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LAT/AP:Ct. Speculation Centers on Female Judge(Edith Clement, 5th Circuit)

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DeepModem Mom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 09:09 AM
Original message
LAT/AP:Ct. Speculation Centers on Female Judge(Edith Clement, 5th Circuit)
Edited on Tue Jul-19-05 09:12 AM by DeepModem Mom
Court Speculation Centers on Female Judge
By DEB RIECHMANN, Associated Press Writer


WASHINGTON -- President Bush is close to making his first nomination to the Supreme Court, and Washington was abuzz with speculation Tuesday about Judge Edith Clement of the U.S. Court of Appeals in New Orleans.

There was no word from the White House on when Bush would disclose his selection but officials familiar with the process said it appeared an announcement was imminent. No one claimed to have been told the name by Bush, but Republican strategists and others focused on Clement, a 57-year-old jurist who was confirmed on a 99-0 vote by the Senate when she was elevated to the appeals court in 2001....

***

Known as a conservative and a strict constructionist in legal circles, Clement also has eased fears among abortion-rights advocates. She has stated that the Supreme Court "has clearly held that the right to privacy guaranteed by the Constitution includes the right to have an abortion" and that "the law is settled in that regard."

The officials said all of the candidates on Bush's short list are judges, both men and women; there had been speculation that he might put a nonjudicial political figure on the bench.

In a sign that Bush was getting close to naming his pick, Sen. Arlen Specter, R-Pa., chairman of the Judiciary Committee, was called to the White House on Monday. Specter, who would lead the confirmation process in the Senate, has said he hopes Bush selects a moderate jurist....


http://www.latimes.com/news/nationworld/wire/ats-ap_top11jul19,0,706290.story



"Clement, 57, is considered conservative but has not left much of a paper trail. Lawyers interviewed for the Almanac of the Federal Judiciary described her while a district judge as pro-government, pro-business and pro-defendant in civil cases."

WP: Five From the 5th Circuit Mentioned for High Court
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/18/AR2005071801251.html?sub=AR
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papau Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 09:11 AM
Response to Original message
1. just how anti-Abortion is Edith Joy Clement

finds from google:

"I received the following email this morning from a reliable source and long-time SA reader:

Morning ....,

Our office got a call yesterday from __________ of the with questions on Judge Clement. She’s on the short-short list, apparently, and she’s one of us. Things are looking good!"

and:

Profile of Potential Supreme Court Nominee - Judge Edith Brown Clement
Brief biography:
Judge Clement currently sits on the U.S. Court of Appeals for the Fifth Circuit. Prior to her appointment by President George W. Bush, she was a judge on the U.S. District Court, Eastern District of Louisiana (1991-2001) and a lawyer with Jones, Walker, Waechter, Poitevent, Carrere & Denegre in New Orleans (1975-1991).

Judge Clement was born in Birmingham Alabama in 1948. She attended the University of Alabama and Tulane Law School. She clerked for Judge Herbert W. Christenberry, a U.S. District Court judge for the Eastern District of Louisiana.

Notable opinions:
A majority opinion in Vogler v. Blackmore, 352 F.3d 150 (5th Cir. 2003), reducing a jury verdict for pain and suffering damages to the estates of a mother and three-year old daughter killed when an eighteen-wheel tractor trailer crossed the highway center-line and ran over their car. The damages to the mother were reduced from $200,000 to $30,000 and the pain and suffering award for the daughter was eliminated entirely based on the lack of specific evidence about the daughter's "awareness of the impending collision."

and
So Long Sandra, Hello Edith?

July 11, 2005 Supreme Court Vacancies

<snip>Edith Jones has the sharper definition as a conservative, tagged as pro-life in her perspective, and she is bound to draw the heaviest fire. Joy Clement, in contrast, would be a harder target: Her own specialty was in maritime law; she has not dealt, in her opinions, with the hot-button issues of abortion and gay rights; and she has stirred no controversies in her writings or in her speeches off the bench. She would be the most disarming nominee, and it would be a challenge even for Ralph Neas or Moveon.org to paint her as an ogre who could scare the populace. The main unease would come in the family of conservatives: If people don't know her personally, they will suspect another Souter or Kennedy. For they have seen the hazard in relying on the assurances given even by the most reliable conservatives, who claim they can vouch for the nominee. <snip>


