Janice Brown as Libertarian

Janice Brown as Libertarian

Good Judge: The case for Janice Brown

What is most remarkable about Brown's jurisprudence is that she sees all basic individual rights as equally fundamental. Unlike many liberals, she counts property rights and economic liberties as deserving of judicial protection. In Santa Monica Beach, Ltd. v. Superior Court (1999), for instance, she dissented from a decision upholding a rent control ordinance, declaring that "[a]rbitrary government actions which infringe property interests cannot be saved from constitutional infirmity by the beneficial purposes of the regulators."

In a dissent in San Remo Hotel v. City and County of San Francisco (2002), which upheld the city's sweeping property restrictions, Justice Brown expanded on that theme. "Theft is still theft even when the government approves of the thievery," she declared. "The right to express one's individuality and essential human dignity through the free use of property is just as important as the right to do so through speech, the press, or the free exercise of religion."

Brown also consistently upholds such rights as freedom of speech, privacy, and the rights of criminal defendants—a position that bothers many conservatives. In People v. Woods (1999), Justice Brown objected to a police search of a home justified by the fact that a roommate was an ex-felon. "In appending the Bill of Rights to the Constitution, the framers sought to protect individuals against government excess," she wrote. "High in that pantheon was the Fourth Amendment guarantee against unreasonable searches and seizures."