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Ted Kennedy's Last Stand: He'll Lead Senate Battle Over Court Pick
NewsMax.com ^ | July 5, 2005 | Dave Eberhart

Posted on 07/04/2005 8:02:39 PM PDT by blueberry12

Sen. Edward Kennedy will be the Democrat's point man in their all out attack on President Bush's nominee to the high court.

Though Kennedy no longer holds the chairmanship of the Senate Judiciary Committee, a role he played from 1979 to 1981, he is the most senior ranking Democrat on the august committee. He is also the most virulent among his Democratic colleagues in his opposition to the Bush administration.

The stage has once again been set for him to become the salient force in the looming battle over who will replace a retiring Justice - Sandra Day O'Connor.

Kennedy, who has been in the Senate since 1962 is an old hand at the game and will no doubt outshine the titular head of the Judiciary Committee, Sen. Arlen Specter, R-Penn., at every turn.

People still talk about getting "Borked" when referring to getting a raw deal. But "Borked" should be synonymous with being targeted by Ted Kennedy.

When Robert H. Bork was nominated to the Supreme Court in 1987 by President Ronald Reagan, the Senate Judiciary Committee's confirmation hearings were singularly marked by Kennedy attacking Bork for his conservative judgments on issues like abortion and civil rights:

"Robert Bork's America is a land in which women would be forced into back alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids..."

Supreme Court nominee Bork was not confirmed.

Clarence Thomas got the treatment in 1991 as Bush, Sr.'s nominee to the high court.

With the confirmation hearings already revving hot and heavy over Thomas's conservative stance on issues like affirmative action, the brush fire morphed to a conflagration after a law professor named Anita Hill came forward during the hearings, claiming Thomas had sexually harassed her.

Kennedy was widely attacked as a hypocrite - his own personal life less than sterling - for taking a leading role as a defender of Anita Thomas against accused sexual harasser Clarence Thomas.

Perhaps the apparent hypocrisy backfired. Thomas was confirmed.

Already, Kennedy is sharpening up his rhetoric.

Kennedy's statement Friday: "If the President abuses his power and nominates someone who threatens to roll back the rights and freedoms of the American people, then the American people will insist that we oppose that nominee, and we intend to do so."

On "This Week," Kennedy barked, "If he wants to pick a judge, we want to be able to support him. But if he wants to have a fight about it, then that's going to be the case."

Meanwhile, chairman Specter was benignly warning conservative groups not to prejudge Attorney General Alberto R. Gonzales, whose name continues to be on the lips of those speculating about President Bush's choice of a Supreme Court nominee:

"I don't think the social conservatives ought to prejudge Attorney General Gonzales. Attorney General Gonzales may not even be in the picture," intoned Specter.

Kennedy, who rang in the Fourth of July with a starburst article called "Let the Senate Advise!" in the Washington Post, has his virtual office-style official Web site festooned with judiciary stuff. By contrast, there's not a byte on the Specter site remotely akin to the brewing firestorm.

Some weeks ago, the so-called "Gang of 14" Republican and Democratic senators struck a filibuster compromise deal to avoid the ominous "nuclear option" of freezing the filibuster with a rule change. The deal allowed votes for a handful of pro-life appeals court nominees that had been blocked by filibusters - in exchange for promises not to support changing Senate rules to prevent filibusters on judges.

As part and parcel of the compromise, members agreed that a filibuster would only be used on future judges, including Supreme Court nominees, in "extraordinary circumstances."

What the particular definition of "extraordinary" is remains subject to interpretation.

Enter Sen. Kennedy.

Pundits suggest that Kennedy's fire on the subject - even now in the days and weeks before a real live Bush nominee is even disclosed - is setting up an environment that can more readily be elevated to "extraordinary."

Indeed, Kennedy is the pro forma head of a segment of the Senate that promises they will filibuster President Bush's pick to replace pro-abortion Supreme Court justice Sandra Day O'Connor - if the nominee is too conservative.

If just being too conservative doesn't ring of exigency, it can, with a little spin. "Can we imagine what this country would be like today if Judge Bork had gone onto the Supreme Court?" Kennedy asks rhetorically.

When Senate Majority Leader Bill Frist, R-Tenn., recently addressed the volatile subject of judges and omitted a demand for real down-and-dirty Senate-White House consultations, Kennedy took the lead in the chastisement department.

"Under the Constitution and the Senate Rules, every Senator's hands are on the oars of this vessel. If a substantial number of us are rowing in the opposite direction from the Majority Leader, we will not make much progress. But if there is a consensus as to where we want to go, we can get there directly and quickly.