And what is that most important work? For the conservatives, the most consequential shift would come in flipping the decision on Stenberg v. Carhart (2000) and upholding the federal ban on partial-birth abortion. Either one of the Ediths would guarantee that outcome; and in my own reckoning, such a decision on partial-birth abortion would virtually bring to an end the Roe v. Wade regime. For it would send up a signal to legislatures throughout the country that the Court was now open for business in sustaining many varieties of restriction on abortion. They might be measures to require the method of abortion most likely to preserve the life of the child, or measures actually to bar abortions late in pregnancy, or abortions ordered up because of the likely disabilities or afflictions of the child (e.g., Down's syndrome, spina bifida). Just whether or when Roe v. Wade is actually, explicitly overturned may cease to matter quite as much. For in the meantime, the public would have the chance to get used to a continuing train of laws restricting and regulating abortion. Ordinary people would be drawn in to talk again about the circumstances under which abortions may be justified. And that talk, among ordinary folk, will become more and more common because those they elect, sitting in local legislatures, will be enfranchised again to pass laws and make judgments on these matters.

If that sense of things is right, then it could make a notable difference if the decision that upholds the law on partial-birth abortion -- and the decision turning the law on abortion onto a different axis -- were written and announced by a woman. That is not to give in to the small-mindedness that is everywhere about us. For there are enough clichés abounding, tagging the right to abortion as "a woman's right." The cliché masks the fact that women, in the aggregate, have ever been more reserved about abortion than men, and that the strongest support for abortion has steadily come from middle- and upper-class white men. When the Court begins to explain again the grounds for protecting children in the womb, that account may produce a more lasting resonance if the explanation comes from a woman. At the same time, we could only run the risk of feeding the worst clichés in our politics if the only woman on the Court was Ruth Ginsberg, and if the Voice of the Woman on the Court spoke only in the accents of the Left. The commentators who have been clamoring these days for "balance" on the Court have not exactly been clamoring for a balance between women. And yet it would be no descent into a low politics to show that a woman’s perspective may express itself in an attachment to the moral tradition and to a conservative jurisprudence. <snip>
=====================================================================================

The implication is that this is the best Bush will offer up! Does not seem much of a compromise until you think about Edith Jones of the 5th! So should we be cheering somebody who is for reducing liability judgements and would nibble away at regulating abortions to make Roe v. Wade irrelavant?



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Gloria Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 01:15 PM
Response to Reply #1
18. What's "SA" that these people are longtime readers of?
eom
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Mr.Green93 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 09:16 AM
Response to Original message
2. Woo Hoo!
In Your Face Fundies. She has stated that the Supreme Court "has clearly held that the right to privacy guaranteed by the Constitution includes the right to have an abortion" and that "the law is settled in that regard."

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RummyTheDummy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 10:30 AM
Response to Reply #2
7. If this is indeed how she feels.....
And I have no reason to believe otherwise, you could be looking at a civil war, final showdown type deal withn the GOP. I love it.
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DeepModem Mom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 04:07 PM
Response to Reply #7
19. The reaction of Bush's "base" would indeed be interesting --
but other posters seem to point to possible confusion re. her abortion stand. The statement in this article, however, seems pretty clear.
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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 10:55 AM
Response to Reply #2
10. Confused as usual here.
Isn't the point they are making that she would be inclined to chip away at abortion which would in effect overturn Roe v Wade?
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October Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 10:56 AM
Response to Reply #2
11. Where did you find that quote?
It seems to go against what I've read about her...

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Mr.Green93 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 11:12 AM
Response to Reply #11
12. Here
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October Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 01:01 PM
Response to Reply #12
16. Thank you!
Edited on Tue Jul-19-05 01:10 PM by October
I still can't find it....what's wrong with me?
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October Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 01:14 PM
Response to Reply #16
17. OK, I found it elsewhere...link
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LuckyTheDog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 09:21 AM
Response to Original message
3. Court Speculation Centers on Female Judge
Edited on Tue Jul-19-05 09:20 AM by LuckyTheDog
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/19/AR2005071900138_pf.html

By DEB RIECHMANN
The Associated Press
Tuesday, July 19, 2005; 10:07 AM

WASHINGTON -- President Bush is close to making his first nomination to the Supreme Court, and Washington was abuzz with speculation Tuesday about Judge Edith Clement of the U.S. Court of Appeals in New Orleans.

