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Judge Pickering’s Revenge. The judicial-confirmation battle has already hurt Democrats.
The Washington Times ^ | November 06, 2003, 9:41 a.m. | Sean Rushton

Posted on 11/06/2003 7:45:12 AM PST by .cnI redruM

Last week, Senate Democrats effectively defeated the nomination of Charles Pickering to the Fifth Circuit Court of Appeals through abuse of the filibuster. No doubt liberal ringleaders against the judge — Sens. Ted Kennedy (D., Mass.), Patrick Leahy (D., Vt.), and Chuck Schumer (D., N.Y.) — were pleased to add another Bush nominee's scalp to their collection, but with Tuesday night's Republican victory in the Mississippi gubernatorial race, as well as vulnerable Senate seats across the south and midwest in 2004, it may be Pickering who ultimately has the last laugh.

The Pickering saga began almost three years ago when Bush first nominated the long-time Mississippi district-court jurist to the Fifth Circuit. Pickering's nomination arrived at the Senate just as Democrats were restored to majority power by the defection of Sen. Jim Jeffords (I., Vt.) from Republican ranks. Eager to flex their muscles against the Bush White House, Democrats and their liberal allies from the New York-Hollywood axis opted for a strategy of hardball opposition, and settled on Pickering as their ideal target. Southern, white, middle-aged, conservative, and religious — he had been president of the Southern Baptist Convention during the 1980s — Pickering seemed the ideal nominee for a good, old-fashioned borking.

The only problem was, contrary to the stereotypes, Pickering had a long record in the new south as a racial reconciler and friend to African Americans. He had stood up to the Ku Klux Klan in Mississippi during the 1960s. He has sent his kids to the desegregated public schools. And he was supported by numerous Democratic officials and African-American leaders in his state.

But that did not dissuade the liberal attack machine. In Pickering's record, they found an instance in which he had written to the Department of Justice disparaging its decision to harshly penalize a young man white man for cross-burning. In truth, Pickering's criticism was over the disparity between the one man's sentence and another man involved who got a far lighter sentence though he had instigated the crime. But it was enough.

People for the American Way, the Leadership Conference on Civil Rights, the NAACP, and dozens of other left-wing grievance groups jumped on Pickering's nomination with both feet, charging "racial insensitivity." Democrats in the Senate followed suit, and, after a long and brutal campaign, Pickering was defeated in committee on a party-line vote, 10-9, in March 2002.

While Democrats had won the battle, Republicans were intent to win the war, especially in the south, where Pickering is well-known and highly regarded. In a region where "racist" is a deeply meaningful and serious charge, many were outraged by its casual use by Democrats and the elite media to smear a man of Charles Pickering's standing. Some saw the accusation as Yankee shorthand for Mississippian, religious, and conservative, and regarded the Left's tone and tactics as a sign of what the national Democratic party really thought of them.

The GOP strategy of raising the judicial issue succeeded unambiguously. Senate Republican polling indicates that the 2002 fight over Pickering brought judicial nominations into the top three factors in the Democrats negatives, helping drive those negatives to historical highs. The judicial debate has remained among the top three negatives every month since, except for the month of the Iraq War, when Democrat war opposition bumped it to fourth. The same polling indicates that in close-fought Senate contests in November 2002 in Georgia (Saxby Chambliss), Missouri (Jim talent), and Minnesota (Norm Coleman), the "Pickering factor" helped motivate Republican base voters as well as swing moderates into the GOP column, thereby returning the Senate majority to Republicans.

Coleman, an extremely savvy campaigner who beat a former Democratic vice president in a generally liberal state, knew what he was doing when he focused voters' attention during his one televised debate opposite Walter Mondale:

"And let me just finish on the judicial appointment's question, and I'll use Judge Pickering, one of the president's nominees, who is supported by the Democratic Attorney General Moore of his state, who is supported by the Democratic-elected officials of his state, who is supported by the local NAACP of the city in which he lived. But because of the same tone that the vice president is expressing here, and is defending here, and the characterizations of right and left, in the end, you had a man supported by those who knew him, who were Democrats in a bipartisan way, supported by the Bar Association, and it didn't get through. And we've got to change that tone in Washington. It's not good for America, and it's certainly not good for Minnesota."

