Edith Brown Clement

Prior to the Harriet Miers fiasco, the buzz in Washington center around Edith Brown Clement. Clement is 57 years old and serves as a judge on the New Orleans-based U.S. Court of Appeals for the 5th Circuit.

Clement was nominated by President George H.W. Bush to serve as a judge on the U.S. District Court for the Eastern District of Louisiana in 1991 and was elevated to her current post by the current President Bush in 2001. She sailed through the confirmation process with the support of Democrats and Republicans.

Clement, a graduate of the University of Alabama and Tulane University Law School, worked as a lawyer in private practice in New Orleans for 16 years before beginning her tenure on the federal bench.

While Clement is a conservative, she might be much more acceptable to moderates and practical liberals when compared to more extreme candidates like Edith Hollan Jones and Janice Rogers Brown.

Key Decisions and Writings:

Clement has been described her as a judicial conservative who leans toward the defense in civil cases, and as a no-nonsense judge who is strict about deadlines and insists on professionalism from lawyers. She was confirmed 99-0 when appointed to the 5th Circuit.

She is a member of the Federalist Society, an influential conservative legal organization. She is not, however, considered to be as conservative or outspoken as other potential nominees.

Clement does not have the kind of judicial record that provides clear signals on how she would rule on some of the hot-button issues like abortion. Accordingly, she is not a known quantity and that raises concerns with some conservatives.

Abortion - MSNBC is reporting that Clement has acknowledged that Rowe v. Wade is settled law and within the constitutionally protected right to privacy. She apparently stated this at her last confirmation hearing.

Commerce Clause - Like other conservative judges, Clement has given indications that she supports some limitations on Federal powers under the Commerce Clause, meaning that some reasonable connection to interstate commerce is necessary to justify Congressional action. Her dissent in US v. McFarland is cited as she was willing to limit applicability of the Hobbes Act.

The Commerce Clause has been stretched so far by the Supreme Court that some limitations seem reasonable. Liberals are concerned that this "trend" might eventually be used to limit Federal power to regulate things like the environment, but that may be reading too much into some of these minor limitations.

Business - Clement is viewed as a pro-business judge, often ruling in favor of corporations and other entities against individual plaintiffs. One liberal talking head just said on MSNBC that she has not demonstrated compassion.

Profiles:

Washington Post profile

Slate profile

People for the American Way
This liberal organization is not a fan of Clement, though their criticism of her seems milder than that of other conservative judges.

Wikipedia profile

Comments, questions and suggestions can be sent to Gerardo Orlando at editor@orlandoreport.com.

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