Heartache: Palin appoints former Planned Parenthood board member to Supreme Court
posted at 1:31 pm on March 6, 2009 by Ed Morrissey
Yeah, but. Sarah Palin did appoint Morgan Christen to the Supreme Court, but she didn’t have many other options, either. The Alaska Daily News gives a straightforward account:
Palin announced the appointment of Anchorage Superior Court Judge Morgan Christen this week.
Christen was one of two judges recommended for the post by the Alaska Judicial Council.
She will be the second woman to serve on the state’s high court. Gov. Tony Knowles appointed current Chief Justice Dana Fabe in 1996.
A similar issue arose with Rudy Giuliani during the campaign. Giuliani, who is admittedly pro-choice anyway, came under fire for the judges he appointed as Mayor, some of whom did not share his stated philosophy of judicial “restraint”. Giuliani had to explain that the process in New York City is different than that in Washington DC; the executive gets a list of candidates from an independent body and has to choose one of those nominated for an open post.
In Alaska, Palin has to follow the same kind of process, as Peter Andrew explains, via Legal Newsline:
Palin has a month and a half to choose the next member of Alaska’s State Supreme Court. The problem is the two choices she has to pick from are justices who don’t align with her conservative views. Alaska’s judges are selected using the Missouri Plan, which combines election and appointment in choosing the judge. The Alaska Judicial Council selects the nominees from which the governor can then make an appointment. A total of six judges applied, but only two were elected by the Judicial Council, Eric Smith, considered very liberal, and Morgan Christen, who is viewed as more of a moderate.
Creative Minority thinks that assessment is backwards:
And from what I understand, neither option was great but of the two, it would appear that Palin may have picked the more liberal of the two, at least according to Alaska Family Council’s Jim Minnery. Minnery wrote Palin in support of the other candidate, Judge Eric Smith saying Smith was “more conservative” and that Christen would be “another activist on the Court.”
This would not seem to be good news for those who love Sarah. There’s one thing conservatives take seriously – and that’s judges.
And the ADN explains that Palin has issues with both:
Aides to the governor wouldn’t answer questions about specific concerns that might have prompted the governor’s request. However, both Christen and Smith have been involved in organizations that might give Palin pause.
Christen’s application included her membership in several charitable groups, including some from her past, but did not mention that she was on the board of Planned Parenthood in the mid-1990s. The organization, which didn’t provide abortions in Alaska until 2003, is now on the opposite side of a Palin-supported bill to require girls under 17 to get parental consent for an abortion.
Back in the 1980s, Smith was executive director of the public interest environmental law firm, Trustees for Alaska. The group currently is on the opposite side of Palin over the listing of Cook Inlet beluga whales as endangered.
Which was worse, Christen or Smith? It sounds like Palin didn’t have much of a choice in any case. She could have pushed back by refusing to appoint either, but her predecessor tried that and got roasted for it. I’d have hoped that Palin would have at least attempted to press the AJC to give her a better range of nominees from which to choose.
This case demonstrates the problem with establishing independent boards to provide essentially political decisions. The people of Alaska elected Palin to make these kinds of choices, and at least she has direct accountability to them. The AJC has no accountability for making bad decisions at all. Maybe Alaskans should consider a more direct system instead.
Update: Conservatives 4 Palin have more on this. They’re complaining in the comments that they had it first, but I got the email from the other two sites and worked off of their sites. Happy to link and we do our best to credit the sources, but we dance with the ones that brung us, fellas.
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She had no choices, put into a position to hurt her politicaly, she made her best judgment possible…
Palin has governed form the best intrest of Alaska, not always her own personal thoughts and feelings…
No story…
But surprised this wasn’t posted by Allah with a different spin to tweek us Conservatives…
Mark Garnett on March 6, 2009 at 1:35 PM
I guess this belies the “social con extremist Christian” label some try to slap on her, huh?
Y-not on March 6, 2009 at 1:35 PM
So what?
