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LIVE THREAD: Estrada Filibuster DAY 2
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| February 13, 2003
Posted on 02/13/2003 7:55:05 AM PST by Howlin
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From
an OP-ED by Adam White in the current
Harvard Law Review Record:
Students seek admission to Harvard Law School for a variety of reasons among them, the opportunity to share in the intellectual heritage of those who came before us. From Holmes and Hand to Scalia and Dinh, its the chance to share that aura that encourages us to shell out the big bucks. In that spirit, however, Sen. Charles Schumer 74 owes us all a rebate.
Im not foolhardy enough to pretend that our judiciary is untainted by politicking judges endure Senate scrutiny by Constitutional design. Likewise, Im not one to draw a bright line between the substance of law and politics my legal realist tendencies were present before I enrolled in this (Duncan) Kennedy School of Government.
But as a realist, I consider myself sufficiently attuned to reality to see through the charade of a Senator whos spent months keeping Bush nominee Miguel Estrada 86 away from a seat on the D.C. Circuit for reasons having nothing to do with legal excellence.
Schumer promised better. When the President lessened the role of the A.B.A. in vetting nominations, Schumer cried foul: The A.B.A. evaluation is the gold standard by which judicial candidates are judged, he wrote. Yet he attempted to squash in committee a nominee who received the highest rating of the A.B.A. Who says the value of gold has increased this year?
Schumer called the White House change a signal that, instead of quality, they are looking for ideology. But in last weeks Senate debate, Schumer cited his three criteria for judges: legal excellence, diversity and political moderation. In the same breath, he credited Estrada for fulfilling the first two standards; his sole grievance was alleged Estrada rightism. He labeled Estrada a threat who would approve the administrations environmental rollbacks, a friend of Big Business and generally unfriendly to DNC policy preferences.
He criticized Estrada for refusing to answer questions in a September committee hearing. While Estrada refused to take the bait in a room filled with more litmus than a chemistry set, he vigorously answered the most important question:
Sen. Grassley: What would you do if you believed the Supreme Court
had seriously erred in rendering a decision? Would you nevertheless apply that decision
.?
Estrada: My duty as a judge and my inclination as a person and as a lawyer of integrity would be to follow the orders of the higher court.
Thus, an exemplar of (according to his arch-nemesis) legal excellence and diversity pledging to obey stare decisis remained hostage to a Senator who publicly warned of the dangers of ideology.
681
posted on
02/13/2003 11:34:00 AM PST
by
justshe
(Eliminate Freepathons! Become a monthly donor. Only YOU can prevent Freepathons!)
To: Mo1
he wants to pass gas..
682
posted on
02/13/2003 11:34:33 AM PST
by
ken5050
To: WOSG
MurryMom should have been the 666th post. LOL!!!
To: Carolinamom
Saxby Chambliss, our new Georgian Senator, is a soft-spoken, yet forceful man. He has stepped up to the plate for Miguel, Orrin, and the GOP.
684
posted on
02/13/2003 11:36:20 AM PST
by
Ragtime Cowgirl
("This nomination in no way deserves a filibuster." - Washington Post)
To: aristeides
Because two Republican senators cannot be there for personal reasons,
OH BUT OF COURSE THE GOP WON'T PUT PRIORITIES WHERE THEY SHOULD BE......
I want to know which 2 and why?
685
posted on
02/13/2003 11:36:35 AM PST
by
TLBSHOW
(God Speed as Angels trending upward dare to fly Tribute to the Risk Takers)
To: mrsmith
"What a partisan joke Leahy is."
The Republicans should take these statements
and shove them right in his face. He is one of,
if not the most, biggest hypocrites in the history
of the Senate. He makes me want to throw up!!!
To: TLBSHOW
I believe I heard that one Republican senator's wife is having surgery but am not positive of that. No idea who it is.
To: Ragtime Cowgirl
You are blessed with Chambliss. Our state has that ken doll, Edwards. I want to see Liddy Dole grow fangs. Meanwhile, we here in NC are working hard to do Edwards out of his senate job as well as bombing his pres. ambitions.
