Carlos Moreno: Supreme Court candidate: The Swamp
The Swamp
Chicago Tribune
Posted May 13, 2009 3:40 PM
The Swamp

by Mark Silva and updated

Carlos Moreno, a California State Supreme Court Justice, has emerged as one of several leading candidates to replace retiring Justice David Souter, according to The Atlantic and the Associated Press, with TheAtlantic.com citing "an administration official and a Democratic lawyer with ties with the White House,'' the AP "a source.''

Carlos Moreno.jpg

Sen. Dianne Feinstein of California has recommended Moreno to the White House, Tribune's Washington bureau confirms.

Senators who left a meeting with President Barack Obama at the White House today said he plans to nominate a justice "soon,'' though a timeframe was not spelled out. Obama met with Senate Majority Leader Harry Reid, Judiciary Chairman Patrick Leahy, Minority Leader Mitch McConnell and ranking Judiciary member Jeff Sessions.

Moreno is among the potential candidates whom Obama asked about as his advisers started compiling dossiers for potential nominees after his election, Marc Ambinder is reporting. Another was Sonia Sotomayor of the 2nd Circuit Court of Appeals in New York.

Either Moreno or Sotomayor could offer Obama, who was elected with a solid majority of the Hispanic vote, the first Hispanic candidate for the high court.

The administration official cited by the Atlantic wouldn't put Moreno on an official short list, but the AP reports that Moreno and at least five others are under consideration. and would not provide other details.

"Moreno, 60, is well pedigreed, with degrees from Yale and Stanford,'' Ambinder notes. "He began his career as a deputy city attorney in Los Angeles... He was nominated as a federal judge by President Bill Clinton, served as president of the Mexican-American Bar association, and was nominated to the California Supreme Court by Gray Davis in 2001.

"The empathy factor? He's a foster parent.''

There's a potential political drawback, too: Moreno voted in favor of same-sex marriage when it came before the California court in 2008.

(Photo of Carlos Moreno, University of California at Davis School of Law.)

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Comments

Oh NO!


He's one of those scary brown people!


We can't have that, it goes against all of our angry old rich white guy principles!!



The Party of "NO!" strikes again!


The GOP has already announced their opposition to President Obama's judicial nominee.....a nominee that doesn't even exist yet.
http://www.politico.com/blogs/bensmith/0509/GOP_PAC_warns_Senate_Republicans.html


The GOP reminds me of the Prohibition Party, after prohibition.
http://media.photobucket.com/image/goposaur/tbetz/Goposaur_xlg.gif?o=5



Still someone with University of Chicago with Obama connections.


Oh, please, not Moreno. He is worse than a judicial activist. He is an outcome-oriented jurist, who, despite his reputation, really doesn’t side with the poor and powerless as much as the law would either allow or dictate that he ought to. He spent a total of three years on the federal bench before giving it up to become an Associate Justice of the California Supreme Court. That’s not a lot of experience in the federal system when compared to other, more qualified candidates. I might add that the California Supreme Court is too often at odds with federal law in its decisions.
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In any event, Moreno is most definitely not the best choice. If Obama wants to choose someone with a Hispanic background, diversity of experience, competence to do the job, and a kindred spirit, Judge Sotomayor of the Second District would be a much finer choice. At least, we might have some principled decision-making out of his nominee.


Sign on United States Supreme Court door.... "NO WHITE BOYS NEED APPLY" Wow...this country sure has come a long way! Discrimination is always a horrible thing....unless of course it's payback for white men. And don't give me this garbage about past history....most people were not even alive when all the racism took place in this country....racism is a thing of the past...rejecting qualified candidates because of what others did 50-60 yrs ago is ridiculous. PERHAPS THE SUPREME COURT SHOULD TAKE UP THIS OBVIOUS CASE OF DISCRIMINATION HA HA HA!!!


In any event, Moreno is most definitely not the best choice. If Obama wants to choose someone with a Hispanic background, diversity of experience, competence to do the job, and a kindred spirit, Judge Sotomayor of the Second District would be a much finer choice. At least, we might have some principled decision-making out of his nominee.

Posted by: John W. | May 13, 2009 5:47 PM
***************


Consevative lawyers who are worth a damn would actually be working today instead of spending their time bloviating about how they aren't being listened to in regards to Obama's potential judicial nominee, especially after they cheerleaded while Bush was ramming through rightwing sycophant judges like Alito and Roberts onto an alreading conservative leaning supreme court the last eight years.
.
http://www.youtube.com/watch?v=qCLz7XQOIOQ



Sign on United States Supreme Court door.... "NO WHITE BOYS NEED APPLY" Wow...this country sure has come a long way! Discrimination is always a horrible thing.
Posted by: Joe | May 13, 2009 6:26 PM
.