Firebird on March 6, 2009 at 1:36 PM
*Palinstinians around the country collectively plotz. The rest of the nation reaches for a mop to clean up the mess.*
DeathToMediaHacks on March 6, 2009 at 1:36 PM
We went through the effort to research the entire situation here:
LINK
joey24007 on March 6, 2009 at 1:36 PM
By the way ED,
you linked to the creative minority blog who got all of their information from us
joey24007 on March 6, 2009 at 1:37 PM
Ed, you should have linked to C4P. We’ve got extensive breakdown on this issue here and here, and we did before anyone else.
Jim62sch on March 6, 2009 at 1:37 PM
Where does the Alaska Judicial Council get its authority from? Is it a group of elected officials?
MadisonConservative on March 6, 2009 at 1:37 PM
Well clearly they didn’t considering that Alaskans have a different process by which their judges are chosen. If the people of Alaska wanted the governor to do it all they would merely change the law no?
DeathToMediaHacks on March 6, 2009 at 1:38 PM
Environmental nut job on the bench in a state dependent on natural resources?
No thanks
The AJC doesn’t honor requests by the governor to send more names
Murkowski tried it and had to pick from the original choices anyway
joey24007 on March 6, 2009 at 1:39 PM
Has AP soured you on Sarah too Ed?
Just joking. Sounds like she had 2 poor choices (the judges) and one disasterous choice (refuse to appoint either, buck the system, go maverick, etc.)
omnipotent on March 6, 2009 at 1:39 PM
The state constitution:
joey24007 on March 6, 2009 at 1:40 PM
Pathetic–now you want to help attack Palin for doing her job and picking the best person for the job based upon more than the demand of some self-appointed arbiter of what makes a person conservative?
She had to look at the big picture, and it appears she did. That’s her job.
Abortion isn’t the only issue, and the insistence upon having it be the only issue you care about is really counterproductive.
funky chicken on March 6, 2009 at 1:41 PM
Thanks for posting this.
This could be a problem for her in the future. The quote from Minnery (Alaskan Family Council) in one of the linked articles was treated fairly, IMO. She didn’t have a good option, and picked from what she had. Minnery doesn’t sound too miffed, at least from the quote.
If she isn’t ticking off the pro-lifers in her own state, that’s a good hint that she’d be solid on the issue overall.
cs89 on March 6, 2009 at 1:42 PM
She did the best she could with the choices she had. Nothing to argue about.
I cannot agree more with you.
clemycali on March 6, 2009 at 1:43 PM
I don’t consider Ed’s post to be an attack on Governor Palin. Actually, I think it’s helpful for those of us who don’t track Alaska politics on a daily basis to be kept apprised of these sorts of news items, which otherwise we’d hear about second-hand and garbled from some biased anti-Palin “pundit.”
Just my two cents, but I find Ed’s posts to be high on content (and analysis) and low on inflammatory (or misleading) rhetoric, including his Palin posts.
Y-not on March 6, 2009 at 1:44 PM
I already heard some grunting by pro-life men and women. I am pro-life, but man, can you spare us the shock? She had no choice under Alaskan law. She had to appoint the lesser of two evils. The blog Conservatives 4 Palin did an extensive review of the Alaskan law.
Anyone who denies Palin’s fervor for pro-life issues is sadly mistaken. She proved it from the birth of her down-syndrome child and her going “rogue” during the campaign trail when she spoke on a personal note her desire for a culture of life in this country. We all know she is an adamant opponent of abortion.
But what can she do? She had to choose one of these idiots. Anyway, in the next election, people can vote this judge out of the court and Palin will most likely campaign against her.
jencab on March 6, 2009 at 1:44 PM
The people can vote her out eventually
It is called the Missouri Plan
joey24007 on March 6, 2009 at 1:45 PM
No, I’m asking who makes up the Alaska Judicial Council. From where are its members produced? Ed says they have no accountability and are an independent board. What was the source of its formation?
MadisonConservative on March 6, 2009 at 1:45 PM
except for the “heartache” in the title …
joey24007 on March 6, 2009 at 1:46 PM
Indeed.
jgapinoy on March 6, 2009 at 1:46 PM
Couldn’t she have just voted “present”?
