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Offlinelonestar2004
Live to party,work to affordit.
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Registered: 10/03/04
Posts: 8,978
Loc: South Texas
Last seen: 5 years, 8 months
Tradesport.com Favors Clement for Supreme Court
    #4421229 - 07/19/05 12:04 AM (11 years, 4 months ago)

Edith Brown Clement

Age: 57
Graduated from: Tulane Law School.
She clerked for: Judge Herbert W. Christenberry.
She used to be: a judge on the U.S. District Court, Eastern District of Louisiana.
She's now: a judge on the U.S. Court of Appeals for the 5th Circuit (appointed 2001).

Her confirmation battle: Clement doesn't provide much ammunition for opposition groups, but perhaps not much for conservatives to get excited about either. She hasn't written anything notable off the bench (or at least nothing that's come to light yet), and most of her judicial decisions have been in relatively routine and uncontroversial cases.

Civil Rights and Liberties
For a unanimous panel, allowed a plaintiff who sued the police for violating his right to due process to proceed with his claim that the officers who arrested him used excessive force when they allegedly injured him by slamming the door of their car against his head. Reversed the district court's finding that the plaintiff could also sue for unlawful arrest and excessive force involving the use of handcuffs. (Tarver v. City of Edna, 2005)

Environmental Protection and Property Rights
Voted for the 5th Circuit to rehear a decision blocking developers from building on a site where six endangered bug species lived in a cluster of limestone caves. Clement joined a dissent that argued that the decision's rationale for protecting the bugs?to preserve the interdependent web of species?bore no relationship to Congress' power to regulate interstate commerce. (GDF Realty Investments v. Norton, 2004)

Criminal Law
For a unanimous panel, rejected the claim of a man flying to Nigeria that his luggage was unlawfully searched at the border. Clement ruled broadly that customs inspectors need not have probable cause to search the bags of people who are leaving the country. (U.S. v. Odutayo, 2005)

Agreed with a unanimous panel that an asylum applicant who was 20 minutes late to a hearing because he'd taken the wrong highway exit should not have been ordered deported in absentia and was entitled to a new hearing. (Alarcon-Chavez v. Gonzales, 2005)

Habeas Corpus
Over a dissent, ruled that a death-row inmate who claimed to be mentally retarded was entitled to a lawyer to develop that claim in a habeas petition. Clement's ruling followed the Supreme Court's 2002 decision barring the execution of the mentally retarded. She followed up with a second opinion that limited the significance of her ruling by stating "this is a fact-bound case." (Hearn v. Dretke, 2004)

For a unanimous panel, reversed a decision of the district court finding that a police officer convicted of civil rights violation, for hitting a drunk suspect in the head with his baton, was entitled to a new trial because his lawyer was ineffective. The officer argued that his lawyer erred by failing to call character witnesses to rebut testimony that he'd complained about the need to control Mexicans in the United States. Clement said the rebuttal evidence would have been irrelevant because the officer was not charged with a hate crime. (U.S. v. Harris, 2005)

Damage Awards
Over a partial dissent, in reviewing a jury verdict in favor of a man whose wife and 3-year-old daughter were killed in a car crash, affirmed damage awards of $1.9 million for the man's loss of his wife and $1.5 million for the loss of his daughter. Reduced from $200,000 to $30,000 an award to the wife's estate for her pain and mental anguish before her death and eliminated a $200,000 award to the daughter's estate for her pain and mental anguish. (Vogler v. Blackmore, 2003)

She's also stated that Roe vs Wade is "settled" law.


Has anyone heard of her???


IMO she would be easily confirmed..


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama


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Offlinelonestar2004
Live to party,work to affordit.
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Registered: 10/03/04
Posts: 8,978
Loc: South Texas
Last seen: 5 years, 8 months
Re: Tradesport.com Favors Clement for Supreme Court [Re: lonestar2004]
    #4422917 - 07/19/05 12:18 PM (11 years, 4 months ago)

Edith Clements confirmation hearing ... written responses to questions from Senator Kennedy:
Question 2B: Do you believe the constitution contemplates a ``right to privacy''?

Answer: Yes, as I stated in my responses to the follow-up questions asked by Senator Kohl, I do believe that the Constitution contemplates a right to privacy. The Supreme Court has repeatedly held that the Constitution encompasses a right to privacy.

Question 2C: Do you believe the constitutional right to privacy encompasses a woman's right to have an abortion?

Answer: The Supreme Court has clearly held that the right to privacy guaranteed by the Constitution includes the right to have an abortion. The cases handed down by the Supreme Court on the right to abortion have reaffirmed and redefined this right, and the law is settled in that regard. If confirmed, I will faithfully apply Supreme Court precedent.


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama


Post Extras: Print Post  Remind Me! Notify Moderator
Offlinelonestar2004
Live to party,work to affordit.
 User Gallery

Registered: 10/03/04
Posts: 8,978
Loc: South Texas
Last seen: 5 years, 8 months
Re: Tradesport.com Favors Clement for Supreme Court [Re: lonestar2004]
    #4424250 - 07/19/05 06:01 PM (11 years, 4 months ago)

Clements stock has fallen dramatically. (that sucks)

Edith Jones is on the rise. ( very conservative)


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama


Post Extras: Print Post  Remind Me! Notify Moderator
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