'I'm Quoting From You Now...': John Kennedy Confronts Biden Judicial Nominee About Her Record

Forbes Breaking News
18 Apr 202407:17

Summary

TLDRThe transcript appears to be from a Senate hearing where a judge from the Washington State Court of Appeals is being questioned. The judge is addressed by Senator Kennedy, who congratulates the panel and then questions the judge on various topics. The senator inquires if the judge considers herself a political activist, to which she responds that she does not. The judge is then questioned about a statement she and her friends issued on racism and white supremacy, and she confirms the accuracy of the quote. Further, the judge is asked about her involvement with Planned Parenthood, to which she explains that her husband made donations and she might have been listed as a donor as well. The senator also questions the judge on her record, specifically on cases where her decisions were reversed by the State Supreme Court. The judge admits that she has been reversed in approximately 2% of her cases, which amounts to about 11 cases out of over 450. The discussion highlights the judge's commitment to her role and her handling of complex legal issues.

Takeaways

  • 🎓 The judge is a member of the Washington State Court of Appeals and does not consider their role to be that of a political activist.
  • 📜 In 2012, the judge and 10 friends issued a statement addressing the pervasive issue of racism and white supremacy in social, educational, economic, governmental, and legal systems.
  • 🏛 The judge has been listed as a 'silver friend' of Planned Parenthood, indicating donations made between $1,000 and $2,500, although the judge claims it was their husband who made the donations.
  • 💼 The judge's husband has made donations to Planned Parenthood and the judge was listed alongside him, possibly due to a joint donation.
  • 🕒 As of 2018, the judge has been a donor to Planned Parenthood for at least 10 consecutive years, although the judge does not recall the specifics.
  • 🏡 The judge was questioned about several cases they presided over, including State v. Westwood, where they were reversed.
  • 📉 The judge estimates that they have been reversed in about 2% of the cases they have issued, which equates to approximately 11 cases out of over 450.
  • 🏞️ The case of Personal Restraint of Aist was mentioned, where the judge believes they were not reversed in the outcome, but there was a disagreement on some aspects.
  • 👪 Parental Rights of ALK was another case where the judge acknowledges a reversal by the state supreme court.
  • 💣 In the case of State v. Logbomb, the judge's opinion to affirm a conviction was overruled by the state supreme court.
  • 🚫 The judge was questioned about several other cases, including State v. Barbosa V Cortez, State v. Telic, Hendon v. Moses Lake School, State v. Curry, and Estate v. Wrath Bone, where reversals occurred in some instances.

Q & A

  • What is the role of the person being addressed in the transcript?

    -The person being addressed is a judge on the Washington State Court of Appeals.

  • What did the judge and their friends write a statement about in 2012?

    -They wrote a statement on racism, white supremacy, and justice, addressing how these issues plague various systems in the state and the nation.

  • How does the judge respond to being labeled a political activist?

    -The judge denies being a political activist and states that they consider themselves a judge.

  • What does the term 'silver friend' mean in the context of Planned Parenthood?

    -A 'silver friend' is a designation given to individuals who have donated between $1,000 and $2,500 to Planned Parenthood of Greater Washington in North America.

  • What does the judge say about their involvement with Planned Parenthood?

    -The judge states that they do not recall being listed as a donor for the last 10 consecutive years before 2018, but they do remember that their husband had donated and they might have been listed along with him.

  • What percentage of cases has the judge been reversed on?

    -The judge mentions that they have been reversed in about 2% of the cases they have issued.

  • What does the judge say about the case State v. Westwood?

    -The judge acknowledges that State v. Westwood was a complicated case and believes it was one of the 2% of cases they were reversed on.

  • How does the judge respond to the question about the case Personal Restraint of Aist?

    -The judge does not provide a direct answer about being reversed in that case but mentions that they were not reversed as to the outcome, although the state supreme court disagreed on one aspect.

  • What is the judge's position on the case State v. Barbosa v. Cortez?

    -The judge does not recall the specifics of the case but acknowledges that it might have been one of the 2% of cases where they were reversed.

  • How many cases out of 450 does 2% represent?

