Boston Herald Attacks pro-family outrage at Judicial Confirmation Hearing

08/23/2012 11:00

by Mass Resistance


Pro-family activists, including MassResistance, dominated the confirmation hearing for a left-wing activist attorney, Kenneth Salinger, nominated to be a Superior Court judge by (the ultra-left) Massachusetts Governor Deval Patrick.

RIGHT: Salinger addresses the Governor's Council during hearing.

The pro-family testimony was, not surprisingly, met with hostility and rudeness by the elected officials on the Governor's Council. It was so startling and annoying to the left that the Boston Herald wrote an editorial about it in Friday's edition.
There are  serious questions about the constitutionality of Wednesday's meeting and a lawsuit is being drawn up this weekend for an injunction.

[Right: Salinger addresses Governor's Council during hearing.
MassResistance photo.]

How radical is he?

The nominee, Kenneth Salinger, would be every pro-family citizen's nightmare as a judge. Salinger has given thousands of dollars to the radical activist group, the pro-abortion group EMILY'S List, and various left-wing politicians across the country.

EMILY'S list ("Early Money Is Like Yeast") funds pro-abortion politicians in the early stages of their campaigns against conservatives. is a radical national left-wing activist group that organizes pro-Obama political action and supports campaigns across the country for same-sex "marriage" and homosexual school projects such as the "Love Makes a Family" movie.

Salinger is currently working for the Massachusetts Attorney General's office. At the AG's office he has been particularly zealous in helping to fight legal challenges to anti-family legislation such the Buffer Zone law.

He previously was a partner at the Boston law firm of Edwards Angell Palmer & Dodge. While there, he co-wrote an amicus brief asking the federal courts to declare the military's "Don't ask don't tell" policy unconstitutional.

Salinger left the Boston firm in 2006 to join the AG's office (at a considerable loss of pay) to get more involved in "public service" (according to testimony) - which usually translates to liberal activism.

Salinger left the Boston firm in 2006 to join the AG's office (at a considerable loss of pay) to get more involved in "public service" (according to testimony) - which usually translates to liberal activism.

Terrible situation in Massachusetts judiciary is legendary

Massachusetts is known nationally for its terrible anti-family court system. Some well-known cases include the 1995 South Boston St. Patrick's Day Parade case  (where the pro-family group lost on every level in the state courts -- then won 9-0 in the US Supreme Court), the infamous Goodrich same-sex "marriage" ruling, and the David Parker case (ended up in federal court), and there are many others. It's come to a point where pro-family people are unwilling to go to court for help anymore. This is particularly exacerbated in the family courts.


You can tell that we hit a nerve with the liberal establishment. On Friday the Boston Herald published an editorial about the hearing. They bashed Councilor Cipollini, calling him a "clown" and said that the list of outrages against Salinger "doesn't necessarily disqualify him from judicial service."

Note that the Herald didn't bother to actually go to the meeting, even though their State House news office is just down the hall. They relied on the State House News Service for their "facts" of what happened. It always seems to bother the media when conservatives rail against left-wing judicial appointments. But they weren't ready for this.


Council as caricature
Boston Herald Editorial
Friday, July 20, 2012

It's fair to say there's at least one embarrassing episode during a typical meeting of the Governor's Council, which long ago outlived its usefulness. This week's lowlight came courtesy of Councilor Charles Cipollini and the members of the public who helped do his bidding during a judicial nomination hearing this week.

We'll let the State House News Service, whose reporters endure these council sessions, pick it up:

"[O]pponents spent more than an hour prodding and criticizing [nominee Kenneth Salinger] for legal arguments he has made to uphold gun control, maintain buffer zones around abortion clinics and to oppose a federal ban on gay soldiers openly serving in the military," the News Service wrote.

"It's hard to get a gun license in this state and the state laws make it that way and you defend these laws," Cipollini said, in a comment directed to Salinger.

Uh, did we mention that Salinger works as an assistant attorney general?

Surely Cipollini understands that it is Salinger's job to defend the duly enacted laws of the commonwealth?

Cipollini and members of the audience also criticized past political contributions made by Salinger and his wife to the liberal groups and EMILY's List, contributions disclosed on a judicial questionnaire that had not been made public before the hearing. Questioned by a fellow councilor, Cipollini 'fessed up to mailing the questionnaire in advance to a Salinger critic in the audience. Now, there's some even-handedness for you.

We make no judgment about Salinger's particular fitness for the bench, and his contributions suggest he hasn't exactly been in the middle of the road politically. But that doesn't necessarily disqualify him from judicial service. And to have to suffer through questioning by a clown like Cipollini ought to come with hazard pay.

But more importantly, the Constitution requires that only the Governor or Lt. Governor preside over council meetings. This one was instead presided by one of the members, Marilyn Devaney.

Article IV. The governor shall have authority from time to time, at his discretion, to assemble and call together the councilors of this commonwealth for the time being; and the governor with the said councilors, or five of them at least, shall, and may, from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, agreeably to the constitution and the laws of the land.

Article II. The governor, and in his absence the lieutenant governor, shall be president of the council, but shall have no vote in council: and the lieutenant governor shall always be a member of the council except when the chair of the governor shall be vacant.
This kind of intentional sloppiness and disregard for the law is an outrage and an insult to every citizen. Why do they feel they can get away with it? Because everyone is playing the game and no one challenges them. It also reflects how little they feel about the importance of vetting judicial candidates.

There is a process of redress. Chapter 29, Section 63 of the Massachusetts General Laws allows a group of taxpayers to sue for an injunction to restrain Commonwealth from spending money or incurring obligations if it is being done through the unlawful exercise or abuse of power.

That is being pursued immediately. A group of those who testified is working with lawyers to put together such a suit before Wednesday. But we need about 30 Massachusetts citizens to sign on to it with us. This has to happen fast, so PLEASE CONTACT US RIGHT AWAY if you are willing to step up to the plate and be counted in this fight.