"The 14 Senators who reached the landmark bipartisan compromise in the nuclear option debate made a pledge to one another and a plea to the President that the advice function must not be given short shrift, and that serious consultation with the Senate in the nomination process is the key to a successful confirmation process."

But all has not been fire and brimstone from Sen. Kennedy, who at one point seemed to be arguing simply for a little business as usual. "A few of us who have been here in the Senate for all of the confirmations of the current nine justices know that most of them were consensus choices.

"Seven of them - including all six whom the right-wing wants to impeach - were confirmed with such strong bipartisan support that no more than nine Senators voted against them, and, of those, four received unanimous Senate support."

Whatever hopes Sen. Kennedy entertains about consultation and consensus choices was flavored by remark made in yet another of the flurry of press releases flowing from the Kennedy camp. In this case he charges the opposition with girding their loins - knowing full well that the nominee is going to be a bombshell.

"White House officials made time to meet, with prominent outside allies on the right, who are so sure that the President will nominate a non-consensus candidate, that they have put an $18 million war-chest in place to defend that nominee. Their advice to the President was clear - they would consent to and support any right-wing judge he selects for the High Court. No wonder he likes to get their advice and consent!"

Kennedy has put his own colleagues on notice of just how seriously he takes the process. When a senator argued in print that "Senate practice and even the Constitution contemplate deference to the president and a presumption in favor of confirmation," the Massachusetts lawmaker shot out yet another press release.

"That's not what the Constitution says. Since the days of George Washington - whose nomination of a Justice was denied consent by the Senate of that day, there has been no 'presumption in favor of confirmation' of lifetime judicial appointees. In general, many of us do give some deference to a President's nominees to the Executive Branch, since they are not lifetime appointments. But even there, if the President overreaches, we act to fulfill our constitutional responsibility."

Giving a hint at the grisly nature of the potential conflict, Kennedy offered this colorful metaphor. "Like sausage and legislation, the confirmation or rejection of a Supreme Court nomination is not always something pleasant to watch or be part of. The course is set by the President. If the President submits an 'in your face' nomination to flaunt his power, it takes time and effort and sweat and tears before the truth about the candidate is fully discovered and explained to the public and voted on."

The 72-year-old senator has long ago abandoned any dreams of Camelot and has little to loose as he stands front and center. Other political stars, who still harbor presidential ambitions, such as Sen. Joe Biden, D-Del., and Sen. John Kerry, D-Mass., have been more or less content to wait it out - letting the other side at least fire the first shot with that feared 'in your face' nominee.

Far from being content with a waiting game, Kennedy looks forward to yet the next phase of battle - when Chief Justice William Rehnquist retires. Kennedy is on record saying that Antonin Scalia and Clarence Thomas "would be completely troublesome" as nominees to replace the ailing Rehnquist.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Politics/Elections
KEYWORDS: 109th; dirtyrats; drunkenrats; filibuster; killerrats; limousineliberals; nuclearoption; obstructionistrats; rats; scotus; senaterats; supremecourt; tedkennedy; thechappaquiddickkid
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To: muawiyah

I was just wondering why this bloated pig hasn't succumed to consumption?


81 posted on 07/05/2005 4:21:48 AM PDT by Joe Boucher (An enemy of Islam)
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To: stumpy

OUCH!


82 posted on 07/05/2005 5:44:59 AM PDT by bitt ('We will all soon reap what the ignorant are now sowing.' Victor Davis Hanson)
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To: stumpy

the appointee could just answer every question put to him by Teddy:

"When I returned, Mary Jo and the car were gone". lol.


83 posted on 07/05/2005 5:47:56 AM PDT by bitt ('We will all soon reap what the ignorant are now sowing.' Victor Davis Hanson)
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To: Paul Atreides

"Where's my doctor?!"


84 posted on 07/05/2005 5:50:07 AM PDT by Uncle Vlad
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To: TheGeezer
how many will remember the reason Harkonnen required his anti-grav apparatus

"Remember" is a wrong word in this context -- the real reason was only disclosed in the "prequel" series... he was intentionally infected with a venerial disease by Reverend Mother Mohiam while the Baron was sexually assulting her. The uncurable disease caused him to become bloated and physically weak, to the point he could no longer walk without assistance.

85 posted on 07/05/2005 5:57:49 AM PDT by kevkrom (“It’s good to remember whom people turn to when they’re desperate — and it ain’t Kofi Annan.”)
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To: Proud_texan

"Put the pick in there, Pete, and turn it 'round....real neat."


86 posted on 07/05/2005 7:39:34 AM PDT by Paul Atreides (The Democrats have the right mascot; everyone knows what comes out of an ass)
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To: blueberry12
I'd like to see some of these groups that are going after certain "potential" nominees spend some of their time going after Kennedy and the events surrounding Chappaquidick. Nobody has put a glove on him in the mainstream and it's time we did.

