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Securing a Conservative Infrastructure, pp 227-240



1  The Sentencing Project, "Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States," (1998), http://www.hrw.org/reports98/vote/usvot98o-01.htm#P101_2428 (accessed November 5, 2004).

2  Edwin Meese and Rhett DeHart, "The Imperial Judiciary.And What Congress Can Do About It." Policy Review, no. 81 (Jan.-Feb. 1997): 1.

3  See Stephen Fitschen, "Impeaching Federal Judges: A Covenantal and Constitutional Response to Judicial Tyranny." Regent University Law Review vol.10 (Spring 1998).

4  See George Allen, "The Courage of our Convictions: The Abolition of Parole Will Save Lives and Money," Policy Review, no. 72, (Spring 1995): 4-7 and Kenneth Roehm and Peter Flaherty, "Legal Disservices Corp.: There are Better Ways to Provide Legal Aid to the Poor," Policy Review, no. 74 (Fall 1995).

5  See Edward Lazarus, "Ashcroft's new charging, plea bargaining, and sentencing policies." Findlaw, October 3, 2003. http://www.cnn.com/2003/LAW/10/03/findlaw.analysis.lazarus.ashcroft/ (accessed November 5, 2004).

6  Patrick Kiger, Hidden Agendas: What is Really Behind Attacks on Legal Aid Lawyers? (New York: Brennan Center for Justice, 2001), p. 6.

7  Kiger, Hidden Agendas, pp. 5-10.

8  Kiger, Hidden Agendas, pp. 11-14.

9  Kiger, Hidden Agendas, pp. 15-19.

10  See the Mission section of CIR's website. http://www.cir-usa.org/mission_new.html

11  The Washington Legal Foundation is also a conservative public interest law firm that emphasizes the free market. Its advisory board includes (or has included) Ted Olson (George W. Bush's solicitor-general, who was his lawyer in the Florida ballot case against Al Gore), Haley Barbour (former chair of the Republican National Committee), Former Governors Tommy Thompson (R-WI), George Allen (R-VA), and William Weld (R-MA), Dick Thornburgh (George Bush's attorney-general), and Rep. Tom Campbell (R-CA). See Derk Arend Wilcox, The Right Guide: A Guide to Conservative, Free-Market, and Right-of-Center Organizations (Ann Arbor, MI: Economics America, 2000), pp. 343-344.

12  See the section "A Brief History of CIR" on its website. http://www.cir-usa.org/history.html.

13  Terry Carter, "On A Roll(back)," American Bar Association Journal, vol. 84 (February 1998), pp. 54-58,

14  Carter, "On A Roll(back)," p. 57, citing Elliot Mincberg, Legal Director, People for the American Way.

15  W. John Moore, "The Influence Game: A Little Group Makes Big Law," National Journal 29, no. 46 (1997): 2323.

16  David Segal, "Putting Affirmative Action on Trial; D.C. Public Interest Law Firm Scores Victories in War on Preferences," Washington Post, February 20, 1998, p. A1.

17  See Carter, "On A Roll(back)," pp. 56-57.

18  On some of George W. Bush's earliest nominees who are neither moderate nor centrist see the People for the American Way website http://www.pfaw.org/issues/judiciary/reports/bush_judic/nominees.htm.

19  Cass R. Sunstein, "Tilting the Scales Rightward," New York Times, April 26, 2001, p. A23.

20  The Federalist Society was founded in 1982 and is based in Washington, D.C. See Lee Cokorinos and Julie R. F. Gerchik, The Federalist Society and the Challenge to a Democratic Jurisprudence (New York: Institute for Democracy Studies, 2001). See also Jerry M. Linday, "The Conservative Cabal that's Transforming American Law," Washington Monthly (March 2000) http://www.mediatransparency.org/stories/feddies.htm. Neil Lewis reports that 17-20 of the 70 candidates interviewed until April 2001 were recommended directly by the Federalist Society's headquarters: See Neil A. Lewis, "Bush to Reveal First Judicial Choices Soon," New York Times, April 24, 2001.

21  See the press release by Nan Aron, President of the Alliance for Justice, criticizing the Bush Administration for excluding the ABA. http://www.afj.org/jsp/news/abarelease.html.

22  See the Alliance for Justice's Judicial Selection Project report on judicial nominations. http://www.afj.org/jsp/report2000/home.html

23  Ibid. The report also notes that while Clinton appointed more non-White and female judges than all of his predecessors combined, his appointments did not necessarily restore the ideological balance in the judiciary as most of his nominees were moderate centrists.



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