Debra J. Saunders

No wonder liberal law professors such as Gerald Uelman of Santa Clara University and Stephen Barnett of University of California, Berkeley's Boalt Hall School of Law endorse her confirmation. But not the Black Caucus, which disingenuously argued, as Durbin did, that Brown is outside of the "mainstream" of America.

No, the caucus is outside of the mainstream.

Her detractors point to the decision Brown wrote that upheld Proposition 209 -- as they ignore the fact that the California Supreme Court voted 7-0 in agreement with her. Not to mention that 54 percent of Californians voted for Proposition 209.

So if "mainstream" is important, California Sens. Dianne Feinstein and Barbara Boxer ought to heed the 1998 vote in which 76 percent of Californians approved of retaining Brown -- and place their votes to confirm her to the Court of Appeals in D.C.

Let me posit that Republicans played politics with President Clinton's judicial nominees and that the Dems have every right to scrutinize Brown's decisions.

But at the end of the day, this vote will be about more than partisan sniping. It will be about race.

Debra J. Saunders

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