    -2% of 450 cases is approximately 9 to 10 cases.

  • What was the judge's stance on the case Douglas v. Shamrock Paving Company?

    -The judge was largely affirmed in the case, with the only reversal being related to an award of attorney fees regarding a new law on environmental investigations.

Outlines

00:00

👨‍⚖️ Judicial Role and Political Activism

The first paragraph involves a dialogue between a chairperson and a judge from the Washington State Court of Appeals. The judge is questioned about being a political activist, which they deny, stating their role is non-political. The conversation also touches on a written statement the judge and others made regarding racism and white supremacy's pervasive influence on various societal systems, and the judge's stance on this issue. Additionally, there's a discussion about the judge's association with Planned Parenthood, their donations, and the implications of being listed as a 'silver friend' in the organization's annual reports.

05:01

🏛️ Court Cases and Reversal Rates

The second paragraph is a continuation of the questioning, focusing on the judge's record in the court, specifically on cases where their decisions were reversed by a higher court. The judge is asked about several cases, including State V. Westwood, Personal Restraint of Aist, Parental Rights of ALK, and others. The judge acknowledges that they have been reversed in approximately 2% of their cases, which they consider a small percentage given the complexity and novelty of the issues they deal with. The discussion also includes a calculation of what 2% of 450 cases would be, which the judge estimates to be around 11 cases.

Mindmap

Keywords

💡Political Activist

A political activist is a person who is involved in political activities, often advocating for changes in society or government. In the script, the judge clarifies that despite being involved in the Washington State Court of Appeals, they do not consider themselves a political activist, which is significant as it addresses misconceptions about their role and activities.

💡Racism and White Supremacy

Racism is the belief in the inherent superiority of one race over another, which often results in discrimination and prejudice. White supremacy is a specific form of racism that asserts the dominance of white people. The script discusses a statement made by the judge and others on the pervasive nature of racism and white supremacy in various societal systems, highlighting its historical and ongoing impact on marginalized communities.

💡Planned Parenthood

Planned Parenthood is a non-profit organization that provides reproductive health services, including contraception, abortion, and sex education. In the script, the judge is questioned about their affiliation with the organization, specifically their status as a 'silver friend,' which indicates a level of financial support. This keyword is relevant as it touches on the judge's personal values and potential biases.

💡Court of Appeals

A court of appeals, also known as a court of appeal, is a court that hears cases on appeal from lower courts. The judge in the script is part of the Washington State Court of Appeals, and the discussion revolves around their judicial decisions and reversals, which are crucial to understanding their professional background and the scrutiny they face in their role.

💡Judicial Reversal

A judicial reversal occurs when a higher court overturns the decision of a lower court. In the script, the judge is questioned about specific cases where their decisions were reversed by a higher court, which is an important aspect of evaluating their judicial record and the consistency of their legal interpretations.

💡Donation

A donation is a gift, typically of money, without any expectation of payment in return. The script mentions the judge's husband's donations to Planned Parenthood and the judge's own possible donations, which are relevant to understanding potential influences on their decisions and affiliations.

💡Legal System

The legal system refers to the set of institutions and processes that are responsible for enforcing laws and maintaining order within a society. The script discusses the judge's views on the pervasive issues of racism and white supremacy within the legal system, which is central to the dialogue on social justice and judicial reform.

💡Inequality and Inequity

Inequality refers to the unequal distribution of resources or opportunities, while inequity specifically refers to unfairness in such distribution. The script addresses the judge's recognition of entrenched inequality and inequity resulting from racism and white supremacy, which is a key theme in the discussion of social and legal reform.

💡Case Law

Case law, or precedent, is a set of past judicial decisions that guide the decisions of future cases with similar issues. The script references several cases, such as State v. Westwood and others, which are part of the judge's case law record and are used to evaluate their performance and consistency in legal reasoning.

💡State Supreme Court

The state supreme court is the highest court in a state's judicial system, with the power to review decisions from lower courts. In the script, the state supreme court's role is highlighted in cases where the judge's decisions were reversed, which is significant in understanding the hierarchy of the legal system and the judge's place within it.

