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To: Rockingham
Clarence Thomas is a case in point. Reid and his ilk are correct to fear him as the more effective choice for Chief Justice than any of the alternatives: Thomas sometimes gets it right when even Scalia and Rhenquist misfire. If one has any doubt about this, take a look at the 1995 First Amendment case of McIntyre v. Ohio Elections Commission.

I think you've hit upon something that all the network pundits, and even most Freepers are missing. Reid and the Dems are not slandering Justice Thomas because they're genuinely contemptuous of him, they're doing it because they fear him. Even Britt Hume and his panel can't seem to grasp this. Yesterday they were all in accord that Bush should not waste political capital by nominating Thomas since it wouldn't change the ideological orientation of the court. Their reasoning was that Reid was sending a clear signal that Scalia was "acceptable" but they would raise a stink over Thomas. Therefore Bush should save his political capital for a later nomination.

There is, however, another possible scenario in the making here. My personal assessment of Reid is that he's a nasty piece of work disguised as a mild-mannered milquetoast, but he's not stupid. Despite their public utterances, he and the other Dems know that their stonewall on judges was a significant factor in the recent election and that people are tired of it. Therefore, they ARE going to have to make some concessions in order to keep public opinion from turning against them.

Thus, the crucial question becomes "What is the least expensive, painful or damaging concession or compromise we can make?" that will satisfy public opinion and take the heat off of them. If they can induce President Bush to nominate Scalia as Chief Justice, they can spend a few weeks pretending to grill him on stupid inconsequentialities such as his hunting trip with Dick Cheney, and then, with great media fanfare and plaudits for their bi-partisan statesmanship, let him slide on in.

When the next nomination occurs, however, one which would actually change the balance of power on the court, they would be able to dig in and fight tooth and nail, all the while demanding that since they generously "compromised" and gave Bush his man it's now time for him to compromise and present a nominee more to their liking. After all, it's only fair! And of course, the media would be doing their part!

To sum it up, I believe Reid and the Dems are attempting to set a trap for President Bush on judicial nominees.

143 posted on 12/08/2004 8:13:29 PM PST by tarheelswamprat (Negotiations are the heroin of Westerners addicted to self-delusion.)
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To: tarheelswamprat
I think you are dead on. The Democrats correctly fear Thomas as a potentially transformational Chief Justice and as public proof that Republicans are genuinely open to advancing Black Americans into every office and position of trust based on their abilities. Of course, as Coulter points out, the Democrats cannot help being who they are and so smear Thomas with a racial stereotype.

Can you imagine the lawsuit if a corporate CEO was caught on tape saying, "Hey, the choice for the promotion is between a Black and a White of equivalent backgrounds. So we should pick the White because we are safe in assuming that the Black cannot write worth a damn." Reid is one nasty piece of work.
156 posted on 12/08/2004 10:02:03 PM PST by Rockingham
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