Thursday, January 26, 2012

WATCH: Arizona Supreme Court Vice Chief Justice Step Closer To Seat On U.S. 9th Circuit; Kyl Says He Won't Be Activist Judge

Andrew Hurwitz, the Vice Chief Justice of the Arizona Supreme Court, acquitted himself flawlessly this afternoon before the U.S. Senate Judiciary Committee. Barring the highly unlikely prospect(?) of politics holding up this and other judicial nominations, there should be no significant opposition.

Arizona Senator Jon Kyl was the Republican Senator at the hearing (Dick Durbin handled the hearing for the Democrats), so he not only introduced Hurwitz as the home state Senator, but got to ask the "tough questions".

Since Hurwitz has worked for the past three Arizona Democratic governors, Kyl very carefully noted that he feels that Hurwitz is going to be a judge on the appellate Circuit which is most maligned by Republicans who is NOT going to augment that perception:

"Mr. Chairman, I would say that Mr. Hurwitz does not have a reputation as an activist judge. And, to my way of thinking has been quite successful at separating political views from the job at hand - namely, deciding cases." (about 44:00 mark)

(link to video of hearing)
--Kyl introduces Hurwitz at 21:30, questioning of Hurwitz from 39:00 to 54:15--

Kyl then asked a couple of gentle questions to allow Hurwitz to affirm the opinion that he would use a "judicious conservative approach to decision making."

Senator Durbin then asked Hurwitz to talk about some of the significant cases he's been involved in, as either an attorney or as Supreme Court Justice. Hurwitz discussed the cases of Ring v. Arizona (536 U.S. 584), Arizona v. Gant (556 U.S. 332), and Citizen Publishing Company v. Miller (Elleithee) (No. CV-04-0280-PR). (A few interesting comments in there for legal-minded folks.)

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