Publius2000

"Passion has helped us; but can do so no more. It will in future be our enemy. Reason, cold, calculating, unimpassioned reason, must furnish all the materials for our future support and defence.--Let those materials be moulded into general intelligence, sound morality, and in particular, a reverence for the constitution and laws" --Abraham Lincoln, speaking on "The Perpetuation of Our Political Institutions" Address Before the Young Men's Lyceum of Springfield, Illinois, 1838

Thursday, September 08, 2005

Preparing for WW III?

Here is a perceptive piece by John Hinderacker looking at the implications of Robert's elevation to the Chief Justice Position. I agree with him that Robert's elevation does shift the grounds of the battle a bit and it shifted in the Democrat's favor. However, the reality is that aside from considerations of political perception (which can be great sometimes) Republicans have the votes to confirm any nominee Bush puts up. Furthermore, if Democrats attempt a filibuster (even when "extreme circumstances" are not present) Republicans can alter Senate rules to guaruntee an up or down vote. The battle is essentially an internal one for both Bush and Senate Republicans. Do they have the political will to fight through Democratic attacks or will they shrink from the condemnations and political drama that will no doubt ensue. WW III will only be avoided if the Republicans decide to abandon the field...

"...Now, the Democrats have been granted a reprieve. They can let Roberts go through with only token opposition, knowing that the philosophical composition of the Court will not change significantly, and concentrate their fire on Bush's second nominee, who will fill the critical seat being vacated by Justice O'Connor. One question, from a conservative point of view, will be whether President Bush can find another nominee who is both as solidly conservative and as non-controversial as John Roberts. Unfortunately, it is not obvious that he can...

...None of the other solidly conservative candidates appears any less likely to engender controversy. So President Bush faces a choice: he can either nominate another conservative and trigger the most bitter confirmation battle since Robert Bork, or he can bow to pressure from the Democrats and the media and appoint a moderate, thereby forgoing, perhaps forever, his opportunity to move the Court in a conservative direction.
Pressure to appoint a centrist will undoubtedly be fierce. Indeed, such pressure is already beginning, even though the Senate has not yet begun to consider Roberts's nomination. Senator Dick Durbin said this week that he wants to know who the second nominee will be before he votes on Judge Roberts. Arlen Specter added, unhelpfully, that O'Connor's replacement should be a woman. It seems unlikely that the senator has Janice Rogers Brown in mind...


...If President Bush nominates another strong conservative to replace O'Connor, the result will be the political equivalent of World War III. Liberal interest groups will face an existential crisis if they do not fight bitterly to keep the Court's current ideological makeup. Win or lose, they have no choice but to make the effort to oppose Bush's second nominee. And, unfortunately for Republicans, it appears likely that any conservative jurist whom Bush may appoint will give the Democrats more ammunition than John Roberts did. So be prepared for the ugliest, most bitter confirmation battle in a generation."

Read the Rest...

0 Comments:

Post a Comment

<< Home