Doughboy on March 6, 2009 at 1:46 PM
You didn’t read Ed’s post.
jgapinoy on March 6, 2009 at 1:47 PM
If Palin appointed Morgen in the belief that she will interpret the law as a judge, rather than legislate according to her personal politics, then she made the appointment the way all politicians should be making them.
Crusty on March 6, 2009 at 1:47 PM
Yeah, but I accept that is part of the “feel” of this site (and a way to generate traffic)… sort of like Ace’s hobo recipes or Jawa’s war porn. But you’re right, it’s kinda’ snide. Personally, I don’t like it either.
Y-not on March 6, 2009 at 1:48 PM
It would have gone down better had she put it on public record that she wasn’t enamored with the choices…. I suppose. Heartache is right.
PrincipledPilgrim on March 6, 2009 at 1:48 PM
As long as there is Roe and as long as we have a president who is threatening FOCA, I would rather have Palin put a Planned Partenthood member on the court than an environmentalist, especially in Alaska.
Palin is still fine in my book.
myrenovations on March 6, 2009 at 1:48 PM
oh sorry
The Judicial Council has seven members. Three cannot be attorneys and are appointed by the Governor subject to legislative confirmation. Three are attorneys appointed by the Alaska Bar Association. The Chief Justice of Alaska’s Supreme Court is the Council’s chairperson
Justice O’Connor has some recommendations for the Missouri Plan:
● Decrease the influence of lawyers on the selection commission, perhaps by raising the number of commission members.
● Make the selection process more transparent. She said Arizona allows citizens to attend the screening hearings of prospective nominees. Missouri should do the same and rid itself of a “smoke-filled room” perception, she said.
● Get people involved. She recommended a good start would be teaching civics to children. To that end, O’Connor has helped create an interactive Web site, ourcourts.org, aimed at middle school students. “Knowledge of our government is not passed down through the gene pool,” she said. “It has to be relearned by every generation.”
joey24007 on March 6, 2009 at 1:48 PM
Oh, who cares. NEXT ISSUE PLEASE!!
RWLA on March 6, 2009 at 1:48 PM
Yes I did. I think you may be misinterpreting my comment.
I applaud Governor Palin for making a tough choice and putting the economic health of her state ahead of other important issues. I’m glad she’s pro-life, but I think it’s even more important that she govern pragmatically.
Y-not on March 6, 2009 at 1:50 PM
actually she requested extensive documents on both and made her decision
I don’t think it would be beneficial to campaign against a judge you might have to deal with
and the people can vote out the justice in the future
it is all part of the Missouri plan
joey24007 on March 6, 2009 at 1:50 PM
I just can’t believe Allah didn’t post this…
D2Boston on March 6, 2009 at 1:50 PM
Hey, thanks for the link ED
joey24007 on March 6, 2009 at 1:51 PM
My originally comment was a dig at our resident oddball who always frames Palin as a “social con” and draws comparisons between Palin and Huckabee. There is no comparison.
Y-not on March 6, 2009 at 1:51 PM
Please don’t comment while drinking, Hack. You make even less sense than normal.
I agree with funkychicken. Gov. Palin had to made a decision, based upon two imperfect candidates. Better to make a choice than to punt.
rbj on March 6, 2009 at 1:52 PM
CHOICE is CHOICE.
Deal with it.
seejanemom on March 6, 2009 at 1:53 PM
Thanks for the link to C4P, Ed!
Jim62sch on March 6, 2009 at 1:53 PM
LOL! Yeah, I would have expected him to LOVE this story.
I think Palin made a wise choice, Alaska is in the mix now with the gas pipelines and utilizing natural resources for energy purposes.
jencab on March 6, 2009 at 1:53 PM
Thank you, and I really hope those suggestions are taken into consideration. The power of the courts is seriously getting to a disturbing point.
Allah’s been on staycation the last two days.
MadisonConservative on March 6, 2009 at 1:54 PM
this was probably a setup by libs, to force this for the talking point going fwd and to try to undermine her grassroots appeal.
jp on March 6, 2009 at 1:54 PM
Huckabee is going to be all over this one. Start the countdown to his first public comment about it…
JA on March 6, 2009 at 1:55 PM
Alaska. Stronhold of the leftwing conspiracy…apparently.
