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Feminist Court Watch

Bush's Judicial Nominations: Stacking the Courts

President Bush has stated that he will nominate "strict constructionists" to fill vacancies in the federal courts, and that, in his view, "Roe v. Wade was a reach that overstepped the Constitutional bounds." Bush has said that he would model his judicial appointments after Justices Scalia and Thomas, the two most ardent anti-choice votes on the Supreme Court. There are 167 judges occupying lifetime positions in the 12 Circuit Courts. Bush is seeking to stack the courts with far right ideologues by nominating staunchly conservative, anti-abortion, anti-women's rights judges to fill federal court vacancies.

As of June 25, 2005, President Bush has 5 nominations pending and 8 confirmations to the Circuit Courts of Appeals, the court level just below the Supreme Court. At least 10 of the 15 appellate nominations receive negative ratings based on their views on abortion rights and access and/or civil rights for minorities and women. Bush is stacking the federal courts with conservative, anti-choice judges. Already, 214 of Bush's federal court nominees on both the district and circuit court levels have been confirmed.

In addition, one of Bush's nominees, who was confirmed to the federal district court level, J. Leon Holmes, is so particularly egregious we came out in opposition to his nomination.

Worst of Bush's Pending Nominations

Name

Circuit

State

Abortion Rights/Civil Rights/
Women's Rights

Overall

Claude A. Allen

4th

VA

Feminist Victory! 12/8/05 Nomination Expired
Jan 16, 2005 Appointed Bush's Domestic Policy Advisor.
▪ Opposes a woman’s right to safe, legal abortion.
▪ Supported restrictions on abortion rights including waiting periods and requirements for biased information.
▪ Helped draft Virginia’s parental notification law and vocal supporter of abstinence-only sex education programs.
▪ Served as board director of an organization that opposes litigation including divorce and suits by children who have been sexually abused by members of the clergy.
TAKE ACTION Join the Million4Roe Campaign

Terrence Boyle

4th

NC

6/15/05 Voted out of Judiciary Committee by 10-8 party line vote

▪February 14, 2005 Bush Renominates Boyle
▪ December 23, 2004 Bush Announces He Will Renominate Boyle
▪ Ruled for whites and against African Americans in two voting rights cases-reversed both times
▪ Ruled against women in a Title VII sex discrimination case-reversed
TAKE ACTION Join the Million4Roe Campaign

Janice Rogers Brown

DC

DC

6/8/05 Confirmed by Senate

▪February 14, 2005 Bush Renominates Brown
▪ December 23, 2004 Bush Announces He Will Renominate Brown
Feminist Victory! 11/14/03 Senate Democrats Block Brown's Nomination
▪ In her public speeches, bitterly critizes the legal theory that underlies the right to privacy, abortion, and access to birth control.
▪ Voted to protect racist speech in the work place under the First Amendment.
▪ Interpreted California's proposition 209 to include a ban on outreach to women and minorities.
TAKE ACTION Join the Million4Roe Campaign

Miguel Estrada DC DC

Feminist Victory! 9/4/03 Estrada Withdraws His Nomination
▪ Has not demonstrated a commitment to women's rights or civil rights.
▪ Refused to answer questions about his position on abortion rights or basic civil rights.

D. Michael Fisher 3rd PA

12/9/04 Confirmed by Senate

▪ Disagrees with modern legal theory that underlies the right to privacy,
abortion, and access to birth control
▪ Voted in favor of California's parental notification law
▪ Voted to protect racist speech in the work place under the First Amendment
TAKE ACTION Join the Million4Roe Campaign

Thomas B. Griffith
DC DC

6/14/05 Confirmed by Senate

▪ February 14, 2005 Bush Renominates Griffith
▪ December 23, 2004 Bush Announces He Will Renominate Griffith
▪ Record of hostility to key components of Title IX, the federal law prohibiting sex discrimination in education programs or activities receiving federal financial assistance.
▪ Proposed elimination of critical "substantial proportionality" test for compliance which is one of three ways to determine whether schools provide female and male students with equal opportunities to participate in athletics.
▪ Let Washington, DC law license lapse, and has been pratising law in Utah for past four years without a license.
TAKE ACTION Join the Million4Roe Campaign

