Wednesday, November 12, 2003

The Senate's 30 hour talk-a-thon has begun. Just watched Barbara Boxer rant about Ninth Circuit nominee Carolyn Kuhl. Boxer was horrified that Kuhl, as a LA Superior Court judge, denied recovery to a breast cancer victim in a privacy claim. Boxer's argument was that, given Kuhl is a woman, it is appalling for her to be so insensitive. Apparently, if you're a woman, you shouldn't rule against other women, especially if they have breast cancer (a disease that, while terrible, had nothing to do with the merits of the plaintiff's privacy claim). This is the same argument Maureen Dowd made against Justice Thomas: How can a black man rule against blacks in affirmative action cases? Doesn't he realize that his skin color requires him to think a certain way?

You can watch more of the Senate's action here. If you're interested in more background information on Judge Kuhl's privacy decision (amongst other Kuhl info), look at Chicago Law alum, Chapman University law professor, active Claremont Institute scholar, and, whatdoyaknow, former Justice Thomas clerk John Eastman's defense here.

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