Coleman readily asserts that judicial confirmations in general, and the treatment of Pickering in particular, helped him win his seat.

Even in states where Pickering's nomination was not the explicit issue, the battle over his nomination helped set off a wave of outrage over Democratic attacks on judicial nominations. Sen. Wayne Allard (R., Col.) says that when he reached out to Hispanics in his state, he talked about just two issues: tax cuts and the blockage of court nominee Miguel Estrada. On Election Day his percentage among Latinos had improved by 25 percent, contributing significantly to the tight margin of victory.

Similarly, in Texas John Cornyn faced an uphill battle against a charismatic African-American, Ron Kirk. It wasn't until Cornyn began running ads pointing out that Kirk would side with national Democrats to block nominee Priscilla Owen that Cornyn took the lead.

After the 2002 elections, with a new GOP majority in the Senate, the President resubmitted Charles Pickering's nomination to the Senate for reconsideration. After months awaiting consideration, he was finally voted out of the Judiciary Committee on October 2, 2003 and went to the Senate floor last Thursday. There Democrats decided rather than give him a fair floor vote, they would block him by filibuster.

Running for governor in Mississippi, Republican gubernatorial candidate Haley Barbour, no political novice, immediately seized the Pickering issue to bash his opponent, incumbent Ronnie Musgrove. Though Musgrove — like all state-wide elected Democrats — endorsed Pickering and called for his confirmation, Barbour was quick to jump on the issue and link his opponent to national Democrats:

"They [Senate Democrats] have one thing against Charles Pickering, and this is the story of the Democratic Party today," Barbour said. "Charles Pickering is being filibustered because he is a conservative, pro-life, Republican, Christian. . . . We need a governor who has influence with his national party. . . . His support for Judge Pickering didn't sway any of their votes." Barbour won, even while the state of Kentucky elected its first Republican governor in 53 years.

Now, with new gubernatorial victories in southern states over long-time entrenched Democrats — to say nothing of Sen. Zell Miller's (D., Ga.) scathing new book, A National Party No More — Democrats should be wondering why rural voters, especially in the south, are turning them out of power. With open or vulnerable seats next November in North Carolina, South Carolina, Georgia, Louisiana, Arkansas, Florida, North Dakota, Nevada, and South Dakota, Senate Democrats may end up regretting their treatment of Charles Pickering after all.


TOPICS: Extended News; News/Current Events; Politics/Elections; US: Mississippi
KEYWORDS: charlespickering; dish; obstructionists; revenge; servedcold
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A lot of Sourtherners have come to believe that all Dems think they have green teeth and go to KKK meetings. This is killing the Dems in elections. Their behavior during the Pickering confirmation hearings made this mindset evident and had to help Haley make it into office.
1 posted on 11/06/2003 7:45:12 AM PST by .cnI redruM
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To: .cnI redruM
The Senate is in executive session on the Pryor nomination right now (CSPAN-2).

"Proceed to executive session to consider the nomination of William H. Pryor to be United States Circuit Judge for the Eleventh Circuit."
2 posted on 11/06/2003 7:48:01 AM PST by TomGuy
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To: .cnI redruM
And this is where the FBI should be turned into a weapon. If the President doesn't get his nominees, he should have the FBI dig up dirt on Kennedy, et al and have them arrested and prosecuted. It's time for the FBI to be used for something positive and time to play true hardball with the left.
3 posted on 11/06/2003 7:49:47 AM PST by CodeMonkey
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To: .cnI redruM
DEMS - the party of the "little guy"....unless he lives south of D.C. (Exempting, of course, Howard Dean who is the candidate of the south....sort of.....maybe....depends on who's asking...)
4 posted on 11/06/2003 7:50:11 AM PST by anniegetyourgun
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To: .cnI redruM
A lot of Sourtherners have come to believe that all Dems think they have green teeth and go to KKK meetings.
Yep, that's pretty much the message sent by the east and west coast liberals.

They also think that calling President Bush a "cowboy" is some sort of insult. Down here, it's a compliment.


5 posted on 11/06/2003 7:50:42 AM PST by DallasMike
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To: TomGuy
I hope the Democrats filibuster that one too. It just shows they could care less about the South.
6 posted on 11/06/2003 7:51:01 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: .cnI redruM
A lot of Sourtherners have come to believe that all Dems think they have green teeth and go to KKK meetings.

