While rich liberals in the media have been busy projecting various issues of theirs upon President Bush and Tom DeLay, and perma-depressed conservatives have been dodging the falling skies, the Prez and the GOP caucus in the U.S. Senate have been stacking under the radars several of the nation’s federal appeals courts.
One of those courts is the 10th Circuit Court of Appeals – on which the Prez and Senate have seated four conservative/Republican circuit judges.
One of those judges is Michael McConnell.
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Despite having worked for the Reagan administration and then for Reagan’s Justice Department, and despite being known in legal circles as an outspoken conservative professor at the Univ. of Chicago’s law school, Judge McConnell sailed through the Senate on a voice vote back in Nov. 2002. Yep, right after the MediaCrats got hammered in those mid-term elections.
In this case, a panel of the 10th Circuit threw out a Constitutional claim by an animal rights group related to protest permits at the 2002 Salt Lake City Winter Olympics.
Judge McConnell wrote an interesting concurring opinion. Among several money quotes was this gem:
This case is reminiscent of the coroner’s verdict in The Wizard of Oz: It’s not only merely moot, it’s really most sincerely moot.
Yeah, *that’s* the kinda’ attitude I want out of my federal judges, Chuckie.
In this case, Judge McConnell threw out a gender discrimination/sexual harassment claim.
Here Judge McConnell affirmed the dismissal of various Constitutional and statutory claims by a state prisoner.
In this case, Judge McConnell concurred but wrote separately about a dispute in which the appellate panel reversed an injunction a lower court had granted in favor of a claimant under the ADA regarding the {dreaded} Law School Admissions Test.
The money quote:
Unlike some ADA accomodations . . . . it is imperative that standards for [ADA] accomodations [on the LSAT] be uniform and fairly administered . . . . Moreover, assuming [the Plaintiff] establishes that she is entitled to an accomodation, the parties should put on evidence regarding the amount of extra time needed to put her on equal footing, but not give her an unjustified advantage on a test for which every student would benefit from extra time.
McConnell ain’t a bleeding heart “librule,” that’s for certain.
I could go on and on, but I’ll stop right there.
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On a different but related topic, having the ability to nominate *and then confirm* McConnell-style judges is one of the primary reasons why participating in U.S. Senate elections matters a great deal, regardless whether the salient candidate meets each and every possible “litmus test.”
On the flip side of that coin, the media/Democrats/left wing figured that out decades ago.
That’s why they fought so hard in the Senate against Bork, Doug Ginsburg, Clarence Thomas, Owen, Pryor, Rogers Brown, et al. That’s also why they won’t ever stop cheating in U.S. Senate elections, e.g., Corpse of Carnahan/Ashcroft, the “Torricelli Switch,” Landrieu/Jenkins, Thune/Johnson, etc.
Every seat and vote in the Upper Chamber count. The Democrats know that all too well.
But a material percentage of conservatives still haven’t grasped those truisms.
That’s one of several primary reasons why we still get Salazar vs. Pete Coors-style election results in the Senate – 25 years after the “Reagan revolution.” Of course, in the time-honored tradition of all {ahem} “conservative” Democrats, Salazar got elected by a state which twice voted for Prez Bush, but then he started doing such things as: voting in favor of Dianne Feinstein’s proposed tax hikes (defeated by the GOP), voting against spending restraints (passed by the GOP), and voting against the nominations of Janice Rogers Brown, Priscilla Owen, and John Bolton.
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I honestly don’t know whether conservative political junkies ever will start voting en masse. Frankly, it might never happen. No matter what the Democrats say or do. Many conservatives are hard-wired to defeat their own causes.
But I can tell you one thing:
Above all others the one person in the country who’s hoping upon hope conservatives continue staying home and not voting is:
{the greatest commodities trader of all time}
-- Jayson