Ben Nelson (D-Neb) on "Extraordinary Circumstances"
By DanCT Posted in Senate Rules — Comments () / Email this page » / Leave a comment »
From today's Lincoln Journal-Star (July 17, 2005), Ben Nelson almost assured us that ideology is not grounds for claiming "extraordinary circumstances":
...On the retirement of Justice Sandra Day O'Connor, the Los Angeles Times quoted me as saying "If someone was committed to being a judicial activist that would raise the question of extraordinary circumstances." There was a similar quote in the Washington Post. On Fox News Sunday another member of the "Gang of 14," Republican Sen. Lindsey Graham and I concurred that "Based on what we've done in the past, ideological attacks are not an extraordinary circumstance." That position was restated at a news conference in Omaha the day O'Connor announced her retirement.
I will say it once again for Wolff's benefit as he seems to have missed it in the past; philosophical views do not constitute extraordinary circumstances. I would hope Wolff would agree that the Supreme Court is no place for an activist judge.
Hmmm...philosophical views/ideology do not constitute "extraordinary circumstances" but "judicial activism" does? I wonder what he thinks about the philosophical view that the Constitution is a "living document" that can and should be twisted to conform to the latest ideological fashions of the sitting justices...
Would that the GOP had had the will to pull the trigger on the "nuclear option" the last time the issue came up!

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