Judicial nominee clears panel

The Senate Judiciary Committee -- voting along party lines -- narrowly approved the nomination of William G. Myers III to the federal appeals bench yesterday, signaling a likely Democratic filibuster on the Senate floor.

Mr. Myers, a lawyer in the U.S. Department of Interior nominated by President Bush to the 9th Circuit U.S. Court of Appeals, has drawn the ire of environmentalists for his work as a lobbyist for grazing and mining interests out West.

Bush should appoint all these judges during a recess...

He may as well. This is where we are now.

For the first 200 years of our nation's existence, nearly all Presidential nominees were confirmed after legitimate "advise and consent" proceedings. Then, in the '80s, the Democrats invented the art of the smear, now known colloquially as "Borking". Over the next fifteen years, the Democrats fine-tuned and expanded their smear tactic to the point where they are now filibustering appeals court nominees for the first time in history. And they are doing it routinely!

"The toothpaste is out of the tube", "the genie is out of the bottle" - - pick your cliche; the bottom line is that after 200 years of working just fine the Constitution of the United States has been brutally sodomized by the Democrats, and the tradition of "advise and consent", as envisioned by the Founders and set forth in the Constitution, is gone forever.

The Democrats are fully aware that should they get one of their own back in the White House (and someday they likely will), virtually every nominee to a federal bench will be turned away by the Republicans as a "liberal judicial activist". The only way a lifetime appointment of any real consequence will get confirmed is if a President can get 60 votes in the Senate, or enough votes for closure against a filibuster. And this will probably be a pretty rare situation.

So here we are. It is a new world for the judiciary and it is a world where appointments to federal benches, including the Supreme Court, will mostly be recess appointments. As the current lifetime appointments retire and die off, the various federal benches (including the Supreme Court) may as well have turnstiles installed as each new President packs the court with his own recess appointments and the last President's recess appointments go home. "Advise and consent" be damned. This will eventually lead to a situation where in times of a Republican Presidency the courts are loaded with jurors who take the Constitution seriously and in times of a Democrat Presidency the courts are packed with jack-in-the-box clowns who rule based on the chic political correctness of the day.

Every time there is a switch in the party that controls the Presidency, the motions and the lawsuits will fly, and reversals will be the rule of the day - - they will be as common as a cold. And it will be pure chaos.

Congratulations, Democrats.....

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