Carol Platt Liebau: Setting the Record Straight on Judge Brown

Wednesday, June 08, 2005

Setting the Record Straight on Judge Brown

Today on the Hugh Hewitt show, law professor Erwin Chemerinsky charged that California Supreme Court Justice (and now D.C. Circuit Judge) Janice Rogers Brown had been rated "unqualified" by the bar association when she was up to be an appeals court judge and then Supreme Court justice in California.

What Chemerinsky failed to note is that, according to this piece in The Los Angeles Times (hardly a conservative amen corner):

Legal scholars who closely follow the court eventually decided the state bar had been wrong about Brown. They praised her for a strong intellect, a lively writing style, independence and an impressive work ethic. Brown has been one of the top producers of opinions on the state high court.

Not just opinions -- MAJORITY opinions. As I pointed out in a November 2003 column:

A study conducted by the invaluable Committee for Justice numerically compared Justice Brown’s opinions against those of her fellow court members, both as raw numbers and as percentages. The study found that Justice Brown had authored the second-highest number of majority opinions during her tenure on the California Supreme Court. Likewise, the number of dissents she authored is lower than two other members of the Court . . ..

Judge Brown's nomination was confirmed by a 56-43 vote. So now we're supposed to believe that the 56 are out of the mainstream, while the 43 represent the majority. Right.

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