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	<title>Comments on: #1! All others are #2 or lower!</title>
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	<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/</link>
	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
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		<title>By: Brian McDaniel</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72596</link>
		<dc:creator>Brian McDaniel</dc:creator>
		<pubDate>Tue, 24 May 2005 00:37:07 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72596</guid>
		<description>Brian Leiter writes:

&quot;The giveaway here is that there are several current and recent Republican Texas Supreme Court Justices who are actually rather accomplished jurists—former Chief Justice Tom Phillips, current Chief Justice Wallace Jefferson—yet the Bush people came up with the lightweight Owens. The reasons are obvious.&quot;

Is it because she is a woman? and thus more acceptable to a &quot;identity politics&quot; driven process?



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		<content:encoded><![CDATA[	<p>Brian Leiter writes:</p>

	<p>&#8220;The giveaway here is that there are several current and recent Republican Texas Supreme Court Justices who are actually rather accomplished jurists&#8212;former Chief Justice Tom Phillips, current Chief Justice Wallace Jefferson&#8212;yet the Bush people came up with the lightweight Owens. The reasons are obvious.&#8221;</p>

	<p>Is it because she is a woman? and thus more acceptable to a &#8220;identity politics&#8221; driven process?</p>
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		<title>By: Lisa Williams</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72568</link>
		<dc:creator>Lisa Williams</dc:creator>
		<pubDate>Mon, 23 May 2005 16:22:49 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72568</guid>
		<description>Right on, Barry.  Representatives should &quot;represent,&quot; sometimes in the hip-hop definition of that phrase.  Right now, I don&#039;t want to hear anything from my representatives except, &quot;Stand up, Sit Down, Fight, Fight, Fight.&quot;

The minute I hear any compromise weasel-words out of my reps is the minute I call them on the phone and give them an earful they won&#039;t forget. </description>
		<content:encoded><![CDATA[	<p>Right on, Barry.  Representatives should &#8220;represent,&#8221; sometimes in the hip-hop definition of that phrase.  Right now, I don&#8217;t want to hear anything from my representatives except, &#8220;Stand up, Sit Down, Fight, Fight, Fight.&#8221;</p>

	<p>The minute I hear any compromise weasel-words out of my reps is the minute I call them on the phone and give them an earful they won&#8217;t forget.</p>
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		<title>By: ogmb</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72553</link>
		<dc:creator>ogmb</dc:creator>
		<pubDate>Mon, 23 May 2005 04:38:44 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72553</guid>
		<description>On an almost completely unrelated note I just went to &lt;a href=&quot;http://www.voteview.com&quot; rel=&quot;nofollow&quot;&gt;Keith Poole&#039;s webpage&lt;/a&gt; and downloaded the W-Nominate scores for the 108th Senate, and our Preznit received a first dimension (Lib-Con) score of +0.998. The only senator more conservative than GWB was Wyoming&#039;s Craig Thomas at +0.999.

Otoh, Kerry was more liberal than Ted Kennedy at -0.954 vs. -0.913.

</description>
		<content:encoded><![CDATA[	<p>On an almost completely unrelated note I just went to <a href="http://www.voteview.com" rel="nofollow">Keith Poole&#8217;s webpage</a> and downloaded the W-Nominate scores for the 108th Senate, and our Preznit received a first dimension (Lib-Con) score of +0.998. The only senator more conservative than <span class="caps">GWB</span> was Wyoming&#8217;s Craig Thomas at +0.999.</p>

	<p>Otoh, Kerry was more liberal than Ted Kennedy at -0.954 vs. -0.913.</p>
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		<title>By: Barry</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72548</link>
		<dc:creator>Barry</dc:creator>
		<pubDate>Mon, 23 May 2005 00:00:09 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72548</guid>
		<description>&quot;Yeah, and in ‘92, 57% of the vote went to people other than Clinton. What’s your point?&quot;
Posted by Brett Bellmore ·

The point is, Brett, that the GOP&#039;s reaction wasn&#039;t &#039;They won, so they get to run the government&#039;, it was &quot;f*ck you!&quot;.   And they were off to use every dirty trick they could come up with to win.</description>
		<content:encoded><![CDATA[	<p>&#8220;Yeah, and in &#8216;92, 57% of the vote went to people other than Clinton. What&#8217;s your point?&#8221;<br />
Posted by Brett Bellmore &#183;</p>

	<p>The point is, Brett, that the <span class="caps">GOP</span>&#8217;s reaction wasn&#8217;t &#8216;They won, so they get to run the government&#8217;, it was &#8220;f*ck you!&#8221;.   And they were off to use every dirty trick they could come up with to win.</p>
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		<title>By: Joe Welsh</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72545</link>
		<dc:creator>Joe Welsh</dc:creator>
		<pubDate>Sun, 22 May 2005 21:28:25 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72545</guid>
		<description>Three observations:

1) Since she serves the state, I would be interested in what the Texas Bar Association surveys show.  

