Janice Rogers Brown – Court of Appeals, D.C. Circuit

Brown was confirmed.

Brown Compared Liberalism To Slavery. According to the New York Times, “Janice Rogers Brown, the African-American daughter of Alabama sharecroppers who was confirmed Wednesday to the federal appeals court here, often invokes slavery in describing what she sees as the perils of liberalism. ‘In the heyday of liberal democracy, all roads lead to slavery,’ she has warned in speeches. Society and the courts have turned away from the founders’ emphasis on personal responsibility, she has argued, toward a culture of government regulation and dependency that threatens fundamental freedoms. ‘We no longer find slavery abhorrent,’ she told the conservative Federalist Society a few years ago. ‘We embrace it.’ She explained in another speech, ‘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.’” [New York Times, 6/9/05]

Brown Has Argued That Judges Should Look To Higher Authority Than The Law In Decisions. According to the New York Times, “She has often said that she has been guided through the challenges of her life and work by her deep Christian faith, and she has often argued that judges should look to higher authorities than precedent or manmade laws in making decisions.” [New York Times, 6/9/05]

Brown: New Deal Was “The Triumph Of Our Socialist Revolution.” According to the New York Times, “This week, some Senate Democrats have even singled her out as the most objectionable of President Bush’s more than 200 judicial nominees, citing her criticism of affirmative action and abortion rights but most of all her sweeping denunciations of New Deal legal precedents that enabled many federal regulations and social programs – developments she has called ‘the triumph of our socialist revolution.’” [New York Times, 6/9/05]

Brown Is A Conservative Opponent Of Affirmative Action. According to USA Today, “[T]he prominent U.S. Court of Appeals for the District of Columbia Circuit, regarded as a steppingstone to the Supreme Court. Janice Rogers Brown, 58; Brett Kavanaugh, 43; Thomas Griffith, 53; and, before he was elevated, Roberts. Perhaps the most controversial was Brown, who as a judge on the California Supreme Court earned a reputation as a bold advocate of property rights and an opponent of affirmative action.” [USA Today, 3/14/08]