Schwarzenegger names choice for chief justice (CA Supreme Court)

[alp227]

Source: San Francisco Chronicle

(07-21) 17:48 PDT SACRAMENTO -- Tani Cantil-Sakauye, an appellate justice with a reputation as a moderate Republican, was nominated Wednesday by Gov. Arnold Schwarzenegger to become California's chief justice, the second woman and first non-white ever named to that position.

A Filipina American whose parents were both farm workers, she would give the seven-member state Supreme Court a female majority for the first time in its history.

Schwarzenegger announced his choice with unusual swiftness, only a week after Chief Justice Ronald George unexpectedly declared that he would not seek another 12-year term as head of the state's judiciary.

George, 70, best known as the author of the May 2008 ruling that briefly legalized same-sex marriage in California, has been chief justice since 1996. He said he was timing his retirement so Schwarzenegger could appoint his successor.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/21/BAPH1EHPMO.DTL

---

So the California Supreme Court will remain dominated by Republicans (a 6-1 majority including the retiring George).

Further down the article, I read a case from fall 2009 that made me think: "aww jeez this reminds me of Phyllis Schlafly". In October, she overturned the conviction of a 16-year-old boy for sending threatening or obscene text messages to his ex-girlfriend; the boy threatened to shoot himself and other students and sent another text with obscene language. Lacking empathy for the supposed victim much, or just interpreting the law as it is?

If anything I can't wait for Jerry Brown to nominate a liberal for once.

[GOPNotForMe]

1. Unfair

Frankly, we have WAY too many judges who are slanted against the defendant in criminal cases, so, knowing nothing about your "Phyllis Schlafly" case, I am encouraged by the prospect of a judge who would adhere to the law rather than use the bench as a chance to throw people's lives away.

And the Michelle Malkin comment is just rude.

[alp227]

3. Removed comment in response to your remark.

Sorry if I offended anyone. This is a progressive message board after all, and I guess I failed at my attempt at bashing the right-wing.

[Hawkeye-X]

2. Hope the California legislature, in its infinite wisdom, reject any more fuckwits

from the Boobengrabber. The Chief Justice position choice should be given to Jerry Brown alone to make the call as to who should be Chief Justice.

[Igel]

4. "Lacking empathy for the victim"?

Her point was there *was* no victim.

'But Cantil-Sakauye said the youth had never threatened to harm his ex-girlfriend, noted the girl had said she wasn't offended, and observed that both youngsters had attended a school where "such language is in common parlance".'

Now, she may be mistaken but I have to assume there was some evidence in the trial transcripts to support these statements.

It's easy to have empathy. Unfortunately, until the dust is settled and the trial's over so you know who's guilty and who's not, who's actually a victim and who's not, "empathy" is often just another word for "bias" or "preference." If you empathize with the alleged victim, you're more likely to consider the defendent guilty; if you empathize with the defendent, you're more likely to accept arguments that allow him/her to walk. Empathize after verdict, maybe--consider extenuating circumstances, but only if they really are extenuating or mitigating, not just because you feel sorry for the person, because you see yourself in him/her. A bit of suffering is good for judges.

I like one line from the article: That the court she was was considering "not whether California law should, but whether California law does" allow something.

[Frank Booth]

5. Honestly, California Republican judges are about as conservative as most

"liberal" judges in the rest of the country.

[Joe Bacon]

6. Chief Justice George knew he would be defeated like Rose Bird was.

The Republicans and their pulpit pimp pals in the churches pulled out the knives to kill George just like they killed Rose Bird in 1986. George knew that he would lose the retention vote because of his ruling on Prop 8. Hopefully, Jerry Brown will name some decent Justices when vacancies occur.