2) The poll reflects a majority of participants find her outstanding or acceptable.  

3) The bar is usually split on judges depending on whether you represent plaintiffs or defendants.  The defense bar, although composed of large firms, is usually outnumbered by the number of plaintiff attorneys.  Reflecting on observation number two makes it clear that she is attracting numbers from the plaintiffs bar.

</description>
		<content:encoded><![CDATA[	<p>Three observations:</p>

	<p>1) Since she serves the state, I would be interested in what the Texas Bar Association surveys show.</p>

	<p>2) The poll reflects a majority of participants find her outstanding or acceptable.</p>

	<p>3) The bar is usually split on judges depending on whether you represent plaintiffs or defendants.  The defense bar, although composed of large firms, is usually outnumbered by the number of plaintiff attorneys.  Reflecting on observation number two makes it clear that she is attracting numbers from the plaintiffs bar.</p>
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		<title>By: nick</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72543</link>
		<dc:creator>nick</dc:creator>
		<pubDate>Sun, 22 May 2005 19:48:33 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72543</guid>
		<description>It&#039;s curious to see Brett embrace &#039;might makes right&#039; arguments, as it confirms my suspicion that there&#039;s a core to that kind of libertarianism that&#039;s no more sophisticated than &#039;might makes right&#039;. Power manifested down the barrel of a gun. Abhorrent, of course. But latent most of the time.</description>
		<content:encoded><![CDATA[	<p>It&#8217;s curious to see Brett embrace &#8216;might makes right&#8217; arguments, as it confirms my suspicion that there&#8217;s a core to that kind of libertarianism that&#8217;s no more sophisticated than &#8216;might makes right&#8217;. Power manifested down the barrel of a gun. Abhorrent, of course. But latent most of the time.</p>
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		<title>By: goyen1</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72541</link>
		<dc:creator>goyen1</dc:creator>
		<pubDate>Sun, 22 May 2005 18:11:06 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72541</guid>
		<description>Kinda funny that almost ALL elected judges in Houston area are Republican, yet so many Republican judges rate higher than this one.  Must be a bias against Republican judges, right?</description>
		<content:encoded><![CDATA[	<p>Kinda funny that almost <span class="caps">ALL</span> elected judges in Houston area are Republican, yet so many Republican judges rate higher than this one.  Must be a bias against Republican judges, right?</p>
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		<title>By: Charles Kuffner</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72540</link>
		<dc:creator>Charles Kuffner</dc:creator>
		<pubDate>Sun, 22 May 2005 18:01:44 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72540</guid>
		<description>Something that needs to be pointed out here is that with the exception of a few JPs (way at the bottom of the full list), every single judge rated in this poll is a Republican. You&#039;ll note that the vast majority of them are rated pretty highly, including several of Justice Owen&#039;s colleagues. If this were a straight partisan poll don&#039;t you think she&#039;d have more company in her mediocrity? Maybe, just maybe, this is a reasonably fair and accurate assessment of her abilities relative to other judges&#039;.</description>
		<content:encoded><![CDATA[	<p>Something that needs to be pointed out here is that with the exception of a few JPs (way at the bottom of the full list), every single judge rated in this poll is a Republican. You&#8217;ll note that the vast majority of them are rated pretty highly, including several of Justice Owen&#8217;s colleagues. If this were a straight partisan poll don&#8217;t you think she&#8217;d have more company in her mediocrity? Maybe, just maybe, this is a reasonably fair and accurate assessment of her abilities relative to other judges&#8217;.</p>
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		<title>By: Scott Lemieux</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72531</link>
		<dc:creator>Scott Lemieux</dc:creator>
		<pubDate>Sun, 22 May 2005 15:56:26 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72531</guid>
		<description>&quot;On the other hand, the Democratic party’s inability to understand that losing elections means that the other guys get to run the government is getting rather tiresome.&quot;

Wow, I had no idea that the constitutional system put in place by the framers, with its many counter-majoritarian checks, had been replaced by Parliamentary goverment.  Could you please cite the relevant constitutional amdendments?  This is a major scoop you&#039;ve got here!  </description>
		<content:encoded><![CDATA[	<p>&#8220;On the other hand, the Democratic party&#8217;s inability to understand that losing elections means that the other guys get to run the government is getting rather tiresome.&#8221;</p>

	<p>Wow, I had no idea that the constitutional system put in place by the framers, with its many counter-majoritarian checks, had been replaced by Parliamentary goverment.  Could you please cite the relevant constitutional amdendments?  This is a major scoop you&#8217;ve got here!</p>
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		<title>By: Thomas</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72529</link>
		<dc:creator>Thomas</dc:creator>
		<pubDate>Sun, 22 May 2005 15:31:25 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72529</guid>
		<description>I&#039;m a bit confused by Brian Leiter&#039;s post.  Am I reading it right--did Republican appellate lawyers in Texas really describe Owens&#039; &quot;moral and political views&quot; as &quot;unappealing&quot;?  I can&#039;t tell whether Brian means to ascribe the views expressed in his second sentence to the lawyers he referred to in the first.