The only ones saying anything about "No White Boys Need Apply" are right-wing lunatic fringers like yourself.


Try again, Joey...



* * * * *
Posted by: unemployed lawyer | May 13, 2009 6:35 PM
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I am working today, you worthless piece of rat filth. I am drafting a writ petition on my computer. I don’t have to go to the office or court, wear a tie or meet with clients to do this. It’s just me, the record and the law books in front of the computer. However, since I am my own boss, I get to take a break from time to time to peruse the Swamp and reply to your idiotic posts.
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And I’m not bloviating, and I’m not complaining that no one listens to me. To “bloviate” is to speak in a pompous, bombastic and self-aggrandizing manner. That isn’t what I did. I offered some accurate and concrete observations about Justice Moreno. However, since your two brain cells haven’t apparently met today, you can’t reply with anything other than your standard ad-hominem attack.
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Time to go back to work.


am working today, you worthless piece of rat filth. I am drafting a writ petition on my computer. I don’t have to go to the office or court, wear a tie or meet with clients to do this.
Posted by: John W. | May 13, 2009 7:15 PM
......


Watch out for the anti-government black helicopters, Dubya. I hear they live in anti-government/unemployed idle
minds like yours.
.
http://en.wikipedia.org/wiki/Timothy_McVeigh



* * * * *
Posted by: unemployed lawyer | May 13, 2009 8:09 PM
.
To call your last post stupid would do a great disservice to stupid people. And that’s all the comment it deserves.


Sotomayor is the only living federal judge to have issued a labor injunction.

Also, she is not Mexican.

Obama owes Mexican-Americans big.

This California judge looks like Benjamin Cardozo.

Is he pro-choice?


Enterprising reporters, tell me more:

Why was he not seated on federal bench?

Could it be Mormon Orrin?

or Snarlin' Arlin?

It would be sweet to seat him on the Supreme Court, to spite them.


* * * * *
Posted by: ornery | May 13, 2009 10:16 PM
.
You wrote: “Sotomayor is the only living federal judge to have issued a labor injunction.”
.
So? What were the facts and arguments in the case? Maybe it needed to be issued. If you have a problem with this, then explain why it was unfair or unauthorized under the law.
.
You then comment: “Also, she is not Mexican.”
.
You’re right, she’s not. She’s Puerto Rican. Do you have a problem with Puertorriqueñas? Is that some reason to disqualify her?
.
You then wrote: “Obama owes Mexican-Americans big.”
.
Obama owes his loyalty and service to all Americans. He is not the President of some and not others. Political payback is a very poor reason to select one nominee over another, especially if it means selecting the one with the least qualification.
.
You comment: “This California judge looks like Benjamin Cardozo.”
.
Looks can be deceiving. This guy is no Cardozo. Unlike Cardozo, Moreno has yet to write any opinion that is worthy of universal acclaim as a legal standard, or even one that might accidentally make it into a law school casebook.
.
And, yes, Moreno is pro-choice. So is Sotomayor. I suspect everyone on Obama’s short list is pro-choice.


Ornery,
.
I think you might be wrong in asserting that “Sotomayor is the only living federal judge to have issued a labor injunction.” In November of 2008, Judge Joan H. Lefkow of the Northern District of Illinois, Eastern Division, issued a preliminary injunction against the Air Line Pilots Association, International (“ALPA”), et al, in a suit brought by United Airlines. ALPA is not only a union, it claims to be “the largest airline pilot union in the world …” (See http://www.alpa.org/AboutALPA/WhoWeAre/tabid/2030/Default.aspx ) Judge Lefkow is not only alive, she is still sitting as a Judge of the Northern District of Illinois. (See http://www.ilnd.uscourts.gov/home/JudgeInfo.aspx ) (Although, you may remember from the news that she was the one who came home to find some of her family members murdered.) In any event, you can find the order issuing the preliminary injunction here: http://www.ualinfo.com/docs/Mem.Order.11-17-08.pdf The Seventh Circuit affirmed the order issuing the preliminary injunction March 9th of this year. You can read the opinion at http://www.ualinfo.com/docs/08-4157typescript.pdf . Your thoughts?
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Oh, and BTW, Moreno sat as a federal district court judge in California for three years until he was asked to serve as an Associate Justice on the California Supreme Court. So, no, he wasn’t prevented from serving by any of the “Repugs” in the Senate.


Sign on United States Supreme Court door.... "NO WHITE BOYS NEED APPLY"
Posted by: Joe | May 13, 2009 6:26 PM


I see....only a "white boy" is qualified. If it were a woman or person of color, they had to be picked because of those reasons because there is no way they could be qualified. Some twisted logic there Clem.


