ConfirmThem

By AndrewHyman Comments () / Email this page » / Leave a comment »

David Broder has an interesting and reasonable column in the Washington Post today advocating a compromise. The Democrats would be wise to accept.

Here's part of a press release from Senator Frist's office:

Senator Frist believes this is about fairness --- voting, up or down, on judicial nominations. . . . Senate Democrats can vote for the nominees or against them. But they should end this unprecedented filibuster and lay aside partisanship and give these nominees --- many who have been waiting three or four years --- a fair up or down vote.

The New York Times has an informative update about the whole controversy here. Dot Principe of Upper Marlboro, Maryland says that, "The real nuclear option is the misuse of the filibuster by the Democrats. The Republicans in office in Washington need to grow a backbone."

Tomorrow's big religious/filibuster event will feature previously filibustered nominee Charles Pickering, among others.

Investor's Business Daily reports on some of the rhetoric coming from ex-Clinton aides regarding the filibustered nominees:

[T]hey're dangerous extremists at least "three steps to the right of Attila the Hun." That's how ex-Clinton aide Paul Begala described California Supreme Court Justice Janice Rogers Brown and Texas Supreme Court Justice Priscilla Owen in a recent fund-raising e-mail.

Perhaps Mr. Begala could have raised more funds by saying the nominees are at least six or seven steps to the right of Attila.

Bob Dole gave a speech at the Reagan Library yesterday, mentioning as follows: "I've known John Bolton for 25 years, and he's tough. We don't want to send a pansy to the U.N." The former Senate Majority Leader previously offered comments about the nomination filibusters, which confirmthem reported here.

The Investors' Business Daily article (discussed earlier in this post) mentions that, "The beef against [California Supreme Court Justice] Brown targets her public criticism of big government. In a 2000 speech to the Federalist Society, Brown declared: 'Where government moves in, community retreats, civil society disintegrates, and our ability to control our own destiny atrophies. . . . The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible.'"

Senator Kennedy specifically asked Justice Brown about that statement during her Senate hearing, and I think she gave a pretty good answer. Here is the exchange between Senator Kennedy and Justice Brown:

Senator Kennedy. I am very concerned about your statements that you have made in your speeches which are highly critical of the role of Government. This is particularly important because if you are confirmed you are going to sit on the D.C. Circuit, whose job is primarily to review the governmental actions. And to mention again in your speech at the Federalist Society, you stated:

Where Government moves in, communities retreat, civil societies disintegrate, our ability to control our own destiny atrophies. The result is families under siege, war on the streets, unapologetic expropriation of property, the precipitous decline of the rule of law, the rapid rise of corruption, the loss of civility, the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible.'

....

My question to you, how in the world can anyone ... have any confidence with how you will rule in the D.C. Circuit when you have taken these positions which are clear from the reading and your testimony, have such a despicable attitude towards what Government and Government institutions can do?

Justice Brown. Well, Senator, I think they can have absolute confidence. I think if you review my record and the way that I have ruled as a Judge, you could have absolute confidence as well. I don't hate Government. I am part of Government. I have been a public servant for 99 percent of my professional career. I know that there are some things that only Government can do, some things that would not get done unless Government does it. So I can implement the law. I have been doing that. . . . We all, I think, respond and speak out of our experiences and out of the things that move us and that concern us. And so what I am talking about there is really where the Government takes over the roles that we used to do as neighbors and as communities and as churches. I think it is important for us to preserve civil society, but I am not saying there is no role for Government.
Senator Schumer has also been very critical of Justice Brown, and his fabrications were already discussed here at confirmthem. Concerning Texas Supreme Court Justice Owen, Neil Lewis of the New York Times continues to severely distort the truth about her, as confirmthem discussed here.