oracle
07-24-2002, 03:29 PM
The Owen Nomination (http://www.washingtonpost.com/wp-dyn/articles/A53632-2002Jul23.html)
Editorial
Washington Post
Wednesday, July 24, 2002; Page A18
THE NOMINATION of Priscilla Owen to the 5th Circuit Court of Appeals creates understandable anxiety among many liberal activists and senators. The Texas Supreme Court justice, who had a hearing yesterday before the Senate Judiciary Committee, is part of the right flank of the conservative court on which she serves. Her opinions have a certain ideological consistency that might cause some senators to vote against her on those grounds. But our own sense is that the case against her is not strong enough to warrant her rejection by the Senate. Justice Owen's nomination may be a close call, but she should be confirmed.
Justice Owen is indisputably well qualified, having served on a state supreme court for seven years and, prior to her election, having had a well-regarded law practice. So rather than attacking her qualifications, opponents have sought to portray her as a conservative judicial activist -- that is, to accuse her of substituting her own views for those of policymakers and legislators. In support of this charge, they cite cases in which other Texas justices, including then-Justice Alberto Gonzales -- now President Bush's White House Counsel -- appear to suggest as much. But the cases they cite, by and large, posed legitimately difficult questions. While some of Justice Owen's opinions -- particularly on matters related to abortion -- seem rather aggressive, none seems to us beyond the range of reasonable judicial disagreement.
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Click here to read more (http://www.washingtonpost.com/wp-dyn/articles/A53632-2002Jul23.html)
Editorial
Washington Post
Wednesday, July 24, 2002; Page A18
THE NOMINATION of Priscilla Owen to the 5th Circuit Court of Appeals creates understandable anxiety among many liberal activists and senators. The Texas Supreme Court justice, who had a hearing yesterday before the Senate Judiciary Committee, is part of the right flank of the conservative court on which she serves. Her opinions have a certain ideological consistency that might cause some senators to vote against her on those grounds. But our own sense is that the case against her is not strong enough to warrant her rejection by the Senate. Justice Owen's nomination may be a close call, but she should be confirmed.
Justice Owen is indisputably well qualified, having served on a state supreme court for seven years and, prior to her election, having had a well-regarded law practice. So rather than attacking her qualifications, opponents have sought to portray her as a conservative judicial activist -- that is, to accuse her of substituting her own views for those of policymakers and legislators. In support of this charge, they cite cases in which other Texas justices, including then-Justice Alberto Gonzales -- now President Bush's White House Counsel -- appear to suggest as much. But the cases they cite, by and large, posed legitimately difficult questions. While some of Justice Owen's opinions -- particularly on matters related to abortion -- seem rather aggressive, none seems to us beyond the range of reasonable judicial disagreement.
...
Click here to read more (http://www.washingtonpost.com/wp-dyn/articles/A53632-2002Jul23.html)