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Another Judicial Appointment Hearing Coming Up

The Senate Judiciary Committee is about to consider another judicial appointment by President Bush--that of Michael McConnell of Utah to the 10th Circuit Court of Appeals.

People for the American Way oppose the appointment for these reasons.

PFAW President Ralph Neas says "On too many constitutional rights and civil liberties issues, Michael McConnell may be the most dangerous Bush administration judicial nominee yet to come before the Judiciary Committee."

PFAW says that confirmation of McConnell, a Law professor and attorney who is strongly favored by Utah Senator Orrin Hatch "would threaten civil rights enforcement, religious liberty, reproductive choice, and other important principles. "

Among PFAW's points:

--"McConnell is unrelentingly hostile to a constitutional right of reproductive choice and privacy. He has advocated for restricting abortion rights wherever possible with the goal of overturning Roe v. Wade. He believes that a "right to privacy" and to "personal autonomy" do not exist under the Constitution. McConnell has opposed the federal Freedom of Access to Clinic Entrances (FACE) legislation, which protects women and clinics against anti-abortion violence, and has expressed admiration for a federal judge who intentionally refused to enforce that law. He even suggested other ways for the judge to evade the law while not technically disobeying it. "

--"McConnell "is hostile to key principles of separation of church and state and argues for extraordinary legal preferences and special rights to be granted to religious organizations."

--"McConnell, an active member of the right-wing Federalist Society, celebrates the current Supreme Court’s series of 5-4 states’ rights rulings, which have impaired the ability of Congress to protect the rights of ordinary Americans and threaten to dismantle many of the legal and social justice gains of the past 70 years. "

--"McConnell opposes the Supreme Court’s landmark ruling that the federal government had the authority to withhold tax-exempt status from Bob Jones University because of its racially discriminatory policies. "

Howard Bashman of How Appealing supports McConnell's Confirmation-- here's why.

Among other things, Howard says:

"McConnell has been nominated to a seat on the Tenth Circuit. With all respect to the fine people who reside in the States within the Tenth Circuit's geographical boundaries -- Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming -- the Tenth Circuit has managed to stay out of the spotlight in recent years, and perhaps since its inception in 1929. If you take a look at a list of the thirty-four individuals who have served as Tenth Circuit judges since 1929, only one has achieved any degree of nationwide fame, and that is because domestic terrorists blew-up a federal building named in his honor back in 1995. ....Adding Michael W. McConnell's name to the end of that list doesn't seem quite so scary after all, does it?"

Maybe because we are in the Tenth Circuit, we find the confirmation of McConnell to be very scary. But we think everyone should.

Howard says McConnell "will testify this Wednesday that his oath of office as a federal judge will require him to honor and apply as precedent all U.S. Supreme Court rulings -- including Roe v. Wade -- whether he agrees with the rulings personally or not."

Of course he will testify that way. He wouldn't get the job if he didn't. Priscilla Owens said the same thing. The real question is will he? And why should we take a chance when there are so many qualified judicial candidates out there without such extremist views? Remember, these are lifetime appointments, there is no taking them back.

We hope the Judiciary Committee examines Professor McConnell closely and doesn't rubber-stamp him to avoid the appearance of being too partisan so closely after rejecting Justice Owens. If Bush is making inappropriate choices in his judicial nominations, the Committee has a duty to reject each poor choice, no matter how many of them there are.

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