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NAPALC Opposes Nomination of Judge Janice Rodgers Brown
by Amee Chew
June 10, 2005
The National Asian Pacific American Legal Consortium (NAPALC) issued a statement on June 8 opposing the nomination of Judge Janice Rogers Brown to the U.S. Appeals Court for the District of Columbia. The same day, Brown was confirmed by the Senate to one of the most influential federal appeals courts in the country, the second highest court level in the judicial system.
“We do not believe that Judge Brown will uphold the standards of promoting diversity and achieving equal opportunity for all Americans,” said Karen K. Narasaki, president and executive director of NAPALC.
NAPALC cites Brown's past judicial record of opposing the advancement of women and minorities. Specifically, in Aguilar v. Avis Rent A Car Systems, Inc., Brown dissented with the majority, arguing that racially discriminatory speech in the workplace is protected speech under the First Amendment. She further claimed that that Title VII of the Civil Rights Act of 1964 is unconstitutional under the First Amendment.
Brown has been described by critics as an extremist who regularly describes liberal government policies as “slavery.” The African-American daughter of sharecroppers, she argues that instead of emphasizing personal responsibility, society has turned towards a culture of government regulation and dependency – that threatens freedom. “In the heyday of liberal democracy, all roads lead to slavery,” she has warned.
“If we can invoke no ultimate limits on the power of government, a democracy is inevitably transformed into a kleptocracy – a license to steal, a warrant for oppression,” Brown explained in a speech. Brown has criticized affirmative action and abortion rights. She strongly denounced New Deal legal precedents that allowed many federal regulations and social programs – calling these “the triumph of our socialist revolution.” In a court opinion involving fees charged to San Francisco hotel owners, she wrote “private property, already an endangered species in California, is now entirely extinct in San Francisco.”
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