Howard Dean isn't doing a whole lot to change that.

7 posted on 11/06/2003 7:53:38 AM PST by squidly
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To: .cnI redruM
Not to mention the fact we can't find a better all round, person than Charles Pickering. He loves God, America, his wife and family. He is truly a decent man and never deserved the treatment he has received from the Democrats.
If you don't lie, steal, cheat, hate America, hate children, and aren't full of the devil, the democrats have no use for you.
If IT destroys America, that's what the democrats want.
Oh, have I said I despise democrats? :)
8 posted on 11/06/2003 7:55:26 AM PST by Letitring (.)
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To: .cnI redruM
Good article. You know you've screwed up big time when the farmers show up at the city gates with pitchforks and torches.
9 posted on 11/06/2003 7:57:43 AM PST by randog (Everything works great 'til the current flows.)
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To: .cnI redruM
People for the American Way, the Leadership Conference on Civil Rights, the NAACP, and dozens of other left-wing grievance groups jumped on Pickering's nomination with both feet, charging "racial insensitivity."

The Demorats and accomplices have to be from The System in The Turner Diaries.

10 posted on 11/06/2003 7:59:20 AM PST by TYVets ("An armed society is a polite society." - Robert A. Heinlien & me)
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To: .cnI redruM
POLITICAL VICTORY MEMO

FM: Haley Barbour

TO: Ted "Whiskey" Kennedy

RE: Governorship of Mississippi

DT: 11/5/03

Thank you for all your kind assistance in helping me win the Governorship of Mississippi.

GOVERNOR Haley Barbour

11 posted on 11/06/2003 7:59:47 AM PST by Enterprise
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To: .cnI redruM
"Yankee Shorthand" ....Wow! A great phrase which absolutely describes the treatment of the south by the media, power elite, academic institutions, and Hollywood.
12 posted on 11/06/2003 8:03:27 AM PST by blackdog (Five clicks gets you 2600' of bright soft grass in the murkiness of night.)
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To: DallasMike
I personally think "cowboy" is a pretty neat thing to be called, if one must call names!
13 posted on 11/06/2003 8:03:56 AM PST by Sunshine Sister
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To: .cnI redruM
http://congress.org/congressorg/home/
http://www.senate.gov/general/contact_information/senators_cfm.cfm


Contact your congress critter about judges and the memo.
14 posted on 11/06/2003 8:06:15 AM PST by mathluv
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To: .cnI redruM
Sens. Ted Kennedy (D., Mass.), Patrick Leahy (D., Vt.), and Chuck Schumer (D., N.Y.)

The Four Horsesasses Of The Apocalypse.

Oh, I forgot to put the junior senator from New Yarkansas up there.

15 posted on 11/06/2003 8:08:26 AM PST by JesseHousman (Execute Mumia Abu-Jamal)
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To: CodeMonkey
How much more dirt do you need on Kennedy? If he is still being elected after Mary Jo, why would anything matter to those idiots in Mass?
16 posted on 11/06/2003 8:09:12 AM PST by mathluv
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To: .cnI redruM
Did anyone else hear Mort Kondracke (on Brit's show) imply that anyone who supports the Conferate flag is a racist?
17 posted on 11/06/2003 8:11:07 AM PST by mathluv
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To: CodeMonkey
It's time for the FBI to be used for something positive and time to play true hardball with the left.

No Hillary. That's what you do. We don't play that way.

18 posted on 11/06/2003 8:12:03 AM PST by Stentor
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To: squidly
Howard Dean says Southerners should stop voting based on "race, guns, God and gays."
19 posted on 11/06/2003 8:17:29 AM PST by Cooter
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To: mathluv
I am beginning to rethink my frustration with senate republicans and the administration over this issue. I have not been able to understand why they would let this go on without a fight. Now, it is beginning to look like the left is jumping at the chance to demonstrate it's hateful, anti-american, anti-God agenda in full, uninterrupted, view of the voters.

I say, let 'em go. Keep feeding them qualified judges to filibuster, all the way to 60 votes in the 2004 senate.

Oops! Once again, I think our great President has been "misunderstimated". Landslide in '04 !!
20 posted on 11/06/2003 8:18:30 AM PST by prov1813man
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