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    Who are the NERD fund donors Mr Snyder?

    Raise the curtain.

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    I am glad to join the conversation (none / 0) (#5)
    by PTurner on Wed Aug 29, 2012 at 02:15:25 AM EST
    Before I digress, let me (again) note: I don't have a dog in this hunt.  I am not a delegate; I have not endrosed one candidate or the other, nor do I have connections to one campaign or the other.  I do, though, care about the Supreme Court races and care about preserving a rule of law majority on the Court and (if we could be so lucky) replacing Marilyn Kelly with a Rule of Law justice.  In fact, I think either O'Brien or Markey would be an imporovement in that regard, but the delegates will have to determine who will make the best candidate and Justice.  

    To comment on a few items stated: Judge Markey does have an appellate record, for sure, as you note.  And that makes it easy for people to research her record and draw conclusions accordingly.  And I have done that; I have actually read a host of cases where Judge Markey authored an opinion (be it a majority, concurring, or dissenting opinion as a COA judge).  Those cases number a bit more than 100 since she has been on the Court, and looking at these is a bit more manageable than trying to review thousands of cases in which she was on the panel issuing the decision.  I think these cases are especially important because when a judge on the COA takes the time to author a separate opinion under her name particularly (as opposed to the normal descriptor of "Per Curiam") it indicates often that the judge has a strong position that renders this case exceptional in the judge's mind such that she feels the need to individually speak.  I have read a great deal of these decisions and found some of them disturbing (from a textual standpoint, regardless of whether I agree with the ultimate result) and found others very well reasoned (again, from a textual standpoint).  

    In my mind, this is what Judge Markey should be running on--not, as one of her recent ads stated, the reason to vote for her is two words: "emergency manager."  Because frankly I don't care if she agrees with the emergency manager law or not; the question is only whether the Court was legally correct to certify the referendum to the ballot.  To the extent she is implying that she would be an outcome-based vote on the EFM law, that is improper and distracts from other positive parts of her record.

    I can empathize, though, with the position that it is hard to judge a trial court judge without an appellate record, but it is not impossible.  I think that people need to ask her very direct and probing questions.  But at the same time, I think that Justice MB Kelly's record of the last year+ indicates that we can get an extraordinarily good MSC Justice out of a trial court.  


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