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From “mbecker908” of Redstate:

Here is the link:

http://redstate.com/blogs/mbecker908/2007/dec/17/huckabee_is_to_the_left_of_all_the_candidates

The cry of the Huckabots is that Bubba Jr. is more conservative on everything than the other candidates. Let's take a look.

4. Judicial nominations. Unlike other candidates BJ's made no statements about the type of judicial nominations he would make. He has no advisory committee and basically no record to draw a conclusion from.

FACT: His recent comments on Lawrence are all we have to draw on and they indicate that he is clueless about the core cases that have served to legalize abortion.

WITH RESPECT TO OTHER CANDIDATES: Other candidates have layed out their judicial philosophy. Rudy has gone so far as to appoint an advisory commission on the subject.

Bottom line: He appears to be slightly to the left of the other candidates because he appears woefully ignorant of the Court and is silent on his judicial philosophy.

Huckabee on Judges(Huck's model: Lavenski R. Smith)

vanity

Posted on 12/15/2007 12:16:41 PM PST by Brices Crossroads

From an interview on August 3, 2007:

Governor Huckabee: You know, I looked for people who embodied those very things I just mentioned. A commitment to a strict constructionist view of their job, viewed the Constitution as something that they were simply to apply, not to reinterpret and rewrite. But I also looked for people who embodied the kind of temperament that we needed on the bench, who would, uh, divorce themselves and distance themselves from their own personal passions in the sense of letting their emotions drive them, but instead letting the Constitution drive them. And, uh, the kind of people I appointed certainly ended up, uh, for example, one I can think of, that I put on the State Supreme Court…President Bush appointed him to the 8th Circuit Court of Appeals. An outstanding young jurist named Lavenski Smith that I’ve known since I was in grade school. And he’s a person that embodies the kind of person we need on the bench, he, uh, has a deep respect for God, for this country and its Constitution, and, uh, almost approaches his job with a sense of fear and trembling, to make sure that he does it in such a way that he has a clear conscience.

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What kind of judge is Lavenski Smith? In a critique of his record on the Arkansas Supreme Court, Before Huckabee secured his appointment to the federal appeals court, the Bench and Bar of Minnesota, the official publication of the Minnesota State Bar Association said the following:

"Since joining the court, Judge Smith has authored approximately 100 majority opinions, two concurring opinions, and seven dissenting opinions. His opinions appear to place him slightly to the left of center on the court ideologically, but with some unpredictability. He has dissented three times in search-and-seizure cases, each time taking the position that investigating officers did not comply with the 4th Amendment. He also joined an en banc dissent favoring the suppression of a criminal defendant’s confession on the ground it was involuntary. In employment discrimination cases, he has written a dissenting opinion to oppose a remittitur from $200,000 to $10,000,10 and he has joined in an en banc dissent that took the position that an employee could prove a claim of race discrimination in a promotion even though he never formally applied for the position." link

On the Eighth Circuit, he has continued as a moderate liberal according to conservative legal commentator Hans Bader at the Scotus blog:

"Lavenski Smith has turned out to be ever-so- slightly left-of-center on the Eighth Circuit, left of that Circuit’s center on race discrimination claims, and willing to uphold some restrictions on anti-abortion signs (that latter fact is surprising given his pre-judicial litigation work with the Rutherford Institute). Despite his once conservative background, he now seems to be a moderate with some liberal tendencies." link

In the abortion case, Frye v. Kansas City Mo. Police Department,375 F.3d 785 (8thCir. 2004), Judge Smith joined the other liberals on the court in voting to allow police to arrest peaceful pro life demonstrators assembled on public property and to effectively censor their pro life signs, with impunity, if the police deemed the contents of the signs to be offensive.

Do the evangelicals in Iowa know that, if they vote for Huckabee, this is the kind of judge they would get?