Thursday, May 28, 2009

Smoking and Judges

Two things here.

First, Mike Hatty is the newest circut judge here in Livingston County. I don't really know him that well and only met him a couple of times. From what I do know, he's a nice guy and a much better pick by Granholm than the last pick. Best of luck to Hatty. There will probably be much less dissention on this pick than the last one.

The ban on private businesses to control their smoking decisions passed the state house with exceptions for Detroit Casinoes, a special interest in their own right. This big government and anti-freedom measure passed 73-31. The good news is that Cindy Denby and Bill Rogers sided with freedom in their votes. We'll see what the Senate does. I hope they kill this thing and concentrate on the important stuff like the budget.

Lastly, The Right is trying to rile up the grassroots against Sotomoyer. I'm not ready to fire off both barrels on this just yet. Call it pragmatism on my part. I'm waiting and seeing more before I comment. There's an old saying that is running through my head. Take what you can get. There's 59 democrat votes in the senate so whoever picked will likely get in. I remember the fights over the AG position with Clinton. His first pick was Zoe Baird. His 2nd pick was Kimba Wood. Now those two may have ended up as awful picks, but could have have been worse than the Butcher of Waco, Janet Reno? Don't forget than thanks to Reno, we were stuck with Jamie Gorelick and Eric Holder who both have done as much damage to this country as Reno did. Hindsight is 20/20, but I'd rather have taken my chances with Baird or especially Wood than Reno.

I'd rather take my chances with a Sotomayer than a nutter like William O Douglas. My gut feeling is that she's another David Souter or John Paul Stevens, not a Douglas, or a William Brennan (who I respect, although disagree on most things outside of Criminal Procedure). My concern is that she's another functionalist lightweight like Sandra Day O'Connor, Anthony Kennedy, Betty Weaver (I'd vote for Cavanaugh over Weaver even though he's more liberal.), or Warren Burger. Burger especially, who I consider the worst SCOTUS judge in the past 30 years. I'm not confusing Burger with Earl Warren either.

My advice to the right on Sotomayer. Don't fire off just yet, unless you are sure of the consequences. With 59 Democrat votes, this needs to go to an up or down vote. Save the fillibuster for someone like Cass Sunstein or a clone of William O Douglas. I'm not saying that Republican senators should vote for her, but they should wait and see until after the hearings, and they need to bring this to an up/down vote. The last thing I want to see is to trade off a Souter liberal for a Cass Sunstein or Erwin Chemerinsky radical, just as we were stuck with Janet Reno, Jamie Gorelick, and Eric Holder.

7 comments:

Communications guru said...

I already blew away your ridiculous argument about smoking on the post where you singled me out. This is not a “big government” or “anti-freedom” issue, it’s a public health issue. Bishop will try to kill it like he did last session, but this has too much support from the public.

I don’t get it. You said “he's a nice guy and a much better pick by Granholm than the last pick.” They are both Democrats, and Judge Brennan has proved to be an excellent judge.

kevins said...

guru makes no sense. No surprise there.

"They are both Democrats," he says, as though that proves something. What it shows is that -- despite his professed love on the purity of non-partisan races -- that his only criteria is the judge's party preference.

Dan, on the other hand, can differentiate between 2 judges regardless of their party affiliation. And guru "don't get it." Which is probably a familiar place for him, come to think of it.

kevins said...

One more point. The smoking ban is "big government" and "anti-freedom." As is anything that expands government's power and restricts individual freedom.

We accept some of these intrusions for an orderly society. Speed limits on the highway are "big government" in that the government restricts how fast we can drive. I'm not against speed limits, but I recognize what they are.

The fact that you don't recognize that is probably the scariest thing about you and people who think like you. Actually, check that, even scarier are those who do recognize it and want even more government control of their lives.

Communications guru said...

You are spreading your misinformation all over cyberspace, brett. If I didn’t know better I would say you are stalking me. See, Dan hates Judge Theresa Brennen because she is a “liberal Democrat.” That’s the only reason he can give for his opposition to her, yet Judge Hatty fits the same mold. It makes no sense that he supports one and has an irrational dislike for the other.

The smoking ban is a public health issue, just like protecting the public from Swine flu or food poisoning; nothing more, nothing less.

Republican Michigander said...

Kevin, are you obsessed with Brett or something?

Kevin, yes I know both Hatty and Brennan are democrats. I knew Granholm was going to appoint a democrat. Hatty is a better pick than Brennan for several reasons, and one of which is the life issue.

Communications guru said...

Really, you only gave one reason for your opposition unfair attacks on Judge Brennen, and her views on abortion was not one of them. I don’t know either of their positions on abortion, and I don’t really care. You can’t really believe abortion is a district or circuit court issue?

kevins said...

Answer to your question: Yes, guru is obsessed with Brett. I think guru thinks Brett is a 7-year-old boy.