Here's a live and current example; a black, female judge who attended a segregated school system is being dumped on by the left:
Posted on Mon, Oct. 20, 2003 Federal judge nominee faces fightBy Howard Mintz
SAN JOSE MERCURY NEWS
California Supreme Court Justice Janice Rogers Brown's nomination to a prestigious federal appeals court has turned into the latest political and ideological slugfest over the Bush administration's choices for the federal bench.
As Brown prepares for a pivotal confirmation hearing Wednesday in the Senate Judiciary Committee, civil rights groups, women's organizations, black leaders and others are mounting a fierce campaign to torpedo Brown, saying she is too conservative to serve on the Washington, D.C. appeals court.
The Congressional Black Caucus on Friday joined the chorus of opponents, even though Brown is an African-American who rose to the top of her profession from a humble childhood in the segregated South.
Such resistance is considered a strong indication that Brown's nomination will be as contentious as a number of other recent judicial picks by President Bush who've been filibustered by Senate Democrats, effectively dooming their nominations.
The showdown over Brown is expected to be intensified because she is widely considered U.S. Supreme Court material if confirmed to a seat on the U.S. Circuit Court of Appeals.
"This is an active campaign to use scorched-earth tactics to stop a qualified person to be on the federal bench because she has been identified as a potential nominee for a future Supreme Court vacancy," said Viet Dinh, who until June was in charge of screening judicial nominees for the Justice Department.
Brown's critics deny targeting her because she might be bound for the Supreme Court, saying she has established what they call a far-right record on hot-button issues such as abortion rights and affirmative action.
Brown, who has declined comment on her nomination, will have an opportunity to address her critics when questioned by the Republican-controlled Judiciary Committee.
California's two Democratic senators, Dianne Feinstein, a Judiciary Committee member, and Barbara Boxer, have not announced positions on Brown's nomination.
If Brown survives the confirmation fight, it would create a vacancy on the state Supreme Court for Republican Gov.-elect Arnold Schwarzenegger to fill.
Bush nominated Brown in July, shortly after her name was circulated nationally as a possibility for the U.S. Supreme Court if a justice retired. The momentum against her nomination has been building since then, fueled by concerns over her seven-year record on California's high court.
The controversy is familiar terrain for Brown, 54, who inspired opposition when appointed to the state Supreme Court in 1996 by former Gov. Pete Wilson, in part because a State Bar of California commission at the time rated her not qualified for the post.
One of the major rulings cited in the fight over her confirmation is her ruling striking down San Jose's minority-contracting ordinance in the first decision to uphold Proposition 209, which banned public affirmative action programs in the state.
Brown's passionate denunciation of past affirmative-action efforts and court rulings led Chief Justice Ronald George to scold her in a dissent for her "unnecessary and inappropriate" remarks.
Brown wrote a scathing dissent to a 1997 ruling that struck down California's law requiring minors to get parental consent for an abortion.
Experts following Brown's nomination say the situation is similar to the recent confirmation fight over Washington lawyer Miguel Estrada, who, despite a big push to put more Latinos on the federal bench, had to withdraw his name when Democrats filibustered a vote on his nomination.
The Senate must confirm all federal judges, who are appointed for life.
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© 2003 Contra Costa Times and wire service sources. All Rights Reserved.
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