SENATE CONSIDERS CONFIRMATION OF "ACTIVIST" FEDERAL JUDGE

The U.S. Senate will soon consider the confirmation of possibly the most controversial person ever nominated to be a federal judge.

While Margaret Morrow's liberal beliefs and political associations may cause grave concerns for social conservatives, her blatant promises to engage in judicial "activism" should be seen as a threat to democracy by everyone. Morrow, a trial lawyer, has indicated that if nominated, her tenure as a judge would be controversial. The reasons for this confession are now apparent.

Questions first surfaced about Morrow when she purposefully avoided answering certain questions on her nomination questionnaire. The Senate Judiciary Committee noted that Morrow withheld nearly 40 documents, reports and speeches from the committee, despite repeated requests from members. Senator Charles Grassley (R-IA) noted Morrow's lack of compliance, adding that when she did provide the necessary documents, she gave information which was "false and misleading".

Morrow has often used her influence to promote liberal social policy, even calling on bar associations to take a "strong active voice" on volatile issues. She is a member of the California Women Lawyers, whom the L.A. Times (11-30-88) says "has written friend-of-the-court briefs advocating affirmative action and [so-called] abortion rights".

Morrow's opinions on the role of the court may create the most serious difficulty for her nomination. The Constitution prohibits the courts from changing laws, unless they violate the Constitution itself. Yet Morrow's writings indicate her willingness to use the federal courts to bring about change in public policy. She writes, "For the law is, almost by definition, on the cutting edge of social thought. It is the vehicle through which we ease the transition from the rules which have been, to the rules which are to be." (Univ. of West L.A. Law Review, 1995)

Expressing her indifference to democracy, Morrow writes "The fact that initiatives are presented to a 'legislature' of 20 million [voters] renders [impossible] any real hope of intelligent voting of the majority."

Senator Grassley (R-IA) said, "With the recent propensity of federal judges, especially in California, to overturn democratic initiatives on shaky ground, it is important that we not confirm another activist judge who is willing to substitute his or her will for that of the voters."

Senator John Ashcroft (R-MO) intends to fight Morrow's confirmation. He said, "[Her] writings make it clear that she believes the people cannot be trusted with the fundamental powers of self-government."

Sometimes it is difficult to predict whether nominees will be activist judges. This is not such a case. The appeals court in California where Morrow would serve has shown what happens when judges don't think voters are up to the task of self-government. She will do the same.

The Senate Judiciary Committee approved Morrow's nomination last summer by a vote of 13-5. Her confirmation will be considered by the full Senate early next month.

* Source: Thomas Jipping, Free Congress Foundation

Dear Bill,

"Judicial activism" is nothing other than a nice way of saying "treason", and Felton Henderson was guilty of treason when he blocked the legitimate democratic process of Proposition 209 for more than a year. It is even worse when his excuse was that he didn't think the voters "knew what they were voting for".

These people are not just idiots--they are traitors to the American people and the Constitution. They are more dangerous than any foreign enemy we have ever encountered. If Congress appoints such a judge, those in Congress who approved that appointment must be impeached, just as Felton Henderson must be.

Sincerely,

John Knight

Date: Fri, 6 Feb 1998 03:17:38 -0500 (EST)
From: Family Policy Network salt@familypolicynetwork.org
Subject: C-NEWS: Family Policy Network "FPN Salt" Internet Update
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"FPN Salt" - February 3, 1998
Family Policy Network - Internet Update
Volume 2, Issue No. 5

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