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Governor picks retired partisan hack judge to sit on nonpartisan judicial commission

by: Carnacki

Mon Jun 15, 2009 at 17:15:42 PM EDT


Retired Supreme Court Justice Sandra Day O'Connor, who forever tainted her reputation in the Bush v. Gore decision, was picked by Gov. Joe Manchin to serve on his judicial review commission. From an email:

The Honorable Sandra Day O'Connor to serve as Honorary Chairwoman

CHARLESTON, W.Va. - Gov. Joe Manchin today announced his appointments to the Independent Commission on Judicial Reform, including the Honorable Sandra Day O'Connor, retired U.S. Supreme Court Justice, to serve as the Honorary Chairwoman.

"We are truly honored that Justice Sandra Day O'Connor has accepted my invitation to serve as the Honorary Chairwoman of this important commission," Gov. Joe Manchin said. "She brings special expertise and a wealth of knowledge to this panel."

The nine-member commission will be chaired by Carte Goodwin, former general counsel for Gov. Joe Manchin and currently an attorney at Goodwin & Goodwin. Other members include: Joyce McConnell, Dean of West Virginia College of Law; Sandra Chapman, President West Virginia State Bar; Thomas Heywood, Esq.; Marvin Masters, Esq. ; Mary McQueen, President National Center for State Courts; Andy MacQueen, Esq.; John McCuskey, Esq.; and, Caprice Roberts, Associate Dean West Virginia University College of Law.

"This Independent Commission on Judicial Reform is charged with evaluating West Virginia's judicial system and its current practices," the governor added. "All of the appointees are extremely qualified to serve on this commission, and I look forward to reviewing their findings and presenting them to the Legislature."

The Commission will study the need for judicial reforms, such as, but not limited to: adopting a merit-based system of judicial selection, enacting judicial campaign finance reforms or reporting requirements, creating an intermediate court of appeals, proposing constitutional amendments or establishing a court of chancery.

The commission's findings will be presented to the governor by Nov. 15, 2009.

I don't know if I trust O'Connor. Hopefully her role is just "honorary" because I don't want the woman who said this:

At an election night party, Sandra Day O'Connor became upset when the media initially announced that Gore had won Florida, her husband explaining that they would have to wait another four years before retiring to Arizona.[52]

anywhere near making an important decision about anything ever again.

I can understand why Gov. Joe Manchin would want a Republican of some stature on the commission in some role, but Bush v. Gore is one of the worst decisions in the history of the United States and O'Connor showed little respect for the voters or for the legal process in that decision. Hopefully she has since learned from her mistake:

Toobin: See this is what I really learned in writing my book. This is what surprised me is the effect that this decision had on O'Connor.

Because the reaction to Bush v Gore was so extreme and so angry that it really challenged O'Connor's conception of herself as someone who was fair and non-partisan and someone who was a supreme court justice universally respected and she was really taken aback by that. You combine that reaction with what Bush's presidency turned out to be, something very different than what O'Connor thought it would be, a very conservative Presidency -- she did not like John Ashcroft who was President Bush's first attorney general. Justice O'Connor was not an evangelical Christian Right Republican, she's an old school Country Club Republican.

As the new President Bush became more and more conservative especially when it came to civil liberties after 9/11, O'Connor rebelled. In part because she was worried about her historical reputation in light of BvG and in part because she simply did not like the direction the Bush administration was going.

I have little faith in Republicans learning from their mistakes. It does happen, and sometimes quite spectacularly. I hope Manchin made the correct call on this, but I have sincere doubts.

Carnacki :: Governor picks retired partisan hack judge to sit on nonpartisan judicial commission
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In defense of the girl from The Lazy D (0.00 / 0)
You have to know that her husband's health, the slide that is Alzheimer, had begun in 1990 and she wanted to retire in 2000.

You have to listen to her speeches, post retirement, about the independence of the judiciary. We are taking about comparison to Russia in a speech.

She was fired right back at Tom DeLay's intimidation of Article III by the threat of Article I withholding funds. You have to listen to her reaction to post turtle Sen. Cornyn suggestion that activist judges bring violence on themselves and their families. She was not afraid to use the word dick-tater. I heard that speech in May 2006, but only reporter there that day was Nina Totenberg of NPR.

Independence of the Judiciary: she still has an office in the SCOTUS building. My brother-in-law has an ao.uscourts email. If she had Scalia's attitude about Bush v Gore, I be right behind you.

But not me personally were those cheers for (1-6-7-5-2-8-3-4)--Sarah Palin

You know, you have such a stunningly superficial knowledge of what went on that it's almost embarrassing to listen to you--Zbigniew Brzezinski


I understand (0.00 / 0)
I understand the emotional pull she has for some. But she based her decision on Bush v. Gore on being a Republican, not on the matter of the law. That's why the majority said their decision only applies to that case and that case only because they know the precedent it set was shit.

Terry: You say that she had her mind made up about Bush v Gore. She thought that George W Bush should win the case as well as the election.

Toobin: She's a Republican and proudly so. She was the majority leader of the Arizona State Senate. She identifies with Republicans. She particularly liked the elder President Bush and his wife Barbara. Those were her kind of Republicans and on election night, she and her husband were unusually open about their hope that President Bush would win the election.

She regretted her decision later, but that doesn't change the fact she made her decision in that case for partisan political reasons and not as an independent, judicious person.

When a man embarks upon a crime, he is morally guilty of any other crime which may spring from it. Sherlock Holmes.


[ Parent ]
I believe in redemption (0.00 / 0)
Even cowgirls get the blues.