There was no word from the White House on when Bush would disclose his selection, but officials familiar with the process said it appeared an announcement was imminent.

Asked whether he expected an announcement, Senate Majority Leader Bill Frist, R-Tenn., said Tuesday, "I don't know, but I don't think so."
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Julius Civitatus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 09:42 AM
Response to Reply #3
5. She is from the Federalist Society: Scalia, Thomas, Coulter, Ken Starr...
Robert Bork, Linda Chavez, Spencer Abraham, Orrin Hatch, Ted Olson, Viet Dinh, John Ashcroft, Richard Mellon Scaife, Michael Chertoff, and many more ultra-right wing loonies. It gives you an idea of the type of mentality she may have.

Also, keep in mind most of Bush's judicial appointments have been members of the Federalist Society. It seems like it's an ongoing trend. She's a young Federalist, meaning Bush will place an extreme conservative in the SC for the next 30 years or more.

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AlGore-08.com Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 09:40 AM
Response to Original message
4. The AP wire version claims Smirk might announce his appointment today
http://news.yahoo.com/s/ap/20050719/ap_on_go_su_co/scotus_bush

Court Speculation Centers on Female Judge

(snip)

White House officials, who spoke on condition of anonymity because they were not authorized to talk publicly about the process, said Bush's timetable appears to have been accelerated and that a choice could come as early as Tuesday.
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Logician Donating Member (69 posts) Send PM | Profile | Ignore Tue Jul-19-05 10:04 AM
Response to Original message
6. Perfectly Rovian
No paper trail, no accountability. Perfectly Rovian.

I am sure that the deal has been struck and Clement will vote accordingly when the SCOTUS is called to hear cases: "pro-government, pro-business and pro-defendant in civil cases." She is also Pro-Life.

No paper trail, and I am now sure that the WH is confident that she has no email trail either!
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Rainscents Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 10:40 AM
Response to Original message
8. "No - Paper Trail" ??? She sounds like DieBold machine...
"Clement, 57, is considered conservative but has not left much of a paper trail. Lawyers interviewed for the Almanac of the Federal Judiciary described her while a district judge as pro-government, pro-business and pro-defendant in civil cases.":crazy: :crazy: :crazy:
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sadiesworld Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 10:53 AM
Response to Reply #8
9. Pro-government AND pro-business.
Who could be more perfect for the fascists?
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On the Road Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 12:02 PM
Response to Original message
13. The $64,000 Question Is:
She's a cipher. She has a light paper trail.

Was she trying to conceal right-wing beliefs from the mainstream or mainstream beliefs from the right wing?

She's a Federalist, but not all Federalists are the same, just as not all DLCers are the same.

I have some apprehension about her. But she could turn out to be a good nominee compared to the alternatives.
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JerseygirlCT Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 12:19 PM
Response to Reply #13
14. I believe that surprises have more often
Edited on Tue Jul-19-05 12:20 PM by JerseygirlCT
bounced back on the president who nominated them than the other way around. That is to say that ciphers have more often turned out to have opinions varying from what the appointing pres. hoped for.

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On the Road Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 12:35 PM
Response to Reply #14
15. That's What I'm Hoping for
If she turns out to be another Sandra Day O'Connor, it would be really nice.
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DeepModem Mom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 04:11 PM
Response to Original message
20. CNN reporting Judge Edith Jones, also of the 5th, is another candidate...
Edited on Tue Jul-19-05 04:11 PM by DeepModem Mom
Jeffrey Toobin is saying she would be a far more controversial nominee; apparently there is no mistaking her stand against abortion.
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Lex Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 04:13 PM
Response to Original message
21. ABC News reporting it isn't Edith Clement.
Edited on Tue Jul-19-05 04:28 PM by Lex
See Breaking Banner here http://abcnews.go.com/

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DeepModem Mom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 04:17 PM
Response to Reply #21
22. Thanks, Lex ! Think I'd better post this so I'm not spreading false info,
and will credit you.
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