April 25, 2014
UPDATE: The confirmation process of radical judicial nominee Michelle Friedland has unfortunately survived one critical hurdle. On April 10th, the Senate voted 56-41 to invoke cloture, which ended the time allotted for debate. It is worth noting that under the long-time Senate rules, a 56-41 vote would mean cloture had failed.
However, Harry Reid’s nuclear option lowered the threshold to a simple majority, allowing Friedland to advance. This rule change came back into focus after the vote, when Senate Minority Leader Mitch McConnell told Reid, “If the majority leader doesn’t like the way the Senate’s working, I would recommend he change his behavior. You know, the Senate doesn’t have a rules problem, we have a behavior problem.”
Senator Harry Reid filed cloture last night on one of the most controversial nominations to the Ninth Circuit – Michelle T. Friedland. The vote to invoke cloture and thus end debate will occur on Thursday, so you must call your Senators today and ask them to vote NO.Friedland’s advocacy for judicial supremacy renders her unfit to serve on the U.S. Court of Appeals for the Ninth Circuit. Friedland’s record indicates a clear disregard for the separation of powers and government by consent of the people. She has written that “There is no independent truth about the content of rights in state constitutions . . . The rights are no more than what enforceable judgments of the state courts say they are.” In Friedland’s view, there is no room for the people, or the legislatures they elect, to determine the extent and limits of rights. According to her, rights begin and end with judges.Working with this view of judicial authority, Friedland has sought to limit the rights of religious liberty and self-government long enjoyed by Americans. She worked hard for the effort in California (SB 1172) to punish faith-based counselors working with families who sought counsel for their children struggling with homosexuality, referring to Judeo-Christian beliefs as a “discredited practice” that “no therapist could believe is necessary or beneficial.”
Additionally, her efforts against California’s Proposition 8 contended that the state’s citizens had no right to amend their own constitution to address the question of marriage. A “Judge Friedland” would expand her own authority at the expense of the right of the people to govern themselves according to their own moral and religious beliefs. For her work to erode the rights of the people, Friedland has been commended by leftist groups such as the ACLU.
Friedland has also repeatedly endorsed international judges as authorities over state law, arguing that the International Court of Justice took precedence over state laws.
Please Vote NO on Friedland!
I am writing to urge you to vote NO on all votes related to the nomination of Michelle T. Friedland to the U.S. Court of Appeals for the 9th Circuit.
Friedland holds a radical belief in judicial supremacy that would usurp legislative authority and ultimately undermine the rule of law by the people.
From her law review articles and frequent advocacy, we know that in Friedland’s view, there is no room for the people, or the legislatures they elect, to determine the extent and limits of rights. According to her, rights begin and end with judges.
Her disdain for Judeo-Christian beliefs is troubling, as are her repeated endorsements of international authorities over state law.
Michelle T. Friedland is unfit for the federal bench, we urge you to vote NO on final confirmation.