Strengthening Constitutional Self-Government

No Left Turns

Post-Lott Shakedown

USA Today reports that the Leadership Conference on Civil Rights is seeking a meeting with Frist to demand certain actions to show that he is going to make a "fresh start." Included in the actions sought is rejection of 5 of Bush’s current judicial nominees, who the group claims have "records of deep hostility to core civil rights principles." Among those who the Leadership Conference is seeking to block: Sixth Circuit nominee Jeff Sutton. What is Sutton’s record to which the Leadership Conference makes non-specific reference? Well, right now he is defending a capital defendant, and he just filed a brief defending an inmate for immigration offenses. The core complaint against Sutton is that he argued on behalf of Ohio that Congress couldn’t abrogate the State’s sovereign immunity in passing the American’s with Disabilities Act. They therefore claim that he is "anti-disability"--yet those who actually look at his record would know that he has actually filed lawsuits on behalf of the disabled: in particular he represented a blind woman who sued a university for discrimination. It becomes quickly apparent that the Leadership Conference has little basis to oppose Sutton’s record on Civil Rights issues--unless you consider lockstep support for a liberal agenda to be a civil right.

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That’s your take on it, but Sutton admitted he loves states rights and has been on the lookout for cases that advance it, in a 1998 interview with Tony Mauro. The USSC is in denial about the activism of the Court in reviving Plessy-court precedents such as Hans v. LA and about the well documented history of 33 states practicing eugenic sterilization vs the disabled -- a clear and widespread Section 5 violation that lasted well into the 1970’s in many states. Look at other websites for other views.

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