Mario Diaz

McConnell, a millionaire trial lawyer and a former director for Planned Parenthood, was less than candid on several issues during his Senate Judiciary Committee hearings, raising questions about his credibility and trustworthiness. Sen. John Cornyn (R-Texas) was spectacular in making the case against McConnell in an objective way. But still, the Reid/Schumer/Leahy bulldozer ignored all objections (including the very weak suggestion of a possible filibuster, thwarted by several weak-kneed Republicans) and regrettably, McConnell was awarded a life-time appointment to a federal district court in Rhode Island.

Have Republicans finally learned their lesson?

I guess we’ll find out soon enough. The bulldozer never stops. It continues its destructive path, this time with the nomination of Edward Chen to be a district judge in the Northern District of California.

Chen worked as an agitator —I mean litigator — for the American Civil Liberties Union (ACLU) for sixteen years, advancing the organization’s far-left agenda on many fronts. In 1988, he filed an ACLU brief opposing a mother’s claim that public libraries should protect children from obscene Internet pornography, even when contrary to expressed parental non-consent. Chen supported the library’s position that such material was protected as “free speech.”

Chen subscribes to the idea that judges can and should mold the Constitution and laws to bring what liberals consider “progress.” In a speech before the Berkeley School of Law chapter of the American Constitution Society, Chen said he finds “most rewarding … [c]ontributing to the development of the law via published opinion, especially if it comports with my view of justice.”

In his 2003 California Law Review article, “The Judiciary, Diversity, and Justice For All,” Judge Chen stated that “diversity enhances the quality of decision-making.” He wrote:

Simply put, a judge’s life experiences affect the willingness to credit testimony or understand the human impact of legal rules upon which the judge must decide. These determinations require a judge to draw upon something that is not found in the case reports that line the walls of our chambers. Rather judges draw upon the breadth and depth of their own life experience, upon the knowledge and understanding of people, and of human nature. And inevitably, one’s ethnic and racial background contributes to those life experiences.

Considering Chen has characterized immigration laws as “institutionalized racism” and was troubled with “feelings of ambivalence and cynicism when confronted with appeals to patriotism,” like singing America the Beautiful, it is reasonable to question Mr. Chen’s impartiality toward certain groups of people — a disqualifying flaw for any judge.

So here you have another liberal operative who should never have been nominated, much less be confirmed. It will be interesting to see how much of a fight conservative senators can mount against him.

Every nomination is crucial because third and fourth degree burns may require excision (for more on those see Goodwin Liu).


Mario Diaz

Mario Diaz is the Policy Director for Legal Issues at Concerned Women for America.

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