Posted on 04/28/2003 11:39:39 AM PDT by Stand Watch Listen
I am about to take a position that will make me a heretic in the conservative movement. My heresy this time relates not to a person but to an issue: judicial nominations.
I think federal judges are the most important legacy an administration can leave. They can outlast the presidency by a generation. Everything else a president does can be rescinded or repealed by his successor. Bill Clinton, with the stroke of a pen, rescinded the so-called Mexico City policy that had started during the presidency of Ronald Reagan and continued through the administration of George Herbert Walker Bush.
If Senators Ted Kennedy (D-MA) and Tom Daschle (D-SD) succeed in blocking the best of President Bush's federal judges, they will have deprived this administration of its most important legacy. To be honest about it, President Bush's nominees for the federal bench have been better than either those nominated by Reagan or his father. They are extraordinary. If Bush can fill all the vacancies in the federal court system, even if he should be denied a second term, then he will have made the greatest contribution a president can make.
To accomplish that, the current obstructionist tactics employed by the Senate liberals must be soundly thwarted. Right now a filibuster is being conducted against a nominee for the federal courts of appeals, and it appears a second one is being contemplated against another highly qualified nominee. At the same time, the liberals are applying a religious test against a district court nominee.
The only way a filibuster will be broken is if President Bush targets those Senators most likely to switch on cloture. He would then visit their states and single them out. Many of these Senators come from small states. A presidential visit would receive two full days of coverage. The grassroots could then follow up and really turn the heat on.
In addition, when that swing is completed, Senate Majority Leader Bill Frist (R-TN) could then conduct a real filibuster, keeping the Senate in session around the clock. That would highlight to the American people just what the liberals are doing to Bush's outstanding judicial nominees.
There is a high probability that enough Democrats, especially those up for re-election next year, would defect from their leadership's line on a vote for cloture, permitting an up or down vote on the nominees. The odds would then be very high that all three nominees would be confirmed.
So far so good. Now comes my heresy. Right now the President and his cabinet are out pitching his tax cuts. It is a tough sell. Most Americans do not believe we should have more tax cuts at this time. It is unlikely the president will win this battle.
Make no mistake about it. I favor the President's original growth package. I want to see Congress enact it. But with the promise made by Finance Committee Chairman Sen. Chuck Grassley (R-Iowa) to Senator Olympia Snowe (R-ME) and Senator George Voinovich (R-OH) that no tax cuts higher than the $350 billion approved by the Senate would be permitted in a Conference Committee bill, it is going to be pretty tough to bring these folks back on the reservation.
The President can't handle two such issues at the same time. While I am all for his tax cuts and believe they are important to jump start the economy, I think the probability is low that the President will win this battle. On the other hand, if President Bush goes all out and makes the case against the obstructionism that is going on in the U.S. Senate, I think the probability is high that he can win that case.
I know for much of the conservative movement tax cuts are the highest priority there is. My heresy comes into play because I am suggesting that federal judges are a higher priority than tax cuts.
We can probably live with $350 billion in tax cuts, especially if the President pushes hard for his energy bill, which would also help to jump-start the economy.
We can't live with Ted Kennedy and Tom Daschle keeping the best of Bush's judicial nominees off of the bench.
In my view, the White House needs to scrap its tax cut crusade immediately in favor of a crusade to get enough Senators to vote for cloture so that his judicial nominees can be confirmed. The federal judiciary affects every issue any of us is interested in.
The war in Iraq may not be Bush's lasting legacy. We don't know how many weapons of mass destruction will be found. Moreover, if democracy brings fundamentalist Muslims to power, we will end up with something worse than what we had before the war.
I am not suggesting that things will necessarily turn out bad. I am suggesting it is a possibility. On the other hand, President Bush's superb nominees for federal judgeships -- if they are confirmed -- will be on the federal bench for 20, even 30 years. That is a legacy worth fighting for.
(Paul M. Weyrich is chairman and CEO of the Free Congress Foundation.)
Free Congress Foundation
The Constitution Be Damned - Democrats try to impose a religious test on judges
Source: WSJ OpinionJournal.com; Published: April 22, 2003; Author: BRENDAN MINITERThe Democrats Big Plan
Source: National Review; Published: April 3, 2003; Author: Byron YorkFilibuster Si, Estrada No!
