United States D.C. Circuit Court of Appeals judge Janice Rogers Brown

brown meeting senator norm coleman prior confirmation

brown nominated president george w. bush u.s. court of appeals district of columbia circuit on july 25, 2003, fill seat vacated when stephen f. williams assumed senior status. senate judiciary committee held hearing on nomination on october 22 of same year. after name had passed out of committee , had been sent full senate, there failed cloture vote on nomination on november 14, 2003. brown s nomination returned president under standing rules of senate when 108th united states congress adjourned.

liberal organizations including naacp, feminist majority foundation, people american way, national council of jewish women, , national organization women called views extreme right-wing, reflecting political , ideological differences.

bush renominated brown on february 14, 2005, in first session of 109th united states congress. on april 21, 2005, senate judiciary committee again endorsed brown , referred name full senate once more. on may 23, senator john mccain announced agreement between 7 republican , 7 democratic u.s. senators, gang of 14, ensure up-or-down vote on brown , several other stalled bush nominees, including priscilla owen , william h. pryor, jr..

on june 8, freshman senator barack obama opposed confirmation of nomination in speech on floor of u.s. senate, characterizing judicial activism as, social darwinism, view of america says there not problem cannot solved making sure rich richer , poor poorer. continued:

justice scalia says that, speaking, legislature has power make laws , judiciary should interpret laws made or explicitly in constitution. not justice brown s philosophy. intellectually dishonest , logically incoherent suggest somehow constitution recognizes unlimited right want private property , yet not recognize right privacy forbid government intruding in bedroom. yet seems manner in justice brown interpret our cherished document.

despite such opposition, brown confirmed judge on d.c. circuit vote of 56–43. received commission on june 10. brown second judge nominated d.c. circuit bush , confirmed senate. began hearing federal cases on september 8, 2005. retired active federal service on august 31, 2017.

during summer of 2005, considered candidate replace sandra day o connor associate justice of united states supreme court, samuel alito chosen instead.

her dissenting opinion in omar v. harvey sets forth judicial outlook on constitutional balance of powers. united states court of appeals d.c. circuit upheld injunction forbade u.s. military transfer omar, suspected insurgent, out of u.s. custody while habeas corpus suit pending. brown s dissent took view majority trespassing on executive branch s authority:

summarizing position, majority declares: united states may share information other sovereigns ..., may not in way converts omar s release transfer violates court order. striking conclusion. majority in effect holds that, in proper circumstance, single unelected district court judge can enjoin united states military sharing information allied foreign sovereign in war zone , may deliberate purpose of foiling efforts of foreign sovereign make arrest on own soil, in effect secreting fugitive prevent capture. trespass on executive authority hardly clearer.

in 2012, wrote concurring opinion case hettinga v. united states in severely criticized dominant post-lochner approach in u.s. judiciary, laws involving economic policy deserve strong presumption of validity.

in june 2017, brown authored opinion d.c. circuit panel heard, ahmed salem bin ali jaber v. united states, dismissing action on basis judicial branch did not have power question executive decisions in particular instance of military affairs. case regarded unavailability of constitutional avenue of recourse families of those, though may innocent, killed in targeted drone strikes. wrote separate concurring opinion criticized lack of oversight, barred precedent, concluding, political question doctrine, , state secrets privilege confer such deference executive in foreign relations arena judiciary has no part play. these doctrines may flawed.

in july 2017, reported judge brown retiring in near future, though perhaps senior status, giving president donald trump opportunity appoint conservative judge in place.