To: Ragtime Cowgirl
He spoke about how Estrada came from Hondorus at age 5, not able to speak English yet.
Yet this man got a law degree, worked for Solicitor General, argued 15 cases before the Supreme Court and Diane Barbara Boxer-Feinstein complained this morning that he has not written anything of substance in law journals.
689
posted on
02/13/2003 11:39:41 AM PST
by
3catsanadog
(When anything goes, everything will.)
To: woodyinscc
Just remember that the Dems also thought that the Wellstone memorial service was gonna be a wonderful thing....they still have egg on their faces, and a Senate minority, because of how out-of-touch with reality they are.....this will prove more of the same...
690
posted on
02/13/2003 11:40:28 AM PST
by
ken5050
To: TaRaRaBoomDeAyGoreLostToday!
LOL!
691
posted on
02/13/2003 11:43:10 AM PST
by
CWW
To: Mo1
Well, I missed it......did he say ANYTHING -- and will it be damaging to him?
692
posted on
02/13/2003 11:43:29 AM PST
by
Howlin
(It's yet ANOTHER good day to be a Republican!)
To: CWW
I'm glad that you're here and that you're a Freeper. I hope you will convey to Mr. Estrada that there are thousands of ordinary people (Freepers) all across this country who are praying for him and who want to see him confirmed.
As you know, we have been phoning and e-mailing our senators on his behalf. We are outraged at the reprehensible tactics being used by the vicious Democrats.
If our Republican senators can maintain their courageous stance against the Dem onslaught, I believe we will prevail.
To: GOPrincess
Former Marine on Rush now who voted for Gore but is very ashamed he did, is very proud of President Bush and mentioned the number of hispanics in the military who will be outraged at what the Dems. are doing to Miguel.
That's 3 calls today from hispanics who are now leaving the Dem. plantation...and you know the Dem. leaders are monitoring Rush. Rush said that the call screener is being overrun with similar type calls.
That the Dems. would dis their loyal American base shows the influence ($$$) of the Commie-socialists on today's DNC, imho.
694
posted on
02/13/2003 11:44:33 AM PST
by
Ragtime Cowgirl
("This nomination in no way deserves a filibuster." - Washington Post)
To: Ragtime Cowgirl
I'm noticing that most of the Dims have "yellow" ties on today......A statement of solidarity with France or something?
To: woodyinscc
Count is up to 4 Hispanic callers now to Rush Limbaugh -- all said they had been Democratic voters (and don't seem to be faking it) but will not vote that way any longer and all are absolutly livid about what is being done to Estrada -- last guy served in the military and said there are a lot of Hispanics serving and they all LOVE President Bush
696
posted on
02/13/2003 11:46:13 AM PST
by
twyn1
(God Bless America !)
To: 3catsanadog
Sen. Tim Johnson calling Miguel the first "secret" judge. Gee, what secrets would you like the Dems. to share with America?
"Under Sen. Daschle's leadership, Democrats have a remarkable record of approving President Bush's judicial nominees."
Is there any reason to listen to another word from this man?
697
posted on
02/13/2003 11:47:03 AM PST
by
Ragtime Cowgirl
("This nomination in no way deserves a filibuster." - Washington Post)
To: Howlin
I am so thrilled that these racist and bigoted liberals are doing this. They're exposing their shame to the whole nation.
To: Ragtime Cowgirl
"Saxby Chambliss, our new Georgian Senator, is a soft-spoken, yet forceful man. He has stepped up to the plate for Miguel, Orrin, and the GOP."
He will do very well for our side. He is class
personified!!
To: aristeides
Senator Orin Hatch, chairman of the Senate judiciary committee said today that Republicans would keep talking until hell freezes overThank you for the info! Go, Sen. Hatch. (^:
700
posted on
02/13/2003 11:49:05 AM PST
by
Ragtime Cowgirl
("This nomination in no way deserves a filibuster." - Washington Post)
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