'Bug eyes' McConnell and little Jeff Sessions (named after a Confederate General) are sadley mistaken if they really believe the next Supreme Court Justice is going to be an anti-abortion conservative white male.


Evil racist, circa 1850: "No Black males need apply"
Enlightened PC "balancer", circa 2009: "No White males need apply"

Hope that makes everything clear.....


You're right, according to the Wiki Elves.

So he does have a sense of the balance between the States and the Federal government.

I didn't know Joan had issued such an injunction.

If so, then Sonia has one other who's "crossed the line".

Labor injunction: big no-no in American legal history.

I'd like to hear more about Judge Carlos.


I see....only a "white boy" is qualified. If it were a woman or person of color, they had to be picked because of those reasons because there is no way they could be qualified. Some twisted logic there Clem.

Posted by: bill r. | May 14, 2009 7:31 AM


Yep, the knuckle draggers will never accept that a nominee who is anything other than a straight, white, christian male could possibly be a legitimate choice. They assume that the most qualified person is always a straight white christian male and that any other choice is tokenism.


“Yep, the knuckle draggers will never accept that a nominee who is anything other than a straight, white, christian male could possibly be a legitimate choice. They assume that the most qualified person is always a straight white christian male and that any other choice is tokenism.”
.
Posted by: Mel | May 14, 2009 3:00 PM
.
That’s right, Mel! Those stupid mouth-breathing knuckledraggers! Far be it from them to appoint the likes Benjamin Cardozo, Sandra Day O’Connor and Clarence Thomas to the bench!


Calm down John W, I wasn't refering to every Republican, (or even fringe Libertarians like you), I was refering to the knuckle draggers on these boards that post nonsense like "white guys need not apply". I'm fairly sure those folks felt that the people you named were tokens even though appointed by RepublicansThe people who think that way are mouth breathing knuckle draggers, no matter who the President is.


* * * * *
Posted by: Mel | May 15, 2009 3:13 PM
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I’m sorry, Mel. I was just having a little fun. I don’t need to calm down. I was laughing. (And I still am.)


Posted by: John W. | May 15, 2009 3:38 PM

Cool. Have a nice weekend!


* * * * *
Posted by: Mel | May 15, 2009 3:55 PM
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Thanx. U 2.


So Susan is not only a good singer, but also teaches us a lot about social media. The key to making a good viral video is to have good content in the first place, but what makes good content can be difficult for us to predict in advance. The best we can do is to understand our target audience and then create something we think will appeal to them. But maybe we’ll never be as successful as an unassuming singer from Scotland.


In May 2009, I sent the following letter to the President and senior members of Congress concerning my view about Carlos Moreno's potential appointment to the U.S. Supreme Court. Fortunately, he was not appointed, probably because of his 'stirring' equal protection driven dissent written in the later of the California Supreme Court's gay marriage cases. I now see that Mr. Moreno is running for election to the California Supreme Court in 2010. I reiterate my comments about him from last year:


In 1998, when I was 7 years old, Judge Carlos Moreno refused to order the Los Angeles Unified School district to stop prohibiting me from attending a free, summer remedial education program. At the end of First Grade, I could not do math at first grade level, nor could I read a first grade level. Crying poor mouth, the Los Angeles Unified School District had refused to allow me to attend the remedial summer education program BECAUSE I AM A U.S. CITIZEN. You see, the school district decided to limit their summer program to NON-CITIZENS, whether they needed the remedial classes or not.


As a result, my best friend Linda, who was a French and Algerian citizen could attend the remedial program, even though she could read at Third Grade Level, but I could not attend.


My parents filed a lawsuit against the school district, under the well known U.S. Supreme Court case Plyler v. Doe, which very bluntly says that no child, regardless of citizenship, can be denied equal access to free public educational programs. The case was in the U.S. District Court for the Central District of California, Case No. 2:98-cv-04988-CM-AJW.


I remember being in the court room at the hearing, where Judge Carlos Moreno said he didn't care about my rights to Equal Protection under the Constitution or Plyler v. Doe, and that if the Los Angeles Unified School District didn't have enough money for all of its elementary school students to attend remedial summer school, that THEY COULD DISCRIMINATE AGAINST ME BECAUSE I AM A CITIZEN.


I will never forget how the people in the court room gasped when he said that, and how I cried. The Los Angeles Unified School District never gave me any remedial math education, and to this day I cannot pass the Federally required "No Child Left Behind" math exam.


Judge Carlos Moreno may have gone to Yale and Stanford, but in dealing with me, and my Constitutional rights, he acted like nothing more than an old time, crooked, ethnic politician. I later learned that he had been President of the Mexican American Bar Association, so it became all the more clear to me who he was protecting to my detriment in 1998, Mexican non-citizen students.


Judge Carlos Moreno is a racist and does not deserve to be on any Supreme Court.


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