I can't imagine him being a sympathetic figure regarding chappaquidick......he's a creepy vile pathetic man.

87 posted on 07/05/2005 7:46:24 AM PDT by 1Old Pro
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To: Beelzebubba

In addition to bad grammar, they also wrote "little to loose", when they clearly meant "lose". I know this is a running gag on FR, but I expect publications to get it right.


88 posted on 07/05/2005 8:09:23 AM PDT by LexBaird (tyrannosaurus Lex, unapologetic carnivore)
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To: Trajan88; Clemenza
I saw the Dune flick a few times... very bizarre... guess I should have read the books.

The movie sux. The SciFi Channel miniseries wasn't bad. The books are far superior.

89 posted on 07/05/2005 8:16:41 AM PDT by LexBaird (tyrannosaurus Lex, unapologetic carnivore)
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To: devolve

May Kennedy's Last Stand be as successful as Custer's last stand and as painful for Killer Kennedy.


90 posted on 07/05/2005 9:14:54 AM PDT by Grampa Dave (The MSM has been a WMD, Weapon of Mass Disinformation for the Rats for at least 5 decades.)
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To: Smartass

Yes. ...Indeed.


91 posted on 07/05/2005 2:24:55 PM PDT by Seadog Bytes (“The people never give up their liberties but under some delusion.”—Edmund Burke)
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To: Bratch

92 posted on 07/05/2005 2:33:23 PM PDT by Seadog Bytes (“The people never give up their liberties but under some delusion.”—Edmund Burke)
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To: blueberry12

It occurred to me that Senator Kennedy could solve the energy problem for the Community of Woeisus MA that recently severed its electric and telephone lines. The Senator, if shot through his Cirrotic liver and then rendered, could provide enough oil to light the village lamps for 6 months.

During a hearing he needs to be publicly reminded he is a murdering coward who left a girl to drown. He is not fit to serve, much less to sit in judgement.


93 posted on 07/05/2005 2:39:12 PM PDT by bert ( "Market forces, not political majorities, will compel societies to reconfigure themselves in ways t)
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To: Bobibutu
"Sigh. On behalf of Massachusetts residents, I apologize for our sad and sorry contributions to the Senate."

Same here from CA. And from all of us in Illinois!

94 posted on 07/05/2005 3:13:33 PM PDT by SERKIT ("Blazing Saddles" explains it all.....)
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To: Bring Back Old Sparky; ConservativeMan55; 68-69TonkinGulfYachtClub; JulieRNR21; Cindy; Smartass; ...
(RE: Kennedy) "More irony: he sits in judgment of judges when he was thrown out of Harvard Law for cheating." --Bring Back Old Sparky

...BUMP!!!  

Looks like the old Massachusetts mud-slinger is already warming up for the main event.   Will the 'pubbies (...Please!!!) just get on with the people's mission to get a strict-constructionist on the U.S. Supreme Court, and ignore the ravings of this madman, instead of again attempting to 'appease' him...???

   
click for more

(Please FReepmail if you want on, or off, this list. I certainly have no desire to increase anyone’s stress-level. Thanks!!!)

95 posted on 07/05/2005 4:16:14 PM PDT by Seadog Bytes (“The people never give up their liberties but under some delusion.”—Edmund Burke)
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To: blueberry12
"White House officials made time to meet[,] with prominent outside allies on the right[,] who are so sure that the President will nominate a non-consensus candidate[,] that they have put an $18 million war-chest in place to defend that nominee.

Okay, here come the comma police. Did Kennedy punctuate this himself while in his cups, or was his staff educated at the public skrewels. If you don't know where commas go, just throw them in every conceivable place, and maybe you will get one right. LOL.

96 posted on 07/05/2005 4:29:25 PM PDT by Bahbah (Something wicked this way comes)
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To: Seadog Bytes

good one, seadog!


97 posted on 07/05/2005 4:29:32 PM PDT by bitt ('We will all soon reap what the ignorant are now sowing.' Victor Davis Hanson)
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To: muawiyah
not a moment too soon
98 posted on 07/05/2005 4:34:08 PM PDT by pointsal
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To: bitt; Bring Back Old Sparky

Thanks, but the credit on this one
goes to 'Bring Back Old Sparky'...!


99 posted on 07/05/2005 5:04:25 PM PDT by Seadog Bytes (“The people never give up their liberties but under some delusion.”—Edmund Burke)
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To: blueberry12

His last stand? i though he spends most of the time under the table, DRUNK.


100 posted on 07/05/2005 5:07:13 PM PDT by chiefqc
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