Source: Weekly Standard; Published: March 17, 2003; Author: Major GarrettTalking Nonsense - The Senate Filibuster
Source: BreakPoint with Charles Colson; Published: March 13, 2003; Author: Mark EarleyEstrada & the Dream
Source: National Review Online; Published: March 12, 2003; Author: René FonsecaPresident Calls for Action on Judicial Nominations
Source: White House Office of the Press Secretary Published: , March 11, 2003.Miguel Estrada: The President Must Take His Case To The People
Source: CNSNews; Published: March 11, 2003; Author: Paul M. WeyrichLeft-Wing Democrat U.S. Senators Thwarting The Will Of 'We The People'
Source: Toogood Reports; Published: March 10, 2003; author: Wallace HonleyEstrada and the future of the judiciary
Source: Washington Times; Published: March 10, 2003; Author: Nat HentoffSupermajority Rules?: Why the Estrada filibuster is unconstitutional
Source: Wall Street Journal; Published: , March 8, 2003; Author: Douglas W. KmiecBarbara Stanley: Hillary Barks Her Marching Orders To Democrats: Bork Miguel Estrada!
Source: Toogood Published: March 7, 2003: Author: Barbara StanleyDems: We Dont Really Want Answers from Estrada.
Source: National Review; Published: March 4, 2003; Author: Byron YorkThe Minority Democrats' War In The Senate For Control Of America
Source: Toogood Reports; Published: Febraury 28, 2003; Author: Mary MostertSenate Democrats: Filibusters Are No Longer Just For The Floor
Source: CNSNews.com; Published: February 28, 2003; Author: John NowackiSenator Leahy's Comments on Senate Floor against Estrada (26 Feb 2003) (Revised)
Source: The Congressional Record (New Search required each time); Published: 27 Feb 2003; Author: | Sen Patrick Leahy (D-VT)Ted Kennedy's Grand Design
Source: CNSNews.com; Published: February 27, 2003; Author: Robert D. NovakLinda Chavez: Republicans Need To Call Dems' Bluff On Estrada Nomination
Source: CNSNES.com; Published: February 26, 2003; Author Linda ChavezSenate Democrats Can't Get Their Facts Straight
Source: CNSNews.com ; Published: February 14, 2003; Author: John NowackiEstrada: Now Its War
Source: National Review Online; Published: February 12, 2003; Author: Byron YorkLeahys Surprise Attack
Source: National Review Online; Published: October 9, 2002; Author: Byron YorkShedded by Judiciary: Senate Democrats cast off another appointee
Source: Wall St Journal; Published: October 9, 2002Miguel Estrada May be Next Victim Of Judiciary's 'Gang Of Ten'
Source: CNSNews.com; Published: September 09, 2002; Author: Paul M. WeyrichToward Priscilla Owen, Not Even The Pretense Of Fairness
Source: CNSNews.com; Published: August 01, 2002; Author: John NowackiThe Owen Nomination: Liberals Don't Let Truth Stand In Their Way
Source: CNSNews.com; Published: July 18, 2002; Author: John NowackiDemocrats Hold Judicial Nominations for 406 Days and Counting
Source: CNSNEWS.com; Published: June 21, 2002; Author: Christine HallJudge The Senate Judiciary Committee Not By What It Says, But What It Has Done
Source: CNSNews.com; Published: | June 06, 2002; Author: John NowackiThe Left Keeps Trying -- And Failing -- To Smear Brooks Smith
Source: CNSNews.com; Published: May 16, 2002; Author: John NowackiPickering Battle Places Congress on Verge of 'Institutional Crisis'
Source: CNSNews.com; Published: March 07, 2002; Author: Jeff JohnsonMake them pay for 'Borking': David Limbaugh rebukes spineless Republicans to support Pickering
Source: WorldNetDaily.com; Published: March 5, 2002; Author: David LimbaughThe GOP's Post-Pickering Strategy
Source: National Review Online; Published: March 1, 2002; Author: Byron YorkPickering Fight Shows Liberals At Their Worst
Source: Roll Call.com; Publblished: February 21, 2002; Author: Mort KondrackeStill Pestering Pickering
Source: CNSNews.com; Published: February 19, 2002; Author: John NowackiDismantling Democracy through Judicial Activism
Source: CNSNews.com; Published: February 12, 2002; Author:Tom Jipping'A Troubling Pattern': Ideology Over Truth In Judicial Confirmations
Source: Too Good Reports; Published: February 10, 2002; Author: Paul E. ScatesDemocrats Blast Bush Judicial Nominee
Source: CNSNEWS.com; Published: February 08, 2002; Susan JonesThe Next Big Fight: The first major judicial-confirmation battle of the Bush administration.
