May 18, 2005

All Hail: Janice Rogers Brown

JK brought us Glenn Reynolds attitude on the Senate confimation battle over Federal judges today: "If I thought that Bush were likely to nominate actual small-government strict constructionists to the Supreme Court, perhaps I'd care more, but I've seen no sign that he's likely to do that."

I'll admit to a certain apathy as this week's showdown approached. "Who are these judicial nominees" I wondered. "Do the liberals oppose them because they want to overturn Roe or because they want to roll back the welfare state?" In one instance I would be supportive, but in the other I'd probably side with the fillibusterers. In the four years since the disputed nominees were first presented I don't recall seeing or hearing much about their views. There was much about who liked them and who didn't, but little by the way of describing why.

Right on cue, it's Rush Limbaugh to the rescue. On his show today he read aloud from the transcript of a speech to the Federalist Society in Chicago. To wit:

The great innovation of this millennium was equality before the law. The greatest fiasco — the attempt to guarantee equal outcomes for all people. Tom Bethell notes that the security of property — a security our Constitution sought to ensure — had to be devalued in order for collectivism to come of age. The founders viewed private property as "the guardian of every other right."9 But, "by 1890 we find Alfred Marshall, the teacher of John Maynard Keynes making the astounding claim that the need for private property reaches no deeper than the qualities of human nature."10 A hundred years later came Milton Friedman's laconic reply: " 'I would say that goes pretty deep.'"11 In between, came the reign of socialism. "Starting with the formation of the Fabian Society and ending with the fall of the Berlin Wall, its ambitious project was the reformation of human nature. Intellectuals visualized a planned life without private property, mediated by the New Man."12 He never arrived. As John McGinnis persuasively argues: "There is simply a mismatch between collectivism on any large and enduring scale and our evolved nature. As Edward O. Wilson, the world's foremost expert on ants, remarked about Marxism, 'Wonderful theory. Wrong species.'"13

Ayn Rand similarly attributes the collectivist impulse to what she calls the "tribal view of man."14 She notes, "[t]he American philosophy of the Rights of Man was never fully grasped by European intellectuals. Europe's predominant idea of emancipation consisted of changing the concept of man as a slave to the absolute state embodied by the king, to the concept of man as the slave of
the absolute state as embodied by 'the people' — i.e., switching from slavery to a tribal chieftain into slavery to the tribe."15

Democracy and capitalism seem to have triumphed. But, appearances can be deceiving. Instead of celebrating capitalism's virtues, we offer it grudging acceptance, contemptuous tolerance but only for its capacity to feed the insatiable maw of socialism. We do not conclude that socialism suffers
from a fundamental and profound flaw. We conclude instead that its ends are worthy of any sacrifice — including our freedom. Revel notes that Marxism has been "shamed and ridiculed everywhere except American universities" but only after totalitarian systems "reached the limits of their wickedness."

For a reason I could only speculate, Rush skipped the middle paragraph that cited Rand. The important thing is, Brown didn't.

The rest of this speech is insightful, intelligent and witty. She even references Procol Harum! I can't wait to read it in its entirety. More importantly, upon brief review Janice Rogers Brown appears to be a perfect choice for the federal bench and, ultimately, the Supreme Court.

Second Bush Administration Posted by JohnGalt at May 18, 2005 9:44 PM

You're making me wish that I had not posted that Instaquote yesterday. Truth be told, I have been pretty impressed with the Bush nominees so far. Comparing them to the rest of the federal bench, they shine all the more brightly.

The idea of the filibuster is to chase out the Robert Borks of the world and replace them with David Souters -- squishy jurists who will be easier to confirm because they don't stand for anything. Pull the trigger, Senator Frist! We need these good folks on the bench.

And, jg, you win this one but your support for Roe v. Wade as good Constitutional law continues to baffle...

Posted by: jk at May 19, 2005 11:19 AM

I'm very leery of changing the fillibuster rule, as it's another step toward democracy (tyranny of the majority), but that may be what it takes to get good (non-relativist) judges on the benches.

I recall my last word on Roe to be "right conclusion, wrong reason" which is preferable to wrong conclusion for any reason.

Posted by: johngalt at May 20, 2005 2:33 PM | What do you think? [2]