When KSTP’s Tom Hauser interviewed Sen. Klobuchar, (DFL-MN), Sunday morning, they discussed President Obama’s nomination of Judge Merrick Garland to replace Antonin Scalia on the Supreme Court. Like an actress reading from a script, Sen. Klobuchar said that Judge Garland is a moderate. That term is interesting because it’s empty. Being the inquisitive type, I sent Sen. Klobuchar a message for clarification. It read “Sen. Klobuchar, you told Tom Hauser that Judge Garland is a moderate. I understand what a political moderate is but I don’t know what a judicial moderate is. I’d appreciate it if you’d explain what your definition of a judicial moderate is. Further, if Judge Garland is a moderate, does that mean Justice Sotomayor and Justice Kagan are radicals or ideologues? I’d appreciate a quick, substantive reply.”

Sen. Klobuchar’s auto-response said “Thank you for taking the time to e-mail me. This is a confirmation that we have received your message. One of the most important parts of my job is listening to what the people of Minnesota have to say to me. I am here in our nation’s capital to do the public’s business on behalf of the people of our state. Please continue to visit my website at http://www.klobuchar.senate.gov to follow what I am working on, both in Washington and Minnesota. It is frequently updated with current news and events regarding my work in the U.S. Senate. Additionally, many constituents ask about tracking the progress of legislation. One useful tool is to regularly check my website. Another resource I recommend is the Library of Congress legislative information website, http://thomas.loc.gov. I hope you find this information helpful. – Amy”

Since Sen. Klobuchar hasn’t explained what a judicial moderate is yet, I’ll rely on something that Dennis Prager wrote about Judge Garland:

In a column in The Wall Street Journal, Juanita Duggan, President and CEO of the National Federation of Independent Business, wrote that Garland is so anti-small business and so pro-big labor, that “This is the first time in the NFIB’s 73-year-history that we will weigh in on a Supreme Court nominee.”

What worries the NFIB, she explains, is that “in 16 major labor decisions of Judge Garland’s that we examined, he ruled 16-0 in favor of the NLRB (National Labor Relations Board).”

Apparently, a judicial moderate sides with Big Labor 100% of the time. Forgive me if I don’t agree that that’s the definition of a moderate. Forgive me if I think that sounds more like a hardline leftist ideologue. Then there’s this:

Tom Goldstein wrote in the SCOTUSblog that Garland favors deferring to the decision-makers in agencies. “In a dozen close cases in which the court divided, he sided with the agency every time.”

Again, that sounds more like the definition of a leftist ideologue. It doesn’t sound like a centrist/moderate. This is worth checking out, too:

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2 Responses to “Garland’s moderation questioned”

  • eric z says:

    How is upholding an NLRB decision anything but upholding an administrative body under norms of procedural due process administrative law if that body made no procedural error? You want an activist judge who will flim-flam around with substantive due process, your way or the highway? That’s a briar patch. Some lady at an organization does not like NLRB decisions? So? Am I impressed?

  • Gary Gross says:

    Let’s turn that around. Wouldn’t you be upset if a judge always sided with big business?

    Further, shouldn’t you question this judge’s independence since Garland’s rulings with gov’t agencies is just as unanimous. Those cases were split decisions yet Garland sided with gov’t agencies all the time.

    Again, you’d be upset if a judge had ruled against a big gov’t agency. There’s nothing in your statements that the constitution is that important. Why is that?

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