Source: National Review: Published: Feburary 6, 2002; Author:Byron YorkSYMPOSIUM Q: Should the Senate Take Ideology into Account in Judicial Confirmations
Source: INSIGHT magazine; Published: February 4, 2002;
Authors:
Ralph G. Neas -- YES: The ideology of nominees for the federal judiciary matters more now than ever
Roger Pilon -- NO: Since judges apply law, not make it, the Senate's concern should be with judicial temperamentWhat is the Judiciary Committee Trying to Hide?
Source: CNSNews.com; Published: January 29, 2002; Author: Thomas L. JippingBlasting Conservative Judges: Liberals Launch Their Campaign
Source: cnsnews.com; Published: January 24 2002; Author: Matt PyeattJudicial Confirmation Lies, Deception and Cover-up
Source: CNSNews.com; Published: December 11, 2001; Author: Thomas L. JippingSenator Leahy Does Not Meet His Own Standards
Source:.cnsnews.com; Published: December 07, 2001; Author: By John NowackiSenator Daschle Must Remove 'Leaky Leahy' From Judiciary Committee
Source: Too Good Reports; Published: December 4, 2001; Author: Rev. Louis P. SheldonA Disgraceful Blocking of Nominees
Source: The Wall Street Journal (ltr to ed) Published: December 3, 2001Mr. Leahy's Fuzzy Math
Source: Washington Times;Published: December 3, 2001; Author: EditorialSen. Patrick Leahy; Our Constitutional Conscience?
Source: Too Good Reports; Published: December 2, 2001; Author: Paul E. ScatesJudicial confirmations called significantly low
Source: Washington Times; Published: November 30, 2001; Author: Audrey HudsonPatrick Leahy - Words Do Kill
Source: PipeBombNews.com; Published: November 29, 2001; Author: William A. MayerJudicial Profiling
Source: The Wall Street Journal; Published: November 27, 2001Sen. Leahy's judicial hostages
Source: Washington Times; Published: November 21, 2001Judges Delayed is Justice Denied
Source: CNSNews.com ; Published: November 20, 2001; Author: Thomas L. JippingPartisanship is Prevalent with Leahy's Judicial Confirmations
Source: CNSNews.com; Published: November 15, 2001; Author: John NowackiLeahy And Daschle Are Coming Face To Face With Their Own Words
Obedient Democrats
Source: CNSNEWS.com; Published October 26, 2001; Author: Thomas L. JippingWhy is Daschle Blocking Judges needed to Try Terrorists when we Catch them?
Source: Banner of Liberty; Published: October 26, 2001; Author: Mary MostertPat Leahy's Passive Aggressive Game
Source: CNSNews.com; Published: October 25, 2001; Author: John NowackiOperation Obstruct Justice
Source: Washington Times; Published: October 25, 2001; Author: T.L.JippingDaschle wins struggle over judicial nominations
Source: The Washington Times; Published: Oct 24, 2001; Author: Dave BoyerLeahy doctrine ensures judicial gridlock
Source: Washington Times; Published October 22, 2001Senate's judicial powergrab: Tom Jipping tracks Dems' assault on courts
Source: WorldNetDaily.com; Published: June 28, 2001; Author: Tom JippingDems Will Shut Down Judicial Confirmations
Source: CNSNews.com Commentary from the Free Congress Foundation; Published: June 13, 2001; Author: Thomas L. Jipping
Thanks for the heads-up on this article...appreciate it. Now have it in my judiciary complilation.Dems to Miguel Estrada: Youre Not Hispanic Enough
Source: National Review; Published; February 6, 2003, Author: Byron York
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.