Democratic
presidential contender Sen. John Kerry said last week that
he is concerned that if President Bush is re-elected
he will appoint pro-life judges to the federal bench. That,
he says, demonstrates Bush's "unwavering commitment to
refashioning the court in the ideological image of the far
right."
So we now have a powerful senator, a major
player seeking the highest office in the land, going on record
saying that
anyone who supports the unborn's right to life is "far
right." Translation: Those who support human life are
extremists.
Kerry did not attempt to deny that he would attempt to block
the nominations of all judges who are pro-life. Up to this
point, most Democratic politicians have talked around the issue,
vigorously opposing pro-life nominees, but denying they were
engaging in a de facto litmus test to that end. With Kerry
out of the closet, it will be more difficult for the left to
deny its anti-life judicial agenda.
I don't know about Republican Party honchos and the quarterbacks
of the Bush re-election effort, but I'm ready to take this
fight to the American people. I think the voters need to understand
that a vote for Democratic presidential and congressional candidates
aids the cause of the radical feminist movement and the militant
pro-abortion lobby.
I think a majority of Americans, these days,
are pro-life, especially in view of recent and ongoing scientific
data supporting
the obvious reality that the unborn are live human beings,
entitled to dignity, respect and, yes, life. Beyond that, what
liberals are saying is that they regard the judiciary as an
institution that can "legislate" policy they are
not able to implement through the constitutional process.
It is interesting that Democrats have admitted in recent years
that they fully intend to use the courts to further their policy
agenda -- that judicial activism to effectuate their goals
is justified and desirable. Yet when a Republican President
is in power, they cry foul at the suggestion that he might
appoint conservative judicial activists.
In fact, most conservative judicial nominees are not judicial
activists -- they believe that the Constitution ought to be
interpreted according to its plain meaning and the original
intent of the framers. Rolling back liberal judicial activism
is not conservative activism.
If the Court, for example, were to reverse Roe vs. Wade and
return the abortion issue to the state governments to regulate
as they see fit, it would not be conservative judicial activism.
It would be an eradication of that gross judicial decision
that usurped state authority over the issue based on a constitutional
right to privacy that exists nowhere but in their imaginations.
Liberals are fond of citing the Supreme Court's decision in
Bush vs. Gore as an example of conservative judicial activism.
The Republican Court, they say, selected George Bush as president.
But they fail to point out that the Court was correcting egregious
unconstitutional decisions by the Florida Supreme Court. The
liberals raised not a hint of objection in the face of those
obscene decisions.
Moreover, it's a stretch to characterize this Supreme Court
as conservative, even though Republican presidents appointed
most of its members. A predominantly conservative court wouldn't
have affirmed the grotesque practice of partial-birth abortion
based on misleading information about the health of the mother.
By and large, conservatives support constitutionalist judges
who will operate within their proper sphere of authority so
as to preserve the vital separation of powers that is essential
to our liberties.
In the presidential campaign, Republicans should welcome the
opportunity to debate the issues of judicial activism and society's
overall respect for the sanctity of human life. Do we want
a superlegislature whose members have lifetime tenure and are
unaccountable to the people? Or do we want legal scholars who
will interpret the Constitution with objectivity and not through
the prism of their own political preferences?
Democrats have been blocking President Bush's nominees with
alarming frequency, in many cases denying them a hearing before
the full Senate. While Republicans' hands are not entirely
clean on this, the level of Democratic mischief in obstructing
President Bush's appointees is unprecedented and threatens
the president's appointment power. It truly is past time that
we take steps to rein in this imperial judiciary and restore
the policy-making prerogatives to the executive and legislative
branches of government.
If Republicans articulate this issue clearly it will be a
sure winner, because at heart it is democratic. It will restore
power to the people and their elected representatives. So let
the fight begin.