Judges
Carlos Bea is one of the 40 jurists the Senate GOP has confirmed to the federal appeals courts since President Bush first took office in 2001.
Yeah, forty. Well, actually, there were forty-two confirmed circuit judges. But Michael Chertoff became DHS Secretary and John Roberts was elevated to Chief Justice.
Getting back to Judge Bea, he sits {gulp} on the Ninth Circus and was nominated after serving on the San Francisco Superior Court.
So, he’s one of those Souters about which perma-angry conservatives twitch and fume, right?
Wrong.
In this case, Judge Bea proved his conservative bona fides by dissenting from the majority of the Ninth Circus in connection with a public school racial gerrymandering/forced-integration plan by the City of Seattle.
The money quote from Judge Bea:
Up to now, the American ‘melting pot’ has been made up of people voluntarily coming to this country from different lands, putting aside their differences and embracing our common values. To date it has not meant people who are told whether they are white or non-white, and where to go to school based on their race.
* * *
[T]he majority does not hesitate to endorse the [School] District’s use of the racial tiebreaker. Rather than recognizing the protections of the individual against governmental racial classifications, the majority instead endorses a rigid racial governmental grouping of high school students for the purpose of attaining racial balance in the schools . . . . I do not share the majority’s confidence that such a plan is constitutionally permissible.
* * *
The way to end racial discrimination is to stop discriminating by race.
Indeed.
Amen.
Joining Judge Bea in that anti-”affirmative action”/pro-freedom dissent were Judges Kleinfeld, Tallman and Callahan.
Judge Callahan, like Judge Bea, was nominated by George W. Bush.
Judge Kleinfeld was appointed to the federal bench by Reagan, then elevated to the appeals court by George H.W. Bush.
All six of the jurists who signed onto the pro-race quota majority opinion were nominated to the Ninth Circus either by Jimmy Carter or Bill Clinton. Only Judge Tallman – a post-1994 Clinton appointee – went against the racial gerrymandering position of the Clinton/Carter Cartel.
That’s quite analogous to the sorts of voting patters we see in the U.S. Senate, isn’t it?
Yep.
Six of seven Democrat-appointed judges voted in favor of government-imposed racial quotas.
Whereas three of the four GOP-appointed judges (Judge Kozinski wrote separately, concurring in the majority’s result but not its reasoning) vehemently were against that concept.
6/7 = Democrat judges in favor of gummint racial quotas.
4/4 = GOP judges against gummint racism.
3/4 - GOP judges willing to strike down Seattle’s public school racial quota system.
Go figure.
— Jayson