(6/8/2005)

Judge Janice Rogers Brown Confirmed to D.C. Circuit Court

Senator Tim Johnson votes against confirmation

Today, Justice Janice Rogers Brown became the newest judge on the D.C. Circuit court by a vote of 56 to 43. Brown, first nominated by President Bush received her cloture vote, yesterday, 65-32.

Senator Tim Johnson (D-SD) voted against her confirmation, while Senator John Thune (R-SD) voted for confirmation.  Senator Johnson had previously voted yesterday against cloture (i.e. allowing an up-or-down vote) for Judge Brown.

"Senator Thune rightly recognized that Justice Brown is a good choice," said South Dakota Family Policy Council executive director Robert Regier. "Senator Johnson’s vote is disappointing. His philosophy regarding judicial nominations is slowly being revealed. Five years ago, he was fully supportive of the Ninth Circuit nomination of Justice Marsha Berzon, who authored the opinion striking down Idaho’s parental consent for abortion law. Yet, he opposes Justices Priscilla Owen, William Pryor, and Brown.

"Brown has upheld the Constitution as it was originally intended. Berzon has trampled on the Constitution, creating her own law. That Johnson concludes that Berzon’s liberalism is acceptable and Brown’s conservatism is out of the mainstream is revealing," Regier said.

"We are pleased that Justice Brown, who helped break glass ceilings, fight past racial barriers and overcome religious litmus tests, has finally joined the D.C. Court of Appeals. She is a wonderful role model to our youth and we trust her to serve dutifully and fairly," said Tony Perkins, President of Family Research Council.

"While we celebrate that this well qualified jurist can finally move forward after such a long struggle for a simple up-or-down vote, we must ask for the same courtesy for William Myers, Henry Saad, Brett Kavanaugh, William Haynes Thomas Griffith, and Susan Neilson? They deserve a fair up or down vote as well," says Perkins

"The Senate has set a standard for fairness with Janice Rogers Brown and we expect the same for the remaining judicial nominees," Perkins continued.  "The courts are in distress and we need to make sure that qualified jurists are receiving a fair deal. We are happy that Judge Brown has finally completed the process and come out victorious. We are eager to see the others pass through the process as well and receive their vote in the Senate."

Roberta Combs, President of the Christian Coalition of America said, "It is wonderful that a sharecroppers' daughter has reached one of the highest pinnacles of achievement in the federal court system. President Bush is to be commended for reaching out to minorities and trying to be inclusive. Left-wing Democrats should be absolutely ashamed of themselves for putting obstacles in the way of successful blacks and Hispanics and for voting against this American success story."

Later this week a floor vote is also expected on William Pryor (first nominated 790 days ago). Senate Majority Leader Bill Frist (R-TN) has rightfully vowed to restore Constitutional propriety in the nominating process if any further judicial filibusters occur - and that chance may be approaching.

Senator Frist and Senate Minority Leader Harry Reid (D-NV) announced agreements on Monday to move forward on the nominations of Richard Griffin and David McKeague (both first nominated 1,307 days ago) for the 6th Circuit Appeals Court in Cincinnati.

Immediately after the vote for Judge Brown, the Senate voted 67-32 to invoke cloture on the nomination of Justice William Pryor to the Eleventh Circuit Court of Appeals. Both Senators Thune and Johnson voted yes.

"I am glad, however, that Senator Johnson renewed his support for the no-filibuster deal. When the 14 senators struck a deal that barred the use of the filibuster on Justices Brown, Priscilla Owen, and William Pryor, Senator Johnson hailed it as a ‘step in the right direction.’ It was disconcerting to see him abandon his support when he voted to filibuster Justice Brown yesterday. But it’s never too late to do the right thing," Regier added.