The Kennedy Test

Senator Edward Kennedy seems to be proposing a new requirement for appointment to a federal court.

Speaking about Janice Rogers Brown, Kennedy said:

"She has criticized the New Deal, which gave us Social Security, the minimum wage, and fair labor laws. She's questioned whether age discrimination laws benefit the public interest. . . No one with these views should be confirmed to a federal court and certainly not to the federal court most responsible for cases affecting government action."
from Brown Model Jurist for Filibuster Fight

I suggest we refer to this as The Kennedy Test - you aren't allowed to have a position on a federal court if you don't agree with Edward Kennedy's views.

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