💡Judicial Activism

Judicial activism refers to the practice of judges making decisions based on personal or political beliefs rather than strictly adhering to the law. The script indirectly touches on this concept when the judge is questioned about their political activism, which is a concern because it could potentially influence their judicial decisions.

Highlights

The judge on the Washington State Court of Appeals discusses their role and clarifies they do not consider themselves a political activist.

A written statement from 2012 is read, addressing the pervasive issue of racism and white supremacy in social, educational, economic, governmental, and legal systems.

The judge acknowledges the impact of racism and white supremacy on black, indigenous, African American, Latinx, and other communities of color, leading to entrenched inequality.

The judge's involvement with Planned Parenthood is questioned, with the judge stating they were listed as a donor due to their husband's contributions.

The judge's memory of their donations to Planned Parenthood is questioned, with the judge stating they do not recall specific details.

The judge is asked about specific cases they presided over, including State V. Westwood, and their reversal rate in cases.

The judge estimates that they have been reversed in about 2% of the cases they have issued.

The judge recalls the case of Personal Restraint of Aist and confirms they were not reversed in that case.

The judge discusses the case of Parental Rights of ALK and acknowledges it as one of the 2% of cases where there was a reversal.

The case of State V. The Log Bomb is mentioned, with the judge recalling the case and confirming a reversal by the state supreme court.

The judge is questioned about the case of State V. Barbosa V Cortez, but does not recall the specifics.

The judge recalls the case of State V. Telic and suggests it might be one of the 2% of cases reversed.

The judge discusses the case of H. Hendon V Moses Lake School, indicating it might be one of the 2% of cases where the state supreme court disagreed.

The case of State V. Curry is mentioned, with the judge confirming it as one of the 2% of cases reversed.

The judge is questioned about the case of Estate V. Wrath Bone, and they suggest it is likely one of the 2% of reversed cases.

The case of Douglas V. Shamrock Paving Company is discussed, with the judge clarifying they were only partially reversed on the award of attorney fees.

The judge emphasizes the complexity of the cases they handle, many involving novel issues, and the significance of the reversal rate in the context of their overall caseload.

Senator Booker calculates that 2% of 450 cases would be approximately 11 cases, highlighting the judge's reversal rate.