DeathToMediaHacks on March 6, 2009 at 1:56 PM
Funny how the trolls/oddballs thinks “OMG! This is going to hurt Palin’s chances with the base!”
I am as pro-life as they come. Always have, always will be. This doesn’t affect my high regard for her one bit.
Norwegian on March 6, 2009 at 1:57 PM
Irony, thy name is this comment thread.
DeathToMediaHacks on March 6, 2009 at 1:57 PM
plenty of leftwing nuts in Alaska, they did produce Gravel afterall and have a Left-wing newspaper
jp on March 6, 2009 at 1:58 PM
Do you ever think before you speak?
upinak on March 6, 2009 at 1:58 PM
Who cares what he says?
Y-not on March 6, 2009 at 1:59 PM
The newspaper is owned by a California Comp.
upinak on March 6, 2009 at 1:59 PM
what they don’t get is Palin has a special cred that no other Pro-Life pol has: She has personally walked the walk on the issue.
makes seeing thru this for what it is that much easier.
jp on March 6, 2009 at 1:59 PM
they were also more than willing to be used by Obama during Tasergate
Also, the ADN links to “trig truther” blogs as a source for material
joey24007 on March 6, 2009 at 2:00 PM
Do you have an original joke yet?
DeathToMediaHacks on March 6, 2009 at 2:00 PM
Thank you Ed for being somewhat objective in your post unlike your partner.
Stories like these are all the more reason for the crowd here to visit c4p. Some of the posters here moderate and post over there. it is the best site on the net to debunk and explain these type of stories before they get twisted and blown out of portion.
thank you c4p!!!!
davek70 on March 6, 2009 at 2:00 PM
This from the guy whose Master’s thesis was “The Refractory Period Between Rooster Erections”.
AubieJon on March 6, 2009 at 2:01 PM
If you aren’t safe in Alaska…where is there?
tomas on March 6, 2009 at 2:01 PM
Come on, Hack, put some effort into your lame one-liners.
You seem frustrated today, did Soros give you a paycut? I mean, I know the markets are tanking and everything.
Norwegian on March 6, 2009 at 2:02 PM
So does this mean that even though selected, she still has to be approved by the voters? So if she screws the pooch in the mean time, she can be booted? If so, nice safety valve.
N4646W on March 6, 2009 at 2:02 PM
Here is the updated version of the post Ed has linked …
LINK
We discuss the problems Palin’s predecessor faced on this issue
joey24007 on March 6, 2009 at 2:02 PM
A leftwing newspaper!?! They have a leftwing newspaper?!? Well get me and my boyfriend on the next flight to BFE Alaska cause apparently we’ve been missing out doing this big city livin thing when the leftwing hotbed of Alaska and it’s one leftwing newspaper FOR THE ENTIRE STATE is where it’s been at!
/do I even need this sarc tag?
DeathToMediaHacks on March 6, 2009 at 2:03 PM
I hope this silly woman stay in the headlines forever!
capitulus on March 6, 2009 at 2:03 PM
She faces a “retaining” election in which the voters can remove her from the bench
it is called “the missouri plan”
joey24007 on March 6, 2009 at 2:03 PM
Who said I was joking? I was dead serious. You don’t think before you speak, you don’t have one freaking clue about Alaska, the politics or the infrastructure here nor are you anything but a freaking pee on.
All in All you are a complete waste of carbon… i.e. your grey matter isn’t worth spit!
upinak on March 6, 2009 at 2:03 PM
She had no choice. Is anyone really taking issue with this?
And Good Lord, Allah’s not even here, yet some of you can’t help but bitch about him. Get over it already, guys.
SouthernDem on March 6, 2009 at 2:03 PM
yes a State of ‘only 600,000′ thousands as you morons liked to point out.
jp on March 6, 2009 at 2:04 PM
Um, actually most of AK’s newspapers are left leaning
including ADN and the Juneau Empire
Also, most of the big blogs up there are lefty leaning or Palin hating (Andrew Halcro)
joey24007 on March 6, 2009 at 2:04 PM
Who cares? Schmuckabee is exactly what is wrong with the GOP right now–howling obnoxious religiosity combined with economic stupidity
it’s not an appealing mix outside of Arkansas
funky chicken on March 6, 2009 at 2:05 PM
Some of you will never be content with any reporting on Palin that isn’t 100% glowing, and even then you’ll find fault in assuming it’s meant to be satire.
