The Dissents Of Priscilla Owen: A Judicial Nominee Who Would Make The Law, Not Interpret It


President Bush has said that it is his goal to nominate judges to the federal bench who will interpret the law, not make it. As the foregoing cases demonstrate, however, Priscilla Owen falls far short of the President's own standard. In numerous dissents as a Texas Supreme Court Justice, Owen has taken positions that would have effectively rewritten the law or disregarded the express language of the law, often to the detriment of the rights and interests of ordinary Americans. Because the United States Supreme Court hears fewer than 90 cases a year, the federal courts of appeal are the courts of last resort for virtually all Americans. The serious concerns about Justice Owen's record discussed in this report, as well as significant concerns about other aspects of her record, demonstrate that she does not satisfy the criteria for a lifetime appointment to the federal appellate bench. The Senate Judiciary Committee should reject Priscilla Owen's confirmation to the United States Court of Appeals for the Fifth Circuit.

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