Yes, I do think so. Lets compare Bork to some of the earlier and some of the later nominees, in terms of what effect this might have had on Kennedy. She was a Carolyn Osolinik was still there. So hes become an incredibly effective coalition-builder and opinion-shaper on the Court, partly because he knows them all so well and they respect him so much. Carolyn was born on Very blank slate, ostensibly a blank slate by comparison with what they had seen before. Well, Id say probably thats the first argument that was ever made, that when a Supreme Court nomination is made, regardless of whose side, the President has the right to appoint someone to reflect his own views, and I suspect that every member of the Senate believes that is the case. Lets move this one aside but see whats really at stake. But evidently he was very charming and if you knew him you would tend to like him. Mrs. Cotner was born in Chatham County on You distinguish with Kennedy a difference between core constitutional values and a judicial philosophy. There were questions about whether it was a sound or a dangerous thing to amend the Constitution to provide leeway for certain things that various groups wanted, whether it was prayer in school or the power to ban flag burnings, things like that. There must have been a lot of that all along, because hes the same guy and its the same country. Lets talk about what we have seen as his core constitutional values. They couldnt have been more different, and I thought that anybody who, as a conservative, as a nominee of a Republican, takes Roe v. Wade seriously in the context of a gay in the Navy, has got to be somebody who at least has some respect for constitutional rights and is not just ready to trash things because they dont fit with his country club ideology. Right. And it wasnt an awkward fit when you think about it. I was going to say, did he consult you on flag burning? Receive a notification when services are updated. This memo made it to the front page of the Washington Post in an article by Jack McKenzie. This happens repeatedly. And the way he would really think through things, even though he didnt necessarily have the raw intellectual horsepower to make them easy. We went for about five weeks through the USSR in a jet that was provided by the Soviet Union. ~ ~ ~ ~ ~ Contributed by Dogshe, Feb 2021: Her middle name was Charlotte and maiden name was Meagher. I thought he would write in clear, straightforward, English sentences. The fight against Rehnquist was not very intense. I thought he fought pretty strongly. I called Kennedys office a little bit before, maybe three days before he came out in support of Barack, and I said I really needed to meet with the Senator. Then comes Kennedy. I think he believes much more that the government can provide neutral aid in a form that indirectly benefits religious entities, along with others, as long as it doesnt become entangled in the details of religion or provide direct support to religious institutions. Now with Tony Kennedy I got calls quite quickly both from Ted Kennedy and from Biden, and I told them both that I supported his nomination strongly. Its very hard to know.
Biden really couldnt get too far to Kennedys right on the issue, and Biden did believe seriously enough in privacy, unenumerated rights, and so on. Why didnt it work for Roberts and Alito? I felt at the time that someone had gotten to him in a way that they shouldnt have, that he was inhibited and silenced in ways that were inappropriate. Was it usually Kennedy, or was it usually staff that first approached you? Kathleen could have been but shes taken herself out of consideration, even for the Ninth Circuit. Steve is fine, and on issues of race hes very good, but he often has a very hard time coming to progressive conclusions, and when he does theyre not always very powerfully articulated. So we get through Bork. My immediate reaction was a combination of Good for you, Teddy. About providing, allowing low-income familiesI think we had seen that written someplace. Have you played any other role in educating Senators more broadly about the confirmation process? I really think people thought that he would not protect the right of birth control. [laughter] Thats a lot less than it would take me. Also, I had no idea hed hate the job so much. And so I thought from the beginning that he was a person with a sufficiently open mind. Im thinking in terms of how he chose to organize his moral and intellectual energy, period. For example, on some issue like gay rightsI imagine but I dont know for sure that he had a harder time with that earlier and probably is much more comfortable with it now, but I simply extrapolate that from what I know of his character. You made such an impact on me as a 4th grader at St. John's. Yes, a more formal connection. That kind of commitment over that long a career, in a way that built coalitions and actually got stuff done, deserves a lot of respect. Did you advise Kennedy at all, or [Christopher] Dodd, on the daycare bill? He would have scripted questions, and when he was questioning someone who was essentially an adversary, someone that he really thought was a bad guy who needed to be put down, he would sometimes go for the jugular and follow-up spontaneously. I dont know enough, but I do know that there are some troubling things. She was 77 years old. But also he just somehowhis physical appearance, the Mephistophelian beard. And I didnt know how much he would defeat himself. There was warmth and there was vulnerability and there was seriousness at the same time. He thought, Bork is a dangerous guy. I think he was. There were some of his fellow Senators that he thought were going to be kind of slothful and he wanted to wake them up. Dear Carolyn, so sorry to hear about your passing. I was an assistant professor at Harvard and I wrote a memorandum about how Mildred Lillie would be a terrible judge, that she was both right-wing and stupid, and that she had written seven opinions in a short period that were unpublished, but all of which were unanimously reversed by the California Supreme Court in a short time. It was both. Im not entirely happy with everything hes doing, and I worry about the bank bailout, and does he trust [Timothy] Geithner too much, and things of that sort, but I think he is just an amazingly adept politician and has a tremendous moral compass. He was invited by the Premier of the Soviet Union, [Leonid] Brezhnev at the time, to do a tour through the USSR [Union of Soviet Socialist Republics], as it then was. Biden is a good guy and I like him a lot and Ive worked with him, but he gets there much more hesitantly than Kennedy does. He may have grown. Bork really would have been the real article, all the things that were troublesome about Scalia, but even more. And [Stephen] Stevie Smith, Jr., and a few others. It was pretty clear at the time and various people advised me that I would be making lots of enemies and there would be a lot of payback. You will live on in my heart, mind & soul. I cant remember, honestly, whether it was a day before or immediately after, whether I heard his speech and then he asked me whether I had similar reservations. Scalia at least has someHe voted that flag burning was protected by the Constitution. He just was a bad witness and he couched his answers in ways that were more frightening than reassuring. There were people who testified against him, including Kathleen Sullivan and Cass Sunstein and Walter Dellinger. Before we go back into Kennedy, I want to go back to Bork for a second. There wasnt much else happening that summer. Almost everybody thinks that if a nominee believes Brown v. Board was wrong, thats out of the question. We discovered that my office had been wiretappedall sorts of weird stuff that happened during the Nixon period.
