-

October 30, 2003

Justice Brown and the "Mainstream"

The NY Times editorializes that Justice Janice Rogers Brown is "out of the mainstream." This is getting repetative. So many Republican appointees are "out of the mainstream" that one wonders where this "mainstream" can be found. Certainly not in the NY Times newsroom, which probably has more parapalegic gay Hispanics than Republicans. In particlular:

As an archconservative justice on the California Supreme Court, she has declared war on the mainstream legal values that most Americans hold dear.
Such as affirmative action, municipal takings, gerrymanders and general governmental repressions of liberty. Ann Coulter suggests that
...if your "mainstream" includes Roman Polanski, Michael Moore, Howard Dean and Jacques Chirac, then Brown really is "out of the mainstream." This proverbial "stream" they're constantly referring to is evidently located somewhere in France.
This may be unfair to the Times, coming from Coulter who is arguably not in the Times' official mainstream guidebook. Let's see what a more moderate center-right publication -- the Wall Street Journal -- says:
As Condi Rice, Colin Powell, Justice Thomas and others can attest, liberals reserve their harshest and most personal attacks for minorities with the audacity to wander off the ideological plantation.
Well, there's one possible answer -- the NY Times is simply using racist code-words for "all mainstream minorities are liberals." Her opposition to racial quotas (in a decision supported by a unanimous CA Supreme Court) in the case of Prop 209 (passed by the citizens of California) was of particular affront to the Times. I guess this means that the citizens of California are also out of the mainstream (and/or racist). It seems that Justice Brown, born to an Alabama sharecropper's family in 1949, does not have the Time's refined sensitivity to discrimination and poverty that would be necessary to be considered "part of the mainstream."

So, if writing an opinion for a unanimous court is a problem, then dissent should be better, but apparently not. It seems that Justice Brown's defense of an individual's right to swear at his TV set (in a case where a trial judge had enjoined his use of certain epithets not only in the workplace, but everywhere) is a problem, too. That darn 1st Amendment, again [but the Times only is interested in the press freedom and supression of religion parts of that --ed]. According to the Times, "Justice Brown dissented, arguing that doing so violated the company's [sic] free speech rights." I should hope she did, as it was the individual's private speech rights she was defending, and why was she the lone dissenter, anyway? I guess the Times would have opposed Justice Harlan because of his dissents in mainstream decisions such as, say, Plessy or Lochner. Just because you are opposed to the majority does not mean you are wrong.

My only real problem with Brown's nomination to the DC circuit is that there is no opening on the Supreme Court for her. That's where she belongs, and that is probably what scares the Times, which seems to think she's just another uppity minority biting the elite that graces them.

Posted by Kevin Murphy at October 30, 2003 08:53 AM | TrackBack