Sunday, April 15, 2012

Judge Janice Brown at it again...

Federal Judge Janice Brown is at it again. She seems to get the Constitution confused with "Atlas Shrugged" more often than not--and this time Justice Scalia's use of Rush Limbaugh talking points during the ACA oral argument appears to have inspired her to new levels of political posturing in judicial opinions.

I warned about elevating then California Supreme Court Justice Brown to the Federal Circuit Court of Appeals in Washington DC way back in 2005.

Give one thing to Judge Janice Brown: She isn't dumb, just a bomb thrower. She recognizes a major part of the attack from the libertarian-right and Republicans on the ACA is an attack on the "rational relation" test. People like Paul Clement and Randy Barnett use the rhetorical dodge, "Where is the limiting principle?" But Janice Brown knows the limiting principle: The "rational relation" test Justice Marshall and the Supreme Court identified in 1819 in McCulloch and then again in Gibbons in 1824. And she knows what she wants to see: The destruction of the Hamiltonian and initial Madisonian vision (Before Madison realized his vision was a threat to slaveholders...) of the US Constitution.

I can see a President Romney nominating Brown to the US Supreme Court to replace Justice Ginsburg if the latter's health does not hold out....


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