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January 14, 2006
Maryanne Trump Barry: Republican
But Maryanne Trump Barry is a Republican.
While it's true that Clinton elevated her from the U.S. District Court to the Third Circuit, she was initially appointed to the federal bench by Ronald Reagan.
And this article from the New Jersey Law Journal in 1999 explains how it came to be that Republican Judge Barry was elevated to the circuit by Democrat Bill Clinton:
Barry, a Republican, says she was pleasantly surprised that she was nominated by a Democratic president.source: Matt Ackermann, Conservative-With-A-Heart Barry Nominated for Third Circuit Seat," 156 N.J.L.J. 1105 (June 21, 1999)."I am deeply honored and very grateful for the nomination," Barry says. "I am surprised I was approached on it. I assume that my record is good enough as a district court judge to be reached out to, and I'm glad that politics wasn't a priority here."
In fact, though, Barry's sponsor, Torricelli, says he's known Barry and her family for years. Her brother is casino developer Donald Trump. In 1993, Torricelli was Trump's ally in opposing tribal recognition for the Ramapough Mountain Indians of Bergen County, who wanted to bring casino gaming to land just 22 miles from New York City. The enterprise would have siphoned off business from Atlantic City casinos -- among them, Trump's.
So what does Judge Barry's presence at the Alito hearings show us? Well, most of all, it reminds us that President Clinton actually elevated Republican-appointed district judges to the Courts of Appeals. With some frequency. (In addition to Judge Barry, remember Sonia Sotomayor and James S. Ware.)
President Bush has not done this once.
UPDATE: A commenter points out an error. President Bush did do this once: Judge Barrington Parker, named to the district court by President Clinton, was elevated to the 2nd Circuit by President Bush.
Posted by Eric at January 14, 2006 9:27 AM
Comments
Bush did "renominate" to the Fourth Circuit the Clinton recess appointee Roger Gregory.
Posted by: Steve at January 14, 2006 8:27 PM
'cause Bush -- or, more correct, -- Bush's brain plays for keeps.
the Repubs want, and per a NYTimes story posted online today, have succeeded in turning the judiciary into a group of devoted conservatives with an agenda to turn the legal clock back 50 years.
Make that 52 years -- when Fred Vinson was Chief Justice.
And Miranda, Mapp, Gideon, and Griswold were just a twinkle in Governor Earl Warren's eye.
I suppose one could argue that the U.S. was a better place to live in the late '40s and early '50s, right?
It was like "Happy Days" every day for everyone.
Good paying jobs for the expanding middle class.
So the Repubs believe, I have to assume, that if we just erase the 17 or so years Earl Warren was Chief Justice, everything will be okay again.
Please don't anyone respond with "strict construction" or "originalism" or "legislating from the bench" arguments.
That's all bullshit.
What Republicans want -- those who make policy in that party -- is the elimination of the Bill of Rights in all but name, the compression of the Commerce Clause to the point that Federal Programs, including the minimum wage, are illegal, and an expansion (if that's possible) of executive power, including elimination of independent agencies, so the president can do things like issue regulations to allow oil drilling in Alaska even where Congress has rejected the idea.
Oh, and I don't want to forget confidential meetings with business lobbyists to shape policy outside the public's view.
Yes. Definitely. These are all good developments for America.
And you're right. If Democrats won elections, this would be a non-issue.
So I confess to sour grapes.
Posted by: marietta at January 14, 2006 9:17 PM
I've seen this meme pop up several times over the past couple days - does anyone actually have an exhaustive list of Bush's judicial appointees?
I tried googling for such a beast, but I only got lost in a sea of news reports about Bush vs. Congress.
Posted by: Mike Heinz at January 15, 2006 6:26 PM
Professor Muller, I think you are mistaken. In addition to renominating Judge Gregory to the Fourth Circuit, as noted above, President Bush elevated Judge Barrington D. Parker, Jr. to the Second Circuit, who was appointed to the district court by President Clinton in 1994.
Posted by: anonymouslawyer at January 16, 2006 5:29 PM
I remember reading that the ABA gave Clinton, Ford and Eisenhower the highest marks for ratings of Judges they nominated/elevated, giving low marks to FDR and JFK (for cronyism) and to Reagan and Nixon (placing ideology over competency).
Posted by: JS Narins at January 16, 2006 6:08 PM
It would be interesting to know whether Bush would have occasionally kept nominating moderate Democrats had the Senate Democrats not chosen the obstructionist policy of filibustering conservatives (esp. racial minorities) nominated by Bush.
Posted by: Niels Jackson at January 16, 2006 9:08 PM