J. Leon Holmes Not applicable:
US District Court, Eastern District of Arkansas
(AR)

7/6/04 Senate Confirms Holmes
▪ Believes Roe v. Wade and Planned Parenthood v. Casey decided wrongly.
▪ Served as Secretary for the Unborn Child Amendment Committee, a group working to pass a state constitutional amendment outlawing all abortions from conception to birth except when the woman's life is in danger, with no exceptions for rape, incest or the woman's health.
▪ In a 1997 article, he wrote, ".a wife is to subordinate herself to her husband."
TAKE ACTION Join the Million4Roe Campaign

Carolyn B. Kuhl

9th

CA

Feminist Victory! 12/23/04 Kuhl Withdraws Her Nomination
▪ Signed onto brief urging that Roe be overruled
▪ Argued in favor of domestic gag rule
▪ Supported tax exempt status for Bob Jones University
TAKE ACTION Join the Million4Roe Campaign

William G. Myers III

9th ID

3/17/05 Voted out of Judiciary Committee by a 10-8 party line vote

▪ February 14, 2005 Bush Renominates Meyers
▪ December 23, 2004 Bush Announces He Will Renominate Myers
Feminist Victory! 7/21/04 Senate Democrats Block Myers' Nomination
▪ Strongly favors a retreat from the right to privacy, on which the rights to birth control and abortion rest.
▪ Has repeatedly shown himself to be against environmental protection and the rights of Native Americans.
▪ Believes the right to property is as important as the rights to free speech and equal protection.
TAKE ACTION Join the Million4Roe Campaign

Priscilla Owen

5th

TX

5/25/05 Confirmed by Senate

▪ February 14, 2005 Bush Renominates Owen
▪ December 23, 2004 Bush Announces He Will Renominate Owen
January 2003: Renominated by President Bush

September 2002 : Nominee Defeated in Committee
▪ Voted to narrow and eliminate buffer zones around a group of Texas abortion clinics
▪Consistently voted against minors trying to use the judicial bypass provision of Texas' parental notification
TAKE ACTION Join the Million4Roe Campaign

Judge Charles Pickering 5th MS

December 8, 2004 Pickering Announces His Retirement
January 2004: Bush Makes Recess Appointment

January 2003: Renominated by President Bush
March 2002 : Nominee Defeated in Committee
▪ Voted in favor of a convention to propose a constitutional amendment to ban abortion
▪ Chaired the subcommittee of the National Republican Party that approved a plank calling for an amendment to the U.S. Constitution to make abortion illegal
▪ Opposed the Equal Rights Amendment
▪ The Los Angeles Times officially opposes Pickering's nomination
TAKE ACTION Join the Million4Roe Campaign

Bill Pryor

11th

AL

6/9/05 Confirmed by Senate

▪February 14, 2005 Bush Renominates Pryor
February 2004: Bush Makes Recess Appointment
▪ Considers Roe v. Wade "the worst abomination of constitutional law in our history"
▪ Leader in promoting states' rights over the rights of those who have been discriminated against
▪ Supported display of 10 Commandments in state building
TAKE ACTION Join the Million4Roe Campaign

Justice Diane Sykes 7th WI

6/24/04: Senate Confirms Nomination
▪ Praised anti-abortion extremists on trial before her and issued unusually lenient sentences even though they had a history of numerous similar arrests.
▪ Misled Senate Judiciary Committee about her knowledge of the defendants' criminal history.
▪ Refused to answer written questions from the Senate Judiciary Committee about whether Roe v. Wade and Griswold v. Connecticut had been decided correctly.
TAKE ACTION Join the Million4Roe Campaign

 

 

   


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