There’s nothing wrong with reporting this story. Ed doesn’t even rip on her. If anything, he’s ripping on the system that doesn’t allow Palin to make a better choice. It’s whining over stories like this that actually make me glad we lost this election, or else these comments would be in almost every single post.
Considering Hillary’s still whining about the vast right-wing conspiracy, you don’t really have a leg to stand on.
Esthier on March 6, 2009 at 2:06 PM
And these newspapers and blogs managed to organize a slate of candidates for the Alaskan Supreme Court that would make Palin look bad? In a reliably red state?
DeathToMediaHacks on March 6, 2009 at 2:07 PM
Christianists!
lorien1973 on March 6, 2009 at 2:07 PM
The same Gravel who staunchly defended Palin during the campaign?
He may be a leftwinger, but the guy has integrity.
MadisonConservative on March 6, 2009 at 2:07 PM
No heartache here. She made the best decision she could, considering what she had to work with.
Next?
kg598301 on March 6, 2009 at 2:07 PM
BOTH of them!?
I kid, I kid.
SouthernDem on March 6, 2009 at 2:08 PM
so why is it a “heartache” that she had to pick from the system?
if this is the case it should be “Heartache: Palin forced to pick between bad and worse for supreme court”
joey24007 on March 6, 2009 at 2:08 PM
This reminds me of a decision the rest of us have to make. Pay the government to redistribute your wealth or have them take it from you.
CurtZHP on March 6, 2009 at 2:09 PM
Um, she is? I haven’t heard her mention that in about a decade now (hint that scandal was 97-98, join us in the present). But even if she were one kooky conspiracy theory does not legitimate another. Now I’ve got to get busy packing my removable winter pants for the inevitable orgy of leftiness that I’m about to experience when we land in Alaska.
DeathToMediaHacks on March 6, 2009 at 2:09 PM
Palin has governed form the best intrest of Alaska, not always her own personal thoughts and feelings…
Mark Garnett on March 6, 2009 at 1:35 PM
I guess this belies the “social con extremist Christian” label some try to slap on her, huh?
Y-not on March 6, 2009 at 1:35 PM
Environmental nut job on the bench in a state dependent on natural resources?
No thanks
joey24007 on March 6, 2009 at 1:39 PM
I am in total agreement with all of you. I trust Governor Palin’s judgment on issues. Gov. Palin is not perfect but I noticed that she always strives to do what is best for the people she serves. That’s one of the many reasons so many of us Love That Woman!
sarahpalinfan99 on March 6, 2009 at 2:09 PM
I never said that
The Alaska Judicial Council picks the “candidates”
I’m pointing out that the media is lefty leaning in Alaska
joey24007 on March 6, 2009 at 2:09 PM
Here is what I would do.
Gov. Palin announces tomorrow that she has discovered that the pick has falsified her application by ommiting her involvment with Planned Parenthood, a political organization. She then asks the board to resubmit more names while signaling conservitives to apply.
In Judo, sometimes you win by relaxing…
GunRunner on March 6, 2009 at 2:09 PM
Skipping out on the House Repubs to hobnob with Obama, declining an invite to CPAC, inviting Bristol’s baby daddy to move in with no wedding in sight, and now this…I see a left-leaning pattern emerging!
JA on March 6, 2009 at 2:10 PM
land in Alaska huh… I hope you nose dive in the inlet.
upinak on March 6, 2009 at 2:10 PM
um, yeah
Murkowski tried this, didn’t work
and “conservatives do not apply” … the Alaska Judicial Council decides what names make it to the governor’s office
and they will not reconsider their decisions
nice try though
joey24007 on March 6, 2009 at 2:11 PM
SouthernDem on March 6, 2009 at 2:11 PM
Sarah is flying her feminist colors maybe?
max1 on March 6, 2009 at 2:12 PM
Like this:
“Heartache: Palin supports stimulus?”
and then hotair went on to report a false AP story on the subject
was that “ironic?”
joey24007 on March 6, 2009 at 2:13 PM
I was responding to someone who claimed that “libs set up” Palin with this choice between abortionists. I’ve just been ridiculing that notion.
