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June 29, 2010

Patterico Points To Feinstein Hypocrisy On Judges

When George W. Bush nominated Miguel Estrada to a seat on an appellate court, California Senator Dianne Feinstein balked, despite the ABA giving him a "Well-Qualified" rating:

Miguel Estrada has never been a judge. So we have no record of judicial decision-making to examine. This is not dispositive in itself, but it is the first area where we find no record to help us in our decision.

Mr. Estrada is not a prolific writer. So we have no real record of writing to examine. Again, this alone would not be dispositive, but it is strike 2 in terms of where we can get information about this nominee.

We have not been granted access to the memos he wrote at the Department of Justice. So we can only take the word of the man who supervised him that those memos were ideologically driven and that he could not be trusted.

Fast forward to Feinstein's reaction to Obama's nomination of Elena Kagan to the Supreme Court despite her never having been a judge, not having an extensive record of publications, and the failure of the Obama Administration (and the Clinton Presidential Library) to give full access to memos and work product from her time in government.

Sen. Dianne Feinstein (D-Calif.) called Kagan’s lack of judicial experience “refreshing,” . . .

What's the difference? Well, Feinstein and Kagan share the same liberal ideology, the same privileged upbringing, and the same religious and ethnic background. On the other hand, she looked askance at a candidate of different ideology who had a different religion and different ethnicity and who had also overcome great personal challenges to become a respected member of the bar and prosecutor. Different standards, it seems, apply to Kagan than to Estrada.

Here's my take on the matter. This raises the question of who Feinstein hates -- Hispanics, Catholics, immigrants, or those not raised in privileged circumstances. After all, both Kagan and Estrada come before the committee with similar blank spots in their records, so logically she ought to treat Kagan's nomination with the same disdain she held for Estrada's, especially since Kagan has been nominated to the Supreme Court, not a Circuit Court of Appeals. Unless, of course, she is simply a partisan hypocrite who does not care about qualifications, but only ideology..

H/T Patterico





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