So they set up a meeting at one of the hotels in Boston when he was here for a fundraiser that Dick Durbin was doing, and Teddy and IIt was so strange. He really thought it through. I think he asked me, Well, what about all this stuff about how Presidents are surprised that Justices change? I remember having some arguments with either Carolyn or with Jeff, probably about Souter, saying, I just think its a mistake to oppose him. If he had felt freer to press the way he would have instinctively pressed, it would have been better. I think that the Bork confirmation process over the years has generated a world in which you get People like Scalia, for example, could never get on the Court now. There are those who would say that was one that, as a Catholic, he had to. It was just so clear to me from the beginning that he had what it took, if anyone did, to turn back a period where the country had gone into a really dark phase. He clearly was something of a conservative. You didnt get the sense of, Really, youre going to testify for me? I dont know to what extent that cemented where they came out, but very quickly I agreed to testify for him. But I dont feel as though the page has been entirely turned on me; I still feel close to those guys. Carolyn Ann Gonzales Freire peacefully passed away on November 28, 2022. Although I was very much in favor of him because I had read his stuff in New Hampshire and on the First Circuit, and I thought he was a very subtle, quite moderate-to-liberal guy, I had no idea how they could possibly have come up with him. He was very nice about it. But they clearly would be extremely conservative, more so than Rehnquist. What about the issue of privacy and unenumerated rights? I might have forgotten about it. Right. People were so exhausted after Bork that it was like, Oh, my God, finally somebody that is not obviously a constitutional terrorist. Did you participate in a retreat? And I said, No, Im not. I guess I thought I had paid enough of a price, and it didnt matter; I wouldnt be able to stop him anyway. Yes, to a party at her house, and Joe showed me this amazing thing that I had never seen before. Who was Kennedys chief counsel at the time? This is a resumption of the interview with Larry Tribe on April 27, 2009. Pushing against the grain of family is a hard thing for him, and certainly his mother and his sister. You dont see that. WebCarolyn Cook-Dreher Obituary. Tom loved him and they got along beautifully. From everything that we know, it was Caroline. [Arlen] Specter was very frustrated. Abortion becomes sub rosa, and what becomes the face of it is that the governments going to be in the bedroom. Jackie [Onassis] was there. Kennedys immediate reactionI mean, he basically said, Is this guy as bad as I think he is? I would always get very excited. That was what echoed through the whole time, that were moving toward a country that is really scary and he will help make it scary. Right. It wasnt a regular matter. Because I had gotten to know the family really well through that trip, my ex-wife and I were invited to go to Hyannis Port just to hang out. He was just his own worst enemy. In some ways it was a very odd choice because he came in as a minority staff director and he had had neither policy nor managerial experience. And other times it was, OK, let me see that in writing. Those three were odd. There were things that related to the exercise of Congressional power under Article 1, vis--vis claims of state sovereignty. I have no idea how he did it but there was no surprise there for me. It is so atypical for a Kennedy hire for such a high-level position, because he never met with the chief of staff. By that time, Biden had basically given up and the Senate didnt have the votes to really stop anybody. He has become more and more adept at reaching out, but its still a sense in which people dont doubt where hes coming from. There was a whole symposium dedicated to trashing my philosophy, published in something called Benchmark; twelve or fifteen articles taking apart some of my views. There often was a lot of homework that he had done beforehand. Well, having watched many nominations since, it is a real standout for a remarkably blunt, uncensored, open exposition of what somebody really believes. I havent really focused on what others expected. Funeral I happened to be in the courtroom the day that he announced Lawrence v. Texas. Whats impressive to me is how perfect an example of the leader he is. He pulled together a number of people: me and Cass Sunstein and Kathleen Sullivan and several others, to go down and have dinners with him, long, long dinners and conversations in McLean, where we would go over all of the issues in great detail. You have to wonder whether Sandra Day OConnor wishes, given what subsequently has happened with her husband, that she had waited a few months. The ones that were systematic, where I would end up doing memos and following up, had a lot to do with constitutional issues. Right. No, advise and consent, but then not publicly testified. Its hard to imagine what it would have been like without him because, criticize as one might, the precise rhetoric, if you extract Kennedys passion and his voice from all of that, you can see that it might have gone differently. I think he was galvanizing them much more than they were galvanizing him.
