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View Full Version : #DraftJaniceRogersBrown for #SCOTUS




groverblue
02-15-2016, 05:57 PM
https://en.wikipedia.org/wiki/Janice_Rogers_Brown#Political_views


Political views

Her libertarian political beliefs have been expressed in her speeches, most notably one she delivered to the Federalist Society at the University of Chicago Law School in 2000. Brown's speech mentioned Ayn Rand and lamented the triumph of "the collectivist impulse", in which capitalism receives "contemptuous tolerance but only for its capacity to feed the insatiable maw of socialism." She argued that "where government moves in, community retreats, civil society disintegrates, and our ability to control our own destiny atrophies," and suggests that the ultimate result for the United States has been a "debased, debauched culture which finds moral depravity entertaining and virtue contemptible".[16]

Her remarks gained particular attention, however, for her thesis that the 1937 court decisions upholding minimum-wage laws and New Deal programs marked "the triumph of our own socialist revolution", the culmination of "a particularly skewed view of human nature" that could be "traced from the Enlightenment, through the Terror, to Marx and Engels, to the Revolutions of 1917 and 1937." She called instead for a return to Lochnerism, the pre-1937 view that the Constitution severely limits federal and state power to enact economic regulations. In an exegesis of Brown's speech that was largely responsible for bringing it to public attention during her confirmation process in 2005, legal-affairs analyst Stuart Taylor Jr. noted, "Almost all modern constitutional scholars have rejected Lochnerism as 'the quintessence of judicial usurpation of power'", citing in particular "leading conservatives — including Justice Antonin Scalia, Sen. Orrin Hatch, R-Utah, and former Attorney General Edwin Meese, as well as [Robert] Bork".[17]

In a speech to the Federalist Society, Brown called the group a "rare bastion (nay beacon) of conservative and libertarian thought" and that the "latter notion made your invitation well-nigh irresistible."[18]

In the same speech, she gave hints of her philosophical foundations. She described private property as "the guardian of every other right". (This might have been a reference to a book published late 2007 titled "The Guardian of Every Other Right: A Constitutional History of Property Rights".) Later in her speech she described collectivism as "slavery to the tribe" and that government was a "leviathan [that] will continue to lumber along, picking up ballast and momentum, crushing everything in its path".[18]

Origanalist
02-15-2016, 06:06 PM
This seems to be gaining momentum.