Home School Legal Defense Association

J. Michael Smith, Esq.
President

Michael P. Farris, Esq.
Chairman

Full U.S. Senate to Vote on Ogden Nomination—Calls Needed

Federal Relations Department
March 9, 2009

The Senate Judiciary Committee recently voted 14–5 to send David Ogden’s nomination as deputy attorney general to the full U.S. Senate for a confirmation vote. We have been told that the Senate will hold its vote sometime this week. We previously informed you that Ogden has been nominated by President Obama to the second highest position in the Justice Department.

HSLDA urges you to call your two U.S. senators and voice your opposition to Ogden’s confirmation. If either of your senators are among the five who voted to oppose Mr. Ogden in committee, we encourage you to call their offices and thank them for their principled vote. They are Tom Coburn (Oklahoma), John Cornyn (Texas), Chuck Grassley (Iowa), Orrin Hatch (Utah), and Jeff Sessions (Alabama).

The most important reason to oppose Ogden’s nomination is his belief that the rules found in the U.N. Convention on the Rights of the Child are already binding on the United States under the doctrines of international law.

For background information on this doctrine, see Michael Farris’ article, “A Deeper Understanding of the Threat of International Law” in the November/December 2007 Home School Court Report.

This means Ogden believes that the legal rules contained in the U.N. Convention on the Rights of the Child are already binding on the United States, even though this treaty has never been sent to the U.S. Senate for ratification.

Homeschoolers have long understood the dangers of this international treaty, which contains the core principle that the government is primarily responsible for the education and upbringing of children, not the parents. Ogden used this U.N. treaty in a Supreme Court brief to reach the conclusion that America’s courts can overrule state law, using international law as their guidepost for constitutional interpretation. And Ogden successfully argued this philosophy to the highest court in the land.

Clearly, Ogden is a proven advocate for the harmful position that international law should be used to interpret the Constitution of the United States and be controlling over state laws.

If this weren’t enough, Ogden has a history of representing Playboy and other purveyors of pornography in high-profile legal cases. He also challenged the legality of using filters on library computers to protect children from seeing pornography. His record prompts many to question whether Ogden would enforce the nation’s pornography laws, as would be part of his job description as deputy attorney general.

The U.S. Senate needs to understand that the American public does not approve of officials who believe that international law trumps American law written by representatives elected by the American people.

Action Needed

If one of the five senators who voted to opposed Ogden’s nomination is from your state (see above), please email his office and thank him.

If your senators are not among these five, please call their offices and urge them to vote against Ogden’s nomination. You may find your senators’ contact info at the online HSLDA Legislative Toolbox.

Thank you for standing with us for freedom.