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Impeach George Bush
Feinstein on Kuhl
As Bush steps up his attack on the courts, it's time to ask our senators to act.
Source: MoveOn.org, 2003-04-03
Candidate: Diane
The next judge in the White House's lineup of right-wing extremists,
Carolyn Kuhl, is coming up soon for a vote in the Senate. Once again,
Senator Dianne Feinstein's vote will be key, and our Senator has not
yet taken a position on Kuhl's nomination.
Throughout her legal career, Kuhl has followed a legal philosophy
harmful to the rights and interests of ordinary Americans. This is
particularly true with respect to reproductive freedom, women's rights,
and other civil rights. (See below for more information.)
It's hard to believe that Senator Feinstein could be on the fence about
Kuhl, but she is. Our calls to Senator Feinstein are making a big
difference. Please call her again now, at:
Washington, DC (202) 224-3841
San Francisco (415) 393-0707
Los Angeles (310) 914-7300
San Diego (619) 231-9712
Fresno (559) 485-7430
Make sure her staff members know you're a constituent, then urge her to:
"Please vote AGAINST confirmation for Carolyn Kuhl."
Please let us know you're making this call at:
http://www.moveon.org/callmade2.html?id=1282-1362987-TeeAUvcrvF15iSYND00owA
Keeping a count makes our work more effective.
Here's some more information on Carolyn Kuhl's nomination to the U.S.
Court of Appeals for the Ninth Circuit, provided by our friends at the
Leadership Conference on Civil Rights:
* As a judge, Kuhl dismissed a claim brought by a breast cancer patient
whose privacy was invaded when a drug salesman who misrepresented his
identity participated in her doctor's examination of her breasts.
Later, an Appeals Court unanimously found in favor of the plaintiff,
reversing Kuhl's decision.
* Kuhl's record reveals a troubling tendency to favor corporate
interests at the expense of workers and consumers. As a lawyer in
private practice, Kuhl argued on behalf of two major defense
contractors that the "qui tam" provision of the False Claims Act, which
allows private individuals to sue corporations that committed fraud
against federal government programs, was unconstitutional.
* As a judge, she dismissed a case brought by a woman seeking financial
relief under a California law protecting whistleblowers and others
acting in the public interest. The California appellate court reversed
Kuhl's decision in unusually strong terms, calling it "a nullification
of an important part of California's [whistleblower protection]
legislation."
* Judge Kuhl was one of three Reagan Justice Department officials who
persuaded the Attorney General to reverse prior policy and support the
granting of tax-exempt status to Bob Jones University, despite its
racially discriminatory policies. More than 200 Justice Department
lawyers, the Solicitor General, and the Treasury Department General
Counsel objected to the change of position for which Kuhl advocated.
According to the New York Times (May 1983), Kuhl was one of three
characterized as a "band of young zealots" who urged the change in
policy. By an 8-1 vote, the Supreme Court rejected Kuhl's position and
upheld the IRS denial of tax exempt status to Bob Jones University.
Please call Senator Feinstein now and urge her to oppose confirmation
for Carolyn Kuhl.
For more background on Carolyn Kuhl, see:
http://www.pfaw.org/pfaw/general/default.aspx?oid=9590
Some of us who called last week regarding Priscilla Owen were
told that Senator Feinstein's opposition to Owen was solid all along.
While Senator Feinstein did vote to oppose Owen, our sources confirmed
both before and after the vote that her position on Owen had indeed
been uncertain, and our 3,000+ calls undoubtedly made a difference.
This time, Senator Feinstein's office acknowledged just today that she
has not yet taken a position on Kuhl.
Those of you following these nominations closely may have
noticed that nominees like Owen are being approved by the Senate
Judiciary Committee on party lines, despite Feinstein's votes opposing
them. Keeping Feinstein in line with the Democrats opposing these
right-wing extremists in committee is still crucial, because it makes
it possible for Democrats to mount a unified opposition when the
nominations reach the Senate floor. The filibuster over the nomination
of Miguel Estrada, now holding for its seventh week, despite four
Republican attempts to end it, is proof of the importance and power of
unity among Democrats.
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