And, why on earth would the Bush administration choose a mediocrity with &#039;unappealing moral and political views&#039;, when a more accomplished jurist with similar moral and political views would be, according to Leiter, available?  I confess that I don&#039;t find the reasons obvious.  I would think that a mediocrity would be perfectly acceptable at the district court level, where, from the perspective of an ideologically motivated administration, presumably one&#039;s predictability would matter more than one&#039;s lack of accomplishment.  To a certain extent, the same is true at the Supreme Court--the administration presumably would be more concerned with how the nominee would vote than how persuasive the opinion would be, and, besides, with all those talented clerks it is very difficult to reveal one&#039;s lack of accomplishment.  But that&#039;s certainly not obviously the case with nominees to the circuit court of appeals.  The administration would presumably want those nominees to be accomplished, both to persuade the other judges on the circuit and to protect rulings from being overturned on further appeal. Maybe Brian could explain to us a bit more about what he&#039;s thinking.
  </description>
		<content:encoded><![CDATA[	<p>I&#8217;m a bit confused by Brian Leiter&#8217;s post.  Am I reading it right&#8212;did Republican appellate lawyers in Texas really describe Owens&#8217; &#8220;moral and political views&#8221; as &#8220;unappealing&#8221;?  I can&#8217;t tell whether Brian means to ascribe the views expressed in his second sentence to the lawyers he referred to in the first.</p>

	<p>And, why on earth would the Bush administration choose a mediocrity with &#8216;unappealing moral and political views&#8217;, when a more accomplished jurist with similar moral and political views would be, according to Leiter, available?  I confess that I don&#8217;t find the reasons obvious.  I would think that a mediocrity would be perfectly acceptable at the district court level, where, from the perspective of an ideologically motivated administration, presumably one&#8217;s predictability would matter more than one&#8217;s lack of accomplishment.  To a certain extent, the same is true at the Supreme Court&#8212;the administration presumably would be more concerned with how the nominee would vote than how persuasive the opinion would be, and, besides, with all those talented clerks it is very difficult to reveal one&#8217;s lack of accomplishment.  But that&#8217;s certainly not obviously the case with nominees to the circuit court of appeals.  The administration would presumably want those nominees to be accomplished, both to persuade the other judges on the circuit and to protect rulings from being overturned on further appeal. Maybe Brian could explain to us a bit more about what he&#8217;s thinking.</p>
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		<title>By: Ted</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72527</link>
		<dc:creator>Ted</dc:creator>
		<pubDate>Sun, 22 May 2005 15:28:46 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72527</guid>
		<description>Brett --

If they didn&#039;t have concern for these procedures, why did they follow them all those years when they were in the majority in Congress and it looked like the good times would never end?  Why did they put up with blue slips, rule 4, and the other &quot;obstructionist&quot; techniques the Republicans used?</description>
		<content:encoded><![CDATA[	<p>Brett&#8212;<br />
If they didn&#8217;t have concern for these procedures, why did they follow them all those years when they were in the majority in Congress and it looked like the good times would never end?  Why did they put up with blue slips, rule 4, and the other &#8220;obstructionist&#8221; techniques the Republicans used?</p>
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		<title>By: Brett Bellmore</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72523</link>
		<dc:creator>Brett Bellmore</dc:creator>
		<pubDate>Sun, 22 May 2005 10:26:47 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72523</guid>
		<description>&lt;i&gt;&quot;So I suppose you wouldn’t care too much if the Democrats used the same attitude towards rules to declare, say, the Second Amendment null and void? Pish.&quot;&lt;/i&gt;

They do, Nick, they do, and far worse. Which is what makes the outrage so laughable. The idea that the Democrats making these arguments &lt;i&gt;really&lt;/i&gt; have some kind of disinterested concern that procedures be respected is absurd on it&#039;s face.</description>
		<content:encoded><![CDATA[	<p><i>&#8220;So I suppose you wouldn&#8217;t care too much if the Democrats used the same attitude towards rules to declare, say, the Second Amendment null and void? Pish.&#8221;</i></p>