Transcripts

00:02

thank you Mr chairman and

00:03

congratulations to all three of you um

00:06

judge

00:09

panel you are a political activist

00:12

aren't

00:14

you um thank you Senator Kennedy I am a

00:17

judge um on the Washington State Court

00:19

of Appeals I don't consider that to be a

00:20

political activist okay um in

00:25

20120 you and uh 10 of your friends

00:31

issued a written

00:33

statement uh you entitled it quote

00:36

statement on

00:38

racism white supremacy and

00:44

Justice here's what you

00:47

said I'm I'm quoting from you now racism

00:52

and white

00:54

supremacy currently plague every social

00:59

educational

01:01

economic

01:03

governmental and legal

01:07

system racism and white supremacy

01:11

currently plague every every social

01:16

educational economic

01:19

governmental and legal system in our

01:24

state and in our

01:26

nation and they have for centuries

01:32

both you're referring to your

01:36

state and America both Target

01:40

black

01:42

indigenous

01:44

africanamerican

01:46

latinx and other people and communities

01:49

of

01:51

color resulting in entrenched

01:56

inequality and

01:58

inequity man manifesting an

02:01

unjust unfair and differential

02:06

treatment and yielding remarkably

02:09

desperate and negative outcomes

02:11

relatively relative to those experienced

02:14

by white

02:16

people end quote did I read that

02:19

accurately Senator I don't have it in

02:21

front of me I don't have any reason to

02:23

say to think that you did not read that

02:25

correctly okay um

02:31

you are very

02:33

active in Planned Parenthood are you

02:37

not uh no Senator okay well planed

02:42

Parenthood in its annual

02:46

reports list you as a quote silver

02:49

friend close quote do you know what a

02:52

silver friend means I don't Senator

02:55

that's someone who has donated between

02:57

a, and $2500

03:01

to plan Parenthood of greater Washington

03:05

in North

03:06

aaho that's in the Planned Parenthood

03:09

annual reports you don't know anything

03:11

about that I don't recall um what I

03:14

recall Senator is that my husband had

03:16

donated to Planned Parenthood um and I

03:19

think at some point in time they listed

03:20

me along with him um but I believe that

03:24

was donation this is you okay and in

03:27

fact they say that as of 2018 you've

03:31

been a donor for at least 10 consecutive

03:34

years is that right I do not recall um

03:37

donating them for the last 10

03:39

consecutive 10 years before 2018 or 10

03:42

that's as of as of I I don't recall

03:45

Senator okay you don't

03:47

remember okay let me ask you you're on

03:50

the court of appeal let me ask you about

03:51

a few of your cases do you remember a

03:54

case called State V

03:58

Westwood I believe so Senator and you

04:01

were reversed in that case weren't you

04:03

senator in reviewing my cases I think

04:06

I've been reversed in about 2% of the

04:08

cases that I've issued I've issued

04:10

almost were you reversed in that case

04:12

though that was a very complicated case

04:15

regarding senten but I'm going to run

04:17

out of time and I got a bunch of these

04:19

were you reversed that might have been

04:20

one of the 2% of the cases I think I

04:23

believe that that was one of the 2% of

04:25

cases you remember a case called

04:26

personal Restraint of aist

04:32

that I think was the case regarding

04:34

whether or not the person had been deed

04:36

in that case that was I think that I was

04:39

not reversed reversed in that case

04:40

Council Senator I think that I wasn't

04:43

reversed as to outcome but it was one of

04:44

the 2% of the cases where the you where

04:47

the state supreme court disagre remember

04:49

a case called parental rights of

04:53

ALK were you reversed in that case

04:56

Senator I think that was one of the 2%

04:58

of my over 450 cases where there was a

05:00

reversal do you remember a case called

05:03

State the log

05:06

bomb I recall that case Senator that

05:09

case were you reversed in that case that

05:11

was one of the two perent of cases I

05:13

issued an opinion to affirm a conviction

05:15

and the state supreme court overruled

05:17

that remember a case called State V

05:20

Barbosa V Cortez were you reversed in

05:23

that case Senator that case is not

05:26

coming to mind again I've issued over

05:28

myself personal written over 450

05:31

remember a case called State V

05:34

telic Senator I think I recall that name

05:37

that might have been one of the 2% of

05:39

that too that might have been one of the

05:40

2% of cases Senator um another case h

05:45

Hendon V Moses Lake School were you

05:48

reversed in that

05:49

case Senator I recall that case um it I

05:54

think that might have been one of the 2%

05:55

of cases where the state supreme court

05:57

disagreed with the analysis of another

06:00

you reversed you remember a case called

06:02

State V Curry were you reversed there

06:05

Senator you're I think you're reading

06:07

off all the cases I think that's one of

06:08

the two% of cases okay how about a case

06:11

called estate V wrath bone were you

06:14

reversed that's probably one of the 2%

06:16

Senator how about a case called Douglas

06:18

V Shamrock Paving Company Senator that's

06:23

that's a case where I was largely

06:24

affirmed the only thing that was a

06:26

reversed I included everything even if

06:28

it was just a partial reverse the only

06:30

thing that I was reversed on was an

06:31

award of attorney fees the substance of

06:33

the law which was rather new um in that

06:36

case regarding what constitute an

06:38

investigation for an environmental ple

06:39

so you weren't reversed that part of it

06:41

I was affirmed yeah I think that would

06:43

be a surprise to the Supreme Court that

06:45

you weren't reversed okay thank I'm out

06:47

of time thanks Mr chairman for your

06:49

Indulgence for the record what is 2% of

06:53

450 I think it's about 11 cases if

06:56

memory serves 11 to 12 cases of the

06:58

cases that I've written many of which

07:00

are grappling with really novel issues

07:03

um and and so that's what happens 11 out

07:06

of 450 o over 450 that I've written

07:09

myself Senator should be so lucky

07:11

Senator

07:13

Booker I haven't been I haven't been

07:16

right 98