-Caveat Lector-   <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-

The appointments of judges which are life time appointments are
one of the largest lasting damages done by the clinton
administration.



On Sat, 04 Mar 2000 12:37:42 -0500, Nicole Brooks
<[EMAIL PROTECTED]> wrote:

From: Nicole Brooks <[EMAIL PROTECTED]>


        URGENT COURT WATCH ALERT

                                                        March 4, 2000

Two of the MOST IMPORTANT SENATE VOTES ON CLINTON'S JUDICIAL
NOMINEES will occur on Monday or Tuesday, March 6th or 7th�a week
earlier than the long-announced date of March 15th. These votes
will be on RICHARD PAEZ and MARSHA BERZON, both named to the
NINTH CIRCUIT.

         THE NINTH CIRCUIT COURT OF APPEALS

The Ninth Circuit is the largest and most activist/liberal
Circuit of all the nation's thirteen circuits. It covers the
nation's seven western-most states, plus Alaska, Hawaii, Guam,
and the Northern Mariana Islands. Among its 21 current active
judges, 10 are Clinton appointees, and 3 are Carter appointees.
Six more Clinton nominees are awaiting Senate confirmation.
During the last three years, the U. S. Supreme Court (hardly a
solid conservative body) has reversed 54 of the 63 cases (86%)
reaching the Court from the Ninth Circuit. It is thus obvious
that the addition of any more radical Clinton judges to this
already radical Ninth Circuit could do damage to American law and
liberty that would be virtually irreparable in the foreseeable
future.


RICHARD PAEZ

Richard Paez has been the subject of Court Watch Alerts in the
past, as his name has been before the Senate since he was first
nominated on January 25, 1996. On July 29, 1999, Paez received
his most recent Senate Judiciary Committee hearing, where he was
barely approved by a 10-8 margin. This is the strongest
opposition the Republicans have mounted against any Clinton
nominee in a Judiciary Committee roll-call vote. There is more
than ample reason for opposition to Paez:

INJUDICIOUS AND/OR UNETHICAL CONDUCT�in 1995 U. S. District Judge
Paez publicly attacked California's Propositions 187 and 209,
both of which were involved in litigation at the time of his
remarks. In the same speech, Paez also openly urged the filing of
lawsuits to force "diversity in judicial appointments." Such
remarks violate the Judicial Code of Conduct by casting severe
doubt on Paez's ability to decide impartially cases that might
later reach his Court involving any of these issues.

LACK OF JUDICIAL TEMPERAMENT�While a state judge, Paez "stormed
off the bench" (a Los Angeles Times description) after warning a
defendant in his court not to consult the Bible and after
threatening to confiscate the Bible.

ACTIVIST JUDICIAL PHILOSOPHY�Paez has already proven his activism
by creating novel applications of federal statutes. In 1997, he
ruled that when American companies are doing business with
overseas companies, or even foreign governments, which allegedly
commit human rights abuses, the American companies can be held
liable. The Institute for International Economics concludes that
this would "vastly expand the jurisdiction of the U. S. court
system."


MARSHA BERZON

Like Richard Paez, MARSHA BERZON has been nominated to the Ninth
Circuit before--on January 27, 1998. On July 1,

1999, Berzon, also like Paez, received narrow approval by the
Judiciary Committee (10-8). Berzon's record reveals her lack of
fitness for the Ninth Circuit:

LIBERAL/ACTIVIST BACKGROUND�Berzon in 1978 clerked for U. S.
Supreme Court Justice William Brennan, one of the most
liberal/activist judges in recent history.

YEARS OF ACTIVE INVOLVEMENT WITH THE "WOMEN'S RIGHTS"
MOVEMENT�Berzon has been a member of the Women's Legal Defense
Fund and an activist in the campaign against protection of the
unborn. In 1991, in International Union, UAW v. Johnson Controls,
Berzon won for a pregnant woman the "right" to work in a battery
manufacturing plant during the pregnancy despite the inherent
dangers to the unborn child posed by toxic substances in such a
workplace.

EXTREME ADVOCACY FOR ORGANIZED LABOR�As associate general counsel
for the AFL-CIO since 1987, Berzon's briefs have aroused
opposition from such diverse groups as the American Public Health
Association, the National Association of Alcoholic Treatment
Programs, and numerous state Attorneys General. She has pressed
the radical argument that no system of Alternative Dispute
Resolution (ADR) can be fair without the involvement of a union.
And she has argued that non-union workers can be compelled to
subsidize their union's collective-bargaining activities in
unitis other than their own, that professional associations can
compel dues of objecting non-members, and that the right to
refuse to associate with a union is not protected by the First
Amendment as are numerous other forms of association and
expression.


ACT NOW!!!

Phone your U. S. Senators and urge them to vote "No" on both
RICHARD PAEZ AND MARSHA BERZON. Six GOP Senators have indicated
that they will support Paez and possibly Berzon. They would
virtually assure victories for the nominees and especially need
calls. The six are:

  Hatch ([EMAIL PROTECTED]),

  Bennett ([EMAIL PROTECTED]),

  Lincoln Chaffee ([EMAIL PROTECTED]),

  Jeffords ([EMAIL PROTECTED]),

  Specter ([EMAIL PROTECTED]),

  and Gordon Smith (http://www.senate.gov/~gsmith/webform.html).

Let us all seize this opportunity to CURB THE COURTS by fighting
these particularly egregious nominations.

                Capitol Switchboard (202) 224-3121

Senate E-mail:
http://www.senate.gov/contacting/index_by_state.cfm



=================================================================
             Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT

  FROM THE DESK OF:                    <[EMAIL PROTECTED]>
                      *Mike Spitzer*     <[EMAIL PROTECTED]>
                         ~~~~~~~~          <[EMAIL PROTECTED]>

   The Best Way To Destroy Enemies Is To Change Them To Friends
       Shalom, A Salaam Aleikum, and to all, A Good Day.
=================================================================

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