Janice Brown

• Brown is infamous for her 2000 decision in Hi-Voltage Wire Works Inc. v. City of San Jose, 24 Cal. 4th 537 (2000), which upheld California's voter-approved initiative, Prop. 209, which bans preferential treatment for women and minorities in public contracts, hiring and college admissions. Brown's 18-page opinion attacking not only the facts of the case but also affirmative action in general made her very popular among the Republican Right.

• Her controversial dissents go beyond legal reasoning and straight into political diatribe. In American Academy of Pediatrics v. Lungren, 16 Cal. 4th 307 (1997), Brown wrote a lengthy dissent calling the court's decision to strike down parental consent "an excellent example of the folly of courts in the role of philosopher kings."

• Ignoring gross attorney errors and the defendant's brutal childhood to uphold a death sentence, Brown's opinion was noted by the dissent as "clinically cold." In re Andrews, 28 Cal. 4th 1234 (2002).

• Brown finds for special interests in majority of free speech cases. [Kasky v. Nike Incorporated, 27 Cal. 4th 939 (2002), Aguilar v. Avis Rent a Car System, 21 Cal. 4th 121 (1999), Golden Gateway Center v. Golden Gateway Tenants Association, 26 Cal. 4th 1013 (2001), People ex rel. Gallo v. Acuna, 14 Cal. 4th (1997)]

• Participates in many invitation-only private "seminars" thrown by ultra-right wing organizations such as the Liberty Fund and John M. Olin Foundation. Attending such events, at the very least, contributes to an appearance of impropriety and, at worst, may influence judges and affect the outcomes of cases.

• Brown was the first California Supreme Court Justice to receive an unqualified rating from the state bar and still be nominated by a governor, in this case Gov. Pete Wilson. Three-fourths of state bar evaluators felt Brown was ill-equipped to hold the position. Complaints filed by her peers called her "insensitive to established legal precedent…and lacked compassion and intellectual tolerance for opposing views."

Last updated 11/17/03