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May 04, 2006
The Next Judicial Battle?

We've been rather busy with a lot of things, but the appointment of judges continues to go forward...and thus the judicial battle continues, as Opinion Journal notes:

It's merely taken three years, but Brett Kavanaugh's nomination to the D.C. Circuit Court of Appeals is scheduled to come for a vote before the Senate Judiciary Committee today. Democrats are likely to oppose him in lock-step, and some on the left are urging them to use the F-word.

Anything is possible, but it's hard to believe Democrats are nuts enough to launch a judicial filibuster in the middle of an election year with a GOP President so low in the polls. Talk about a get-out-the-vote gift for Republicans. Then again, no one ever got rich overestimating the intelligence of the political class.

They go on to say that Kavanaugh is radioactive to the left - and small wonder: he worked on Ken Starr's investigation, the 2000 recount in Florida, pro-bono for Elian Gonzalez and worked for President Bush in the White House. For our lefties, Kavanaugh is just about the personification of Satan, as leftwing comment such as this indicates:

The PFAW report documents that Kavanaugh’s legal career has been almost entirely devoted to right-wing partisan and ideological pursuits that raise deeply troubling questions about the impact he could have on Americans’ rights and freedoms as an appeals court judge.

I don't recall PFAW opposing Ginsburg way back when due to her legal career being almost entirely devoted to leftwing partisan and ideological pursuits...but, then again, what PFAW, and other liberal/left groups, want is judges who will pursue leftwing ideology.

As Opinion Journal notes, it would be mighty stupid of the left to pick a fight over Kavanaugh - it would just rally the GOP base and remind everyone why we voted for President Bush and a GOP Senate. This is not something Democrats want on GOPer minds going into November. So, with a smart Democratic Party, Kavanaugh would be a slam dunk...trouble is, I can't actually recall the last time the Democrats did anything smart...

UPDATE: John Cornyn release statement on Kavanaugh's new hearing.

"I predict that a second hearing on Brett Kavanaugh's nomination will accomplish two things: it will give the nominee a chance to further display his outstanding legal and academic credentials, and quiet the unwarranted criticism of the process, focusing the debate on the nomination's merits. That debate overwhelmingly favors confirmation.

"However, I don't believe the call for yet another hearing is serious; I don't believe it will change any minds. And it's difficult to take these calls for more debate seriously when the nomination has been pending before the Senate for three years and critics still don't know the basic facts.

"Unfortunately, from all indications, the Democrats are preparing for a battle reminiscent of the undignified and unwarranted attacks on Justice Alito. We won that battle and we're ready to fight and win this one."


Posted by Mark Noonan at May 4, 2006 09:44 AM



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Comments

Why didn't Harriet Meirs get an "up or down" vote? Can't blame that one on the Democrats, can we now?

Posted by: Chris Williams at May 4, 2006 10:27 AM

why didn't she get an up-or-down vote? She withdrew her name from consideration. Don't try to act all high and mighty over up-or-down votes by bringing up Miers...

Posted by: KCJ at May 4, 2006 10:44 AM

Looks like the economic data is pointing to a revised GDP growth of over 5% for the first quarter. Second quarter GDP projection should also be quite strong - 4.5% to 5% are the projections. Factor orders, ISM Services Index, and retail sales were quite strong. Oil prices are down nearly four dollars, so gas prices should decline.

Demorats can't run on this issue in November.

Also, I wonder if one of the Supreme Court Justices will retire in September, sparking a court fight with the Demorats.

Posted by: Tina at May 4, 2006 11:13 AM

Tina,

We can dream - that would be the magic elixir for ten additional GOP House seats...

Posted by: Mark Noonan [TypeKey Profile Page] at May 4, 2006 12:48 PM

"She withdrew her name from consideration."

Now who's acting all high and mighty?

Posted by: Chris Williams at May 4, 2006 01:51 PM

I hope that the Dems try to filibuster. That in the middle of an election cycle, in the heat of the summer, would be sweeeet...

It will show to anyone who might not have already realized it, just what their agenda is all about... nothing but obstruction...

And I similarly hope that the Reps will grow a set of gonads and nuke 'em in the process!

(Betting on the former. Not holding my breath on the latter.)

Posted by: dbogdan [TypeKey Profile Page] at May 4, 2006 03:09 PM

I hope that the Dems try to filibuster. That in the middle of an election cycle, in the heat of the summer, would be sweeeet...

This is exactly why these judges, most of whom were already lost causes (some have been turned down twice already), are being introduced now.

The Bush administration and Republican leadership are desperately trying to change the subject - away from the war, away from NSA-spying, away from Fitzgerald's investigation.

It might help, slightly, in rallying the demoralized base and increase their voter turnout.

But it could also easily backfire, as moderate voters are starting to see how extreme this administration is.

Keep cheerleading for us!

Posted by: winnowhead at May 4, 2006 05:25 PM

I hope that the Dems try to filibuster. That in the middle of an election cycle, in the heat of the summer, would be sweeeet...

This is exactly why these judges, most of whom were already lost causes (some have been turned down twice already), are being introduced now.

The Bush administration and Republican leadership are desperately trying to change the subject - away from the war, away from NSA-spying, away from Fitzgerald's investigation.

It might help, slightly, in rallying the demoralized base and increase their voter turnout.

But it could also easily backfire, as moderate voters are starting to see how extreme this administration is.

Posted by: winnowhead [TypeKey Profile Page] at May 4, 2006 05:26 PM

Winnow,

Actually, Kavanaugh has just been waiting and waiting, there's been no vote...and the hearings he's about to have are the SECOND SET he's had to do...simply because Democrats want to grand-stand.

Posted by: Mark Noonan [TypeKey Profile Page] at May 4, 2006 08:07 PM

Mark,

It's called Senate procedure. You use the tools at your disposal to get the result you desire, or at least one that you can live with.

Think the senate didn't do it during the Clinton years? If you think otherwise, you have a very selective memory.

But you didn't address my point: why is the white house re-introducing all these judges at this point in time? Think it has anything to do with their misfortunes and an attempt to get the base rallied for the midterms?

Posted by: winnowhead [TypeKey Profile Page] at May 6, 2006 03:32 AM

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