Mr. President, tomorrow the Senate will vote to move forward with the President's nominee to join the Seventh Circuit Court of Appeals. It is a new low that sets a dangerous standard for judges who have the power to make critical decisions that impact the everyday lives of the people we serve. Take a look at Judge Michael Brennan's record. At his hearing, he refused to acknowledge the ways our criminal justice system is biased against Americans of color. He made statements condoning judicial activisim. He argued that judges are justified in not following precedent if they feel it was incorrectly decided. Think about that for a minute. I am not a lawyer, but I understand this about our courts: A judge who feels no obligation to follow precedent laid out by higher courts is not a judge; that is someone who has ceased to be bound by any standards guiding a judge. Precedent is the backbone of our legal system. Saying that judges can disregard it if they feel it is incorrect would be a radical departure. Think about how this could work. In a Brennan court, it could be OK for a judge not to follow a Supreme Court decision like Brown v. Board of Education, which desegregated schools, as long as that judge--in this case, I guess, Judge Brennan--believes the case was incorrect. If you disregard precedent, decades of legal progress could be rolled back. The well- established rights of so many Americans would be at risk.…
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