It is difficult to quantify the degree of misinformation,
hypocrisy, malevolence and impropriety issuing from Democratic
ranks in their shameless hijacking of the president's judicial
appointment power.
Last week, the Democratic obstruction machine successfully
filibustered another group of President Bush's highly qualified
judicial nominees. What are these abusers of power so afraid
of that they won't allow an up or down vote on the floor of
the Senate?
This means that to get a Republican judge confirmed today
you need the vote of 60 senators, which is nearly impossible
when senators are voting on politics rather than judicial qualifications.
The Democrats have now filibustered four extraordinarily capable
judges: Priscilla Owen, William Pryor, Miguel Estrada and Charles
Pickering, and have also prevented votes on Carolyn Kuhl and
Janice Rogers Brown.
Plus, Democrats have said they intend to filibuster an additional
six judges, making it 12 out of 41 Bush nominees to the federal
appellate bench they will have blocked. So when Democrats say
they've confirmed a great percentage of Bush nominees, they're
talking about trial judges. It's appellate judges who have
more impact on the course of the law -- and the Democrats'
confirmation rate on these judges is abysmal. And their obstruction
is retarding the administration of justice (the 6th Circuit
Court alone is 25 percent vacant, according to Senator Mitch
McConnell).
Senate Judiciary Committee member Dianne Feinstein
(D-Calif.), revealed an enormous misunderstanding of her
constitutional
role in the judicial appointment process. She said, "I
also deeply believe that the closeness of (the 2000) election
and the fact that right-wing judges never really were part
of this president's candidacy indicated to me that there is
no mandate out there to skew the courts -- and particularly
the higher courts, appellate courts -- to the right."
Excuse me, Senator Feinstein, but mandates are irrelevant
here. The president's constitutional right and duty to appoint
judges does not depend on the amount or percentage of votes
he received in the presidential election. What sophistry!
But since you brought it up, Senator, let me
tell you what the president did say when he was campaigning
for the presidency. "There
will be no litmus test, except for whether a judge will strictly
interpret the Constitution."
Bingo -- right on the mark. A judge's political philosophy
isn't the issue; his judicial philosophy and qualifications
are what's important. Will a judge interpret the Constitution
according to its original intent, or not?
Conservatives don't believe in appointing conservative ideologues
to the bench, but judges who will honor their constitutional
role of interpreting, not making laws. Even if those laws run
counter to their ideology, as strict constructionists they
will strive to refrain from the temptation to overstep their
constitutional authority and remake the laws to conform to
their policy preferences. It is your liberal ilk, Senator,
who can't seem to grasp this concept, or who just don't have
the character to obey their oaths of office.
Indeed we have a real-time case study of this phenomenon,
and it happens to involve one of the appointees -- Alabama
Attorney General William Pryor -- who have been filibustered
by the Democrats.
Democrats had the audacity to lecture Bill Pryor about the
likelihood that he would impose his own philosophy instead
of following the Constitution if confirmed to the federal appellate
bench. This is surreal. These are the same people who openly
advocated the politicization of the courts because they couldn't
otherwise be sure of implementing their policies through the
democratic process.
Not only do they have no standing to complain about conservative
judicial activists, they are dead wrong about William Pryor.
Have you been following the news lately? This is the same William
Pryor who has stated that he agreed with Alabama Chief Justice
Roy Moore's legal position that the Ten Commandments display
should have been permitted in the Alabama Supreme Court building.
Yet when Pryor was called upon to enforce the law against
his friend Judge Moore, he carried out his duty -- even though
by doing so he incurred the wrath of many of his fellow Christian
conservatives. As attorney general he followed what he believed
to be his constitutional duty. How much more would he do so
if serving as a federal appellate judge?
Democrats took the gloves off beginning with
Judge Bork's nomination, and they've kept them off. Now one
of them (Senator
Kennedy) is even calling minority appointees "Neanderthals."
Once again, the unprincipled extremism of the "progressive" left
is exposed for all to see.