Commentary: The Secret Plan To Thwart Bush (filibuster all of the appellate court nominees)

crosswalk ^ | Gary Bauer

[TLBSHOW]

Commentary: The Secret Plan To Thwart Bush

Washington is buzzing about a recent Robert Novak column that exposed the secret plan developed by Ted Kennedy to block all of President Bush's appellate court nominees.

The current controversy centers around Miguel Estrada, who is being filibustered to death by Senate liberals. (Editor's note: Find out how you can help by clicking here.)

But the plan is much broader and goes back to a secret meeting that took place on January 30th in the office of Senate Minority Leader Tom Daschle. At that meeting Daschle, Kennedy and six other Judiciary Committee Democrats endorsed a strategy that will result in filibusters against any conservative nominee.

How serious is the situation? George Will asserted on Friday that if allowed to succeed, this tactic would effectively amend the Constitution by requiring a supermajority to approve judicial nominations. It would put Kennedy, Daschle and Clinton in charge of judges, instead of President Bush.

If Iraq will determine the success of the Bush presidency in foreign affairs, the fight over the federal judiciary in the Senate will determine the success of the Bush presidency domestically. The President and Senate Republican leaders cannot afford to "blink" on this one.

George Will put it more starkly on Friday when he wrote, "And if the president does not wage a fierce, protracted and very public fight for his nominee, he will display insufficient seriousness about the oath he swore to defend the Constitution."

Why Are Judges Important?

The President's ability to appoint conservative judges is important because liberal activists are exercising raw political power to remake America in their image by judicial fiat.

Last week, in fact, the 9th Circuit Court of Appeals rejected attempts by the Administration to reconsider the decision banning the Pledge of Allegiance. In a very rare moment, the United States Senate voted unanimously to condemn that ruling.

Yet, nine Democrat senators who live in states under the jurisdiction of the 9th Circuit Court of Appeals are supporting the filibuster against Miguel Estrada!

[HighWheeler]

No one says it is true. THE key word is "effectively".

[Howlin]

He really needs to understand what is required for a Constitutional amendment and not resort to insane scare tactics for attention.

I am constantly amazed that losers like Bauer EVER get any following for their inaccurate beliefs.

[Salvation]

Bumping!

[Trust but Verify]

You are misreading this. What Will is saying is this will set a precedent whereby a super-majority will be needed, which will have the same effect as a constitutional amendment.

[swheats]

This is still about the Democrats defeat in Florida. Talk about sore Losers.

[Bernard Marx]

What Will is saying is this will set a precedent whereby a super-majority will be needed, which will have the same effect as a constitutional amendment.

That concept seems a little difficult for some of the folks on this thread to grasp. Unfortunately, the 'crats grasp it very well indeed.

[InterceptPoint]

Recess appointments are only temporary and last for only a year

OK, so what happens at the end of the year?

It seems to me that after a year on the court, the Estrada record would be clear and the current made up excuse for opposing him would be gone and the Dems would have argue against him based on his 12 month record. That sounds OK to me.

[TaRaRaBoomDeAyGoreLostToday!]

It is beyond politics and payback when bio chem mushroom cloud hits cause the dems are so busy not backing our President and country and leaving N. korea to sit for 2 months. When we coulda rolled in the winter in Iraq , got Saddam and OBL and all his loon followers and been done with it and ready if N. Korea is as big a worry as I believe it is.

[brydic1]

I believe they can not be paid until and unless they are actually confirmed so if they are not confirmed they serve w/o pay and those particular recess appointees can not be resubmitted again. The President at the time of the expiration submits new appointments. If this is correct then I not sure most prospective appointees would want the appointment.

[altair]

Perhaps, but didn't we vilify recess appointments when impeached ex-President Clinton abused them?

[altair]

Impeached ex-President Clinton managed to use for recess appointments for more-or-less permanent appointments that he couldn't get approved through normal channels.

[Mister Baredog]

I'm on it. By the way I like your homepage, that Ann is a conservative WMD

[aristeides]

Exactly. I've been for recess appointments all along, but the RATs' behavior provides the perfect political cover for Bush making a lot of them. Make the RATs pay for their filibuster!

[aristeides]

Recess appointments only last until the end of the session of Congress (thus, nearly two years at this point.) But they can be repeated as many times as the president likes.

[M. Thatcher]

That concept seems a little difficult for some of the folks on this thread to grasp. Unfortunately, the 'crats grasp it very well indeed.

TEARING MY HAIR OUT. What IS with people who CANNOT FREAKING READ?? I'm sorry for shouting, but I DESPISE the fact that some on my own team have not the capacity God gave them to understand such simple and demonstrably true propositions. Bauer, who, yes, is a loser, is correctly quoting George Will, whose statements and analyses are dead-on accurate. THIS IS PRECISELY WHAT THE DEMOCRATS ARE DOING. Don't you people (not you, I mean this nmh ace) pay attention to the freaking NEWS? < / end rant. >

[Reactionary]

Still, a year is better than nothing. And, in the meantime, the Democrats can continue their filibuster.

I think it's an excellent idea.

[Bernard Marx]

Good rant. Sadly, I suspect this is why the 'crats find it pretty easy to roll Pubbies time and time again, like Lucy foola Charlie Brown with the football. A disturbing number of us simply don't understand 'realpolitik.'

[Bernard Marx]

foola = fools

[pankot]

Perhaps it is time for some members of the Senate (and House) to be arrested for undermining the Constitution. (Sedition and Treason)

[AndyJackson]

Actually, I think it is just fine if the Dims filibuster any new court appointments. Given the resulting case backlog, sooner or later the Federal judiciary is going to figure out that they are going to have to start reducing the pile by throwing out on their arse's a lot of frivolous suits. The losers will be the trial attorneys who make a wonderful living filing this BS. Tort reform by necessity would be a good thing.