to the D.C. Circuit Court of Appeals. The D.C. Circuit is an especially important court in our Nation's judicial system. It is recognized as the most prestigious and powerful appellate court below the Supreme Court because of its exclusive jurisdiction over constitutional rights and government regulations. Given this exclusive role, the judges serving on this court play a special role in evaluating government actions. Each year, the Supreme Court routinely reviews fewer than 100 cases. Therefore, circuit courts, like the D.C.…
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Dianne Feinstein
Democratic · California

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