Judicial photo ops are still phoney

Who didn't wake up Sunday and think "you've got to be sh*tting me!"? I had resigned myself to accepting that John Roberts would ace his confirmation hearing. He's got real credentials, but no really offensive, Borkian track record. Let's face it, more conservative than Sandra Day O'Conner, he's no Scalia.

But Chief Justice? No, I'm sorry, Bush does not have the political capital to push that one through. The answer that he does not have much of a federal track record is fine for confirmation, but you better be damned if you think that's good for the highest judicial position in the country. And keep in mind that he could hold that position for 40-some years.

It is imperative that Bush's stamp on the Chief Justice is only 5-10 years of a John Paul Stevens service... since Scalia and Thomas won't make it through... or better not.

So what could dampen my opposition the most? Well how about seeing John Robert mourn Rehnquist's death by serving as a pall bearer. Nothing says you're qualified to replace them, than to bury them. No...stop... you're really pulling at my heartstrings....clearly Roberts is the heir...he must be so devestated... in fact, he is doing us a favor... puh-leaze.

Amazing how the Spin Machine can whip this one up in a few hours.... if only they could devote some of that energy towards something useful, like FEMA, or alternative energy. What other parlor tricks does the lap dog do?

A great reminder of the peculiarities of the Senate

Back when we were all counting electoral votes, I got very interested the topic of how the Senate a) skews the electoral college to favor small states; and b) skew business in that chamber to further benefit small states as cleverly laid out in Harper's by Richard Rosenfeld. There is a well timed reminder in today's NYTimes letters section by William Kenney.

Here is an interesting tid bit from the Richard Rosenfeld piece:

A majority of the people in our country are represented by just 18 senators, or 18% of the body . . . while the 52 Senators from the 26 least populous states represent just 18% of the U.S. population.Big surprise, he notes, that “the less populous states have extracted benefits from the nation out of proportion to their populations.”

So, to Joseph Pisano of Strong Island who wrote: "We the people elected George W. Bush president. The Democratic Party lost and now wants to rule and change laws through activist judges and liberal nominees. This is not what the majority of the people want, as reflected in the presidential race."

George W got the most votes, and yes, more than half of the votes cast in 04, (though appointed by activist judges in 2000) but that does not mean we should dismantle decades of jurisprudence in a matter of months to much of the country does not interpret Nov 04 as a mandate, only as close election in a sharply divided country. I though most of us want to live under a constitution that provides the longevity and continuity of the Judicial branch, though checked and balanced out by Legistlative and Executive branches. Furthermore, look no further than Antonin Scalia if you're looking for an activist judge.

Anti-Christians for Filibusters?

This weekend was Bill Frist's prime time show to celebrate with Christians everywhere their religious opposition to the judicial filibuster. I don't know why it's such a big news item; everyone knows that Christians hate judicial filibusters.

I believe the first such celebration was 1133 when Cardinal Bertucci Prego gathered his bishops to declare the importance of ramming through ideologues as judges to inflict great miseries against the godless masses who refuse to accept the blessing of God's grace.

Later in the new world, Cotton Mather is said to successfully eliminate filibusters in Salem to help expedited the trial and executions of the huge backlog of witches, who were annoying everyone and lower property values by their independence from men and keeping of cats.

And of course, there was all the talk in the 90's to eliminate judicial filibusters during Clinton's presidency, so much so Senate republicans choose other procedural tactics to block 19% of nominees. And while GWBush has had 95% of his nominees approved, Senate Republicans, with a mandate from God, tirelessly work to abolish this parliamentary evil. I think Deuteronomy 18:20 says it best:

But the prophet, which shall presume to speak a word in my name, which I have not commanded him to speak, or that shall speak in the name of other gods, even that prophet shall die.

This is why we are on missions in Iraq and Afganistan to limit extreme religious influence on their new democratic governments. Extreme religious influence: good; Wrong religion: bad.

Judges 1, Tyrants 0

Last Saturday I was musing on power play between Ecuador's Judicial and Executive branches. Well yesterday, Lucio Gutiérrez was ousted from the Presidency, the third since 1996. He's been given amnesty in Brazil. I hope this is a lesson about shamelessly trying to stack the court. That goes for the Senate Judiciary Committee as they again try to fit a square Pricilla Owen into a round Federal Circuit seat.

Doonesbury is illustrating the Tom DeLay political death watch... I hope DeLay follows Gutiérrez, then Frist can have his turn. Hey, Bill why didn't you diagnose Gutierrez' political life from video tape... because it was obviously dead.