Toobin: See this is what I really learned in writing my book. This is what surprised me is the effect that this decision had on O'Connor. Because the reaction to Bush v Gore was so extreme and so angry that it really challenged O'Connor's conception of herself as someone who was fair and non-partisan and someone who was a supreme court justice universally respected and she was really taken aback by that.

I still believe in rehabilitation as the function of prison system, too, so call me naive.  

But not me personally were those cheers for (1-6-7-5-2-8-3-4)--Sarah Palin

You know, you have such a stunningly superficial knowledge of what went on that it's almost embarrassing to listen to you--Zbigniew Brzezinski


[ Parent ]
CA Berkeley (0.00 / 0)
I'd never call you naive and I respect your opinion even when mine differs.

When a man embarks upon a crime, he is morally guilty of any other crime which may spring from it. Sherlock Holmes.

[ Parent ]
how about cowgirl rather that partisan hack judge? K? (0.00 / 0)


But not me personally were those cheers for (1-6-7-5-2-8-3-4)--Sarah Palin

You know, you have such a stunningly superficial knowledge of what went on that it's almost embarrassing to listen to you--Zbigniew Brzezinski


CA Berkeley (0.00 / 0)
She has to live with the ignomy of her Bush v. Gore decision hanging over her for the rest of her life. Whatever regrets she has had since do not make up for the harm that led to in this country.


When a man embarks upon a crime, he is morally guilty of any other crime which may spring from it. Sherlock Holmes.

[ Parent ]
I did not know you in 2000? (0.00 / 0)
Chief Justice Rehnquist had said the same thing. Do you have the same opinion of Justice Kennedy? Without the Cokie Roberts style reporting from the cocktail party would you still have the same opinion of Justice O'Connor?

Already owned Shrub by Molly Ivins and was trying to educate co-workers, with family who knew of Dubya mishaps in Maine that supported that yellow police card. We can rehash the decision to have Uncle Joe as VP, Gore losing Tennessee and West Virginia 2000, how Gore's campaign mishandled the media aspect of the Florida recount, getting out foxed by the "Brooks Brother" revolt (where the mother-in-law shopped for Poppa's shirts), or not.

Boies had his chance. Souter, Breyer, Ginsburg, Stevens in conference had their chance. Rehnquist, Thomas, Scalia, Kennedy, O'Connor. Not one of the 50 Democratic Senators would sign on the the House protest from the Congressional Black Caucus. Now, that's a failure of almost HHS Sec. Daschle.

Sen. Byrd in the Senate speaking against the rush to war, rejected, Sen. Bob Graham referring to the actual intelligent report, rejected. Jello Jay, so polite. Mollohan and Rahall in the House had their chance and got it right. How do we get there if City Hospital runs FAUX NEWS on a captive audience, giving them Hannity and O'Reilly while they wait?

I see the pictures from the Tehran streets. Women in green head scarves with purple ink on the finger in one hand and a rock in the other. I am still sitting here with my intertubes, and free WV Public TV with many digital channels. You want to continue this 10 July?

But not me personally were those cheers for (1-6-7-5-2-8-3-4)--Sarah Palin

You know, you have such a stunningly superficial knowledge of what went on that it's almost embarrassing to listen to you--Zbigniew Brzezinski


[ Parent ]
Don't be too sure that Bush V Gore has anything to do with the case at hand. (4.00 / 1)
It's far more likely that "Party Loyalty" has far less to do with swaying Manchin's selection than does his corporate loyalty (aka "personal avarice"). Because DINO Joe Manchin has, after all, been one of the real rainmakers for the "Democrats for Underwood" conspiracy against his former WV primary rival, Democratic gubernatorial candidate Charlotte Pritt.

The reason that I'm more persuaded by allegations of Manchin's party disloyalty than is my friend Carnacki is because in the very beginning I had personally backed Manchin during his run against Pritt. But after his defeat in the primaries I witnessed him completely go against his personal assurances of party loyalty and even watched as he helped raise money for his pal Cecil Underwood at several small but powerfully connected rallies.

Aside from having been personally hoodwinked by Lloyd Jackson that Manchin would make a better governor than Pritt, what's bothered me most is that after all this time WV media has never properly reported Manchin's defection. And although I can't be certain that Manchin didn't

"turn around and stab Wise in the back in 2004 by supporting a leaking of Wise's affair with another female"
as has been alleged, I do know first hand that Joe Manchin had wholeheartedly supported Underwood by helping him line up campaign donors in tandem with his pal, who was the former president of WV's upper chamber, Senator Lloyd Jackson (DINO-LINCOLN).

So that's why I strongly believe that Manchin is now loading up his oversight panel with the best BigCoal shills that money can buy. Big Coal is certainly spending the most money to protect its own political interests of any WV corporate entity. So we all may as well face it. Practically the only Big Business left in WV is BigCoal.


You load Sixteen tons, what do you get
Another day older and deeper in debt
Saint Peter don't you call me 'cause I can't go
I owe my soul to the company storee


I have alwasy wondered what Gov. Wise did to get outed (0.00 / 0)
besides thinking of unleashing DEP against timber and coal for the 2002 floods.

But not me personally were those cheers for (1-6-7-5-2-8-3-4)--Sarah Palin

You know, you have such a stunningly superficial knowledge of what went on that it's almost embarrassing to listen to you--Zbigniew Brzezinski


[ Parent ]
I like Justice O'Connor (0.00 / 0)
A lot. I can think of no better or wiser jurist to be involved in cleaning up WV's corruption.

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