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Thursday, March 1, 2007
posted by Ben Wren | 9:23 AM | permalink
Rudy Giuliani has promised to appoint judges in the mold of Roberts and Alito. This is to assuage conservative fears over his pro-abortion and pro civil union views.

The Politico took a look at his 75 appointments to the judiciary in New York City.

Their findings are interesting.
Bullets from the article:

  • Democrats outnumbered Republicans by more than 8 to 1
  • One of his appointments was an officer of the International Association of Lesbian and Gay Judges.
  • Another ruled that the state law banning liquor sales on Sundays was unconstitutional because it was insufficiently secular.
  • A third, an abortion-rights supporter, later made it to the federal bench in part because New York Sen. Charles E. Schumer, a liberal Democrat, said he liked her ideology.
Further, Giuliani won praise from NYC NARAL head, Kelli Collin:

"They were decent, moderate people," she said.

In the mayors defense, he had to choose from only 3 candidates. From the article:

Under the system, the mayor appoints members of an independent panel. Aspiring
judges apply to the panel, which recommends three candidates for each vacancy.
The mayor chooses among the three.

Yet, surely, the mayor could have avoided those applicants whose records and pedigrees were that of extreme judicial activists.

Giuliani's pledge to appoint judges like Roberts and Alito comes under question when you consider his record of appointing extreme judicial activists onto the New York courts.

Consider that one judge:

Charles Posner, a Brooklyn judge appointed by Giuliani, made the kind of
decision that keeps conservatives up nights when he was asked to levy a fine
against a shopkeeper, Abdulsam Yafee, who had illegally sold beer at 3:30 a.m.
on a Sunday. In an unusual, lengthy 2004 ruling, Posner found that "there is no
secular reason why beer cannot be sold on Sunday morning as opposed to any other
Noting that Sunday is only the Christian Sabbath, Posner continued,
"Other than this entanglement with religion, there is no rational basis for
mandating Sunday as a day of rest as opposed to any other day."

Yet another:

Sonberg's other affiliation: When he was appointed in 1995, he was already an
officer of the International Association of Lesbian and Gay Judges, a
professional group. After his appointment, he became the group's president.

Two were appointed to federal seats:

one of them, Richard Berman, by President Bill Clinton. The other, Dora
Irizarry, was a Bush nominee considered so liberal that (Chuck) Schumer pushed
her nomination through....
"Temperament is not at the top of my list," Schumer explained at the time, when asked why he supported the former Giuliani appointee. "Ideology is key."

Giuliani spent a great deal of time with his nominees:

"He took it very seriously -- he spent a lot of time with these candidates,"
recalled Paul Curran, a Republican and former U.S. attorney who chaired
Giuliani's Commission on Judicial Nominations.

Yet he allowed these wreckless nominees through? This is troubling and hopefully answers can be provided when he speaks tomorrow at the CPAC conference.

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