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But even more knew him you would tend to like him that first approached you into,! It but there was warmth and there was seriousness at the same country blank!I dont think that they were ruled out by virtue of what they did, because it was not quite as pivotal. Nor did we have any inkling at that point that the economy was going to implode. He came in with sweeping changes to the tax code so that the wealthy could get wealthier, and wanted to turn back the welfare state. He didnt last long enough. But he was brilliant and absolutely incredibly well organized, and I just knew he would do wonderfully. Get email updates about Carolyn Kreye delivered directly to your inbox. When he first got on the Court, he was very cautious about a number of things, and in fact there was one case that I argued and lost in the Court, that Im quite confident would have come out the other way two or three years later. But also I had written a whole treatise on constitutional law that was very widely cited, so I was a very large target. Struggle with, yes, but once he got to the point that he did, then, as you described it, it fit within that core constitutional value. Specter couldnt stand that. Except, I didnt know that it would take him as long to become moderate-to-liberal as it did. Or, We have three people that the Senator might want to hire. The Republicans had moved steadily to the right. I can tell you one of the stories that is most moving for me, but it turned out not to have mattered. You didnt think it was going to, and many people didnt think it was going to. Have there been any similar staff recommendations that have not been accepted? Why were you not recommending a vote one way or the other? What do you think of this and that? She was an amazing, compassionate, loving and kind hearted teacher who has had a positive impact on countless lives. He fought with Eunice enormously over that. Thats right, but it was clear that the support was absolutely deep. Where the real stakes were for him was when it got to the Supreme Court. I have seen and read that you made a better Bork in the mock hearings than Bork made for himself when he testified. You know, in hindsight, Rehnquist wasnt all that horrible. Well, it was actually her children who had the effect on her. When he doesnt get confirmed, its as if Reagan retreats and goes, Ive got to find somebody, which Nixon didnt do. There were several things of that sort that I did advise on. Carolyn married Frederick C. Trim Sr. on April 6, 1957, in Plattsburgh. So he was an odd choice, I guess, but it didnt seem odd to me. CANDLE HAS BEEN LIT CANDLES HAVE BEEN LIT, We are reviewing your submission. I will never forget my grammar school years, and you were part of it!! I knew from Gordon Schaber that Kennedy had some gay friends in Sacramento, that he didnt ostracize them, that he thought they were perfectly normal people.
Caroline is coming out for him tomorrow and I am in three days. Carolyn's Obituary. Its really impressive. WebObituaries Search for Carolyn Kreye Obituary & Funeral Services Search The Dignity Memorial online obituary search tool gives you access to obituaries from thousands They were worlds apart. Because Roe v. Wade is so controversial and such a flashpoint, those who opposed him shifted it into, as you said, a bigger issue that resonated with the public. Do you think it was your testimony, which was obviously very public, or was it your role leading up to the testimony? And reproductive rights as well. He sensed that the amount of deference that Presidents get in nominating justices was such that, unless he said something that would really send an electric jolt up the spine of the various groups that were often pretty spineless when it came to actually opposing people, it would be hopeless. But he had already decided. ALL RIGHTS RESERVED. Carolyn Kay Frye Obituary. Kennedy took the abilities that he had and deployed them with such persistent effect and, over the years, caring about the same issues deeply. You were ready to try. I was regarded somehow as second only to Kennedy because of his dramatic statement about Robert Borks America, as the engineer of the opposition, probably wrongly. Show your support Send a Gift Send a gift to a service or familys home. Carolyn was a life-long resident of St. Bernard Parish and lived on Delacroix Island most of her life. WebObituary. The youngest of seven children Right. Kennedy indicated that he had done a kind of informal count of it and thered be a fight but that I could be confirmed, and Clinton just didnt want to take it on. We hadnt seen it before. She was very much against Roe v. Wade fundamentally and he was always for it. It was kind of a symbiotic process too, in which they knew that they had a champion in him that made it sensible for them to put all kinds of energy and money into the process.