"A majority federal judges in the United States were appointed by Republicans. Six out of nine of the Supreme Court, seven out of 12 of the 11th Circuit Appeals Court, which turned down Terri's appeal, and most of the federal district court judges in the US."
But most with a Dim Senate, which prevented real conservatives from becoming judges.
We now have both a Republican Senate (more or less) and Republican President. THAT is the difference.
Dear MeanWestTexan,
"We now have both a Republican Senate (more or less) and Republican President. THAT is the difference."
I don't hold out much hope in this regard.
In the last 24 years or so, we have had approximately:
- 9 years of a Republican President / Republican Senate
- 7 years of a Republican President / Democrat Senate
- 2 years of a Democrat President / Democrat Senate
- 6 years of a Democrat President / Republican Senate.
This suggests that we should have seen a rough balance ideologically on the courts, a little dominance toward Republicans.
In fact, the courts, ideologically, in terms of politics, are in rough balance, with a little dominance toward Republicans.
Sandra Day O'Connor was nominated by President Reagan with a Republican Senate.
Although he had to clear a Democrat Senate, Justice Kennedy went to the court as a foe of Roe v. Wade. Now he is a staunch supporter. Why? Because he believes that the precedents of the Court overrule the plain language of the Constitution. In other words, he believes in judicial tyranny more than he believes in a conservative interpretation of the Constitution.
That is the deeper problem.
It isn't a question of politics. It's a question of fundamental constitutional beliefs - does the judiciary have the final say on all matters of American life? It doesn't appear that most judges think otherwise. IT DOESN'T EVEN APPEAR THAT THE PRESIDENT OR THE REPUBLICAN CONGRESS THINK OTHERWISE. It will be difficult to get a judiciary that doesn't believe in judicial supremacy, when neither the executive that nominates, nor the Senate that confirms think otherwise.
Judicial supremacy is the default belief of most lawyers, most judges, most politicians, and perhaps even most Americans.
It is the basis of the failure of President Bush from using executive authority to save the life of an innocent citizen, and it is the basis of Gov. Bush's belief that he has no power to obey the laws and constitution of Florida to prevent the judicial murder of a Florida citizen.
It is the basis of the failure of the US House of Representatives and the US Senate to ask the President of the United States to have the murderer greer arrested for contempt of Congress and for violating federal law.
It is unlikely that an executive and legislature that accept judicial supremacy will nominate and confirm judges who don't.
sitetest