DeathToMediaHacks on March 6, 2009 at 2:14 PM
Think she’s back to being a feminist? It has been 6 months, about her turn over rate for saying she either is, isn’t or doesn’t believe in catagories. Over-under on the next flip flop?
DeathToMediaHacks on March 6, 2009 at 2:15 PM
actually you have been putting down the whole State of Alaska, due to two people who weren’t worthy and yet Palin had to make a choice. But hey… your landing in Alaska, them arms must be tired.
upinak on March 6, 2009 at 2:16 PM
Sarah Palin’s social conservatism creds are untouchable and unquestionable. She is no phony on that front. To go crazy over this is stupidity at its best. But with all the cannibalism as of late….
portlandon on March 6, 2009 at 2:17 PM
Incredulity that Alaska is a leftwing hotbed = putting down the whole state? As a conservative shouldn’t you take my claim that Alaska isn’t liberal as a compliment. I don’t get you.
DeathToMediaHacks on March 6, 2009 at 2:17 PM
No no, like this:
“Heart-ache: Palin supporters too damned sensitive about everything to do with Palin.”
Look, I really love Gov Palin, but sometimes the heavy duty Sarah lovers need to take things with a grain of salt.
SouthernDem on March 6, 2009 at 2:17 PM
How can you say anything about the people if you have never been here? Did that flight make you land on your head?
upinak on March 6, 2009 at 2:18 PM
hmm, and you don’t think the board that picked a Planned Parenthood Judge for Palin to choose from did so with political motivations?
similar to the Tasergate lie/smear the Dems in Alaska played up for Obama.
jp on March 6, 2009 at 2:19 PM
She had to choose between worst and worst and went with the one she thought best. She was given a hard and unpleasant call and made it–that’s her job. Now, it’ll be up to the people of Alaska to decide if they want to amend their constitution to go with either straight elections or appointments to prevent her or her successors from being stuck in this situation again.
Matt Helm on March 6, 2009 at 2:19 PM
If you haven’t noticed HotAir isn’t exactly a friend to Sarah Palin.
portlandon on March 6, 2009 at 2:19 PM
FWIW, Morgan Christen has an autistic daughter (don’t forget that Sarah’s sister has an autistic child too).
TeleL on March 6, 2009 at 2:19 PM
It will be interesting watching America figire out that Obama is far from a messiah and is really a country-wrecker.
It will also be fun watching Palin supporters slowly, slowly figure out that the Sarah Palin that they have imagined in their minds does not exist and, instead, the real Sarah Palin…. a not-so-bright, not-very-ethical poltical hack is not the republican party’s savior either.
The Wall on March 6, 2009 at 2:19 PM
I’m glad Ed wrote this post instead of Allah, no telling where AP would’ve gone with this.
jp on March 6, 2009 at 2:19 PM
Um, that’s pretty much what happened. The AJC consists of seven people, three picked by the liberal Bar Association, three picked by the governor, and chaired by the Chief Justice. The Chief Justice is a Democratic appointee. No-win.
Jim62sch on March 6, 2009 at 2:20 PM
Yep. Just one example from the last election cycle:
“Hillary Clinton, Al Franken and the Return of the Vast Right-Wing Conspiracy” The Washington Post – The Trail October 21, 2008 By: Kane, Paul
littleguy on March 6, 2009 at 2:20 PM
eh,
that is how the media ends up distorting her record and running stories about “banning books” or that she “supports the stimulus”
In many ways, that is how we end up with an Obama as President … a media praying on the uninformed, the least we can do is set the record straight in defense of our own
I believe that you must do what you can to defend your side
whittaker chambers once said that the “right tends to leave their wounded on the battlefield”
…. those days are gone
joey24007 on March 6, 2009 at 2:21 PM
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