	<p>They do, Nick, they do, and far worse. Which is what makes the outrage so laughable. The idea that the Democrats making these arguments <i>really</i> have some kind of disinterested concern that procedures be respected is absurd on it&#8217;s face.</p>
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		<title>By: agm</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72522</link>
		<dc:creator>agm</dc:creator>
		<pubDate>Sun, 22 May 2005 10:05:25 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72522</guid>
		<description>Ted, lawyers in H-town would never disapprove of a Bush nominee, would they? =)</description>
		<content:encoded><![CDATA[	<p>Ted, lawyers in H-town would never disapprove of a Bush nominee, would they? =)</p>
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		<title>By: abb1</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72519</link>
		<dc:creator>abb1</dc:creator>
		<pubDate>Sun, 22 May 2005 09:21:43 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72519</guid>
		<description>As &lt;a href=&quot;http://context.themoscowtimes.com/stories/2005/05/20/120.html&quot; rel=&quot;nofollow&quot;&gt;Chris Floyd&lt;/a&gt; puts it:
&lt;blockquote&gt;
The U.S. Congress gave away its powers long ago to corporate interests and the almighty executive branch that every legislator secretly hopes to lead one day, Pentagon thunderbolts in hand. (Who would curb Caesar that might Caesar be?) This &quot;degradation of the democratic dogma&quot; has been the work of more than 50 years of bipartisan goonery, but it has now reached its nadir in the festering pit of blood and bile that is the Bush Regime.
	
American public life is now almost entirely a facade, a deadening -- and deadly -- sideshow: the multibillion-dollar electoral circuses, the increasingly frenzied &quot;culture wars,&quot; the epic clash of interest groups across the media battlefields, the endless making, unmaking and remaking of laws. All this sound and fury merely obscures the ugly reality: that there are no effective restraints on the arbitrary exercise of power by the imperial court of President George W. Bush.
&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[	<p>As <a href="http://context.themoscowtimes.com/stories/2005/05/20/120.html" rel="nofollow">Chris Floyd</a> puts it:<br />
<blockquote><br />
The U.S. Congress gave away its powers long ago to corporate interests and the almighty executive branch that every legislator secretly hopes to lead one day, Pentagon thunderbolts in hand. (Who would curb Caesar that might Caesar be?) This &#8220;degradation of the democratic dogma&#8221; has been the work of more than 50 years of bipartisan goonery, but it has now reached its nadir in the festering pit of blood and bile that is the Bush Regime.</blockquote></p>

	<p>American public life is now almost entirely a facade, a deadening&#8212;and deadly&#8212;sideshow: the multibillion-dollar electoral circuses, the increasingly frenzied &#8220;culture wars,&#8221; the epic clash of interest groups across the media battlefields, the endless making, unmaking and remaking of laws. All this sound and fury merely obscures the ugly reality: that there are no effective restraints on the arbitrary exercise of power by the imperial court of President George W. Bush.<br />
</p>
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		<title>By: nick</title>
		<link>http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/comment-page-1/#comment-72516</link>
		<dc:creator>nick</dc:creator>
		<pubDate>Sun, 22 May 2005 04:20:36 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/05/21/1-all-others-are-2-or-lower/#comment-72516</guid>
		<description>&lt;i&gt;With 39.5% thinking her “outstanding”, 15.2% “acceptable, and 45.3% “poor”. You either love her or hate her. Hm, maybe because you’re either a Republican or a Democrat?&lt;/i&gt;

Hm, because those numbers are absolutely in line with the political demographics of Houston? Er, no. Houston&#039;s lawyers would have to be pretty damn atypical among Houston residents to skew that way.

&lt;i&gt;On the other hand, the Democratic party’s inability to understand that losing elections means that the other guys get to run the government is getting rather tiresome.&lt;/i&gt;

So I suppose you wouldn&#039;t care too much if the Democrats used the same attitude towards rules to declare, say, the Second Amendment null and void? Pish.</description>
		<content:encoded><![CDATA[	<p><i>With 39.5% thinking her &#8220;outstanding&#8221;, 15.2% &#8220;acceptable, and 45.3% &#8220;poor&#8221;. You either love her or hate her. Hm, maybe because you&#8217;re either a Republican or a Democrat?</i></p>

	<p>Hm, because those numbers are absolutely in line with the political demographics of Houston? Er, no. Houston&#8217;s lawyers would have to be pretty damn atypical among Houston residents to skew that way.</p>

	<p><i>On the other hand, the Democratic party&#8217;s inability to understand that losing elections means that the other guys get to run the government is getting rather tiresome.</i></p>

	<p>So I suppose you wouldn&#8217;t care too much if the Democrats used the same attitude towards rules to declare, say, the Second Amendment null and void? Pish.</p>
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