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Thursday, May 26, 2005

The Strategy Behind The Fallout

The fallout continues from Monday’s lame-brained defection of the Seditious Seven. There will be plenty of time for beating on these fools for their asinine and batty notion that three judges are better than ten, and that the GOP was ready to "wreck" the Senate over partisan politics. Washington was burned to the ground in this nation’s history; only the Senate survived. There would have been no meltdown in the Senate save the Democrats throwing yet another fit, and shutting it down. When these seven wake up, let me know. Until then, I’ll be taking swipes at them for awhile.

But a recent interview that Hugh Hewitt had with Sen. George Allen provided a bright, glaring light to the issue as a whole. In one month, Chief Justice Rehnquist will—more than likely—step down. His thyroid cancer is making it more difficult for him to perform his duties, and it’s been rumored for months—since the announcement about his cancer—that he will be the first one to step down. I say first because it’s also talked about that Justice O’Connor may join him. That’s two vacancies.

It’s mindful to remember that when one looks at this deal. Nominees should only be filibustered under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist. This is in the first clause of section 2 in this deal. So, again, what constitutes an "extraordinary circumstance"? None of the fourteen senators involved in this deal have explained it. None of the Seditious Seven are jumping up to give their thoughts on what establishes "extraordinary circumstances". This should have been spelled out, but it’s not. It’s left in the hands of these morons.

But I’m sure we’ll find out soon because more than likely the Democrats will consider anyone to the right of Josef Stalin a jurist that must be filibustered under the "extraordinary circumstances" clause of this agreement. Just wait until Rehnquist steps down, and the White House nominates Justice Scalia to the vacancy. The Left will take to the streets with pitch forks and torches to burn the originalist jurist to the ground. Reid, himself, praised Scalia months ago. I’m sure those lauded words of acclaim will disappear when Scalia comes up.

If that’s the case, then I can’t wait for Judge Luttig. Luttig is considered the most conservative judge on the White House’s "short-list" of Supreme Court nominees. His decisions reflect the same attitude as Priscilla Owens, Janice Rogers Brown, William Pryor, and Justices Scalia and Thomas. He is an originalist, like Scalia. (Textualist, if you wish) Luttig would make a fine addition to the high court, and he would help bring a better stance of balance—to depoliticize the Court, as Mark Levin remarked yesterday on Hugh Hewitt’s show—back to the Supreme Court.

And the Supreme Court could use it. With so many important cases heading to them right now—Gonzales v. Oregon—the assisted suicide case; Ayotte v. Planned Parenthood—the New Hampshire abortion case—are among them. It’s a necessity to give some new blood to the high court. For far too long have activists sat on that hallowed bench. I, for one, will not shed a tear when O’Connor steps down, and I might throw a party when Ginsburg finally steps aside.

But before we get to this point, the GOP needs to test this deal. And they can do it with one individual. William Myers. Myers is being appointed to the 9th "Circus" Court of Schlemiels, which is a serious stronghold of judicial activism. It is the most overturned court in United States history—all due to their idiotic interpretations of the Constitution—and hands down some of the most controversial decisions from the federal bench. (No offense, I may not be an attorney, or a Constitutional scholar, but I have a keen mind when it comes to our Constitution, and I KNOW I could interpret the founding document better than these fools.)

Myers is going to be savaged, and no I’m not one for handing up sacrificial lambs, but the true test of this deal will come up when he comes up. The Left is going to do everything in it’s power to prevent someone like Myers unbalancing their precious 9th "Circus Court". That court ends up being the starting point for many of these nutty lawsuits. (Anyone remember Elk Grove Unified School Disctrict v. Newdow? That is where the Pledge of Allegiance was challenged.)

Myers could be the spark that reignites the Constitutional Option debate, and this time it’s implementation. We know that McCain, Chafee, and Snowe will never come around. They’re screwed anyway. Neither Chafee or Snowe will win reelection, and McCain’s plans for redecorating the White House are already flushed. BUT, there’s a possibility that the other four senators (Graham, Collins, DeWine, and Warner) might get a bit ticked at being undermined in that deal. They may be willing, at that point, to side with Frist, and execute the Option.

Right now—at 4:05 p.m., AZ time—Reid is sitting on the floor of the Senate, after making lavish statements about bipartisanship and better relations with the GOP, and leading a filibuster of John Bolton. Granted, the deal on Monday deals solely with judicial nominees, but what part of the Constitution needs to be hammered into people’s heads. "Advice and Consent", ladies and gentlemen of the Senate, means that now Bolton has moved on—as has every judicial nominee—from committee to the floor, there should be a vote. There isn’t one happening. There’s more obstruction from the Democrats. So much for operating in "good faith".


This continued obstruction by the Democrats, and the GOP’s refusal to stand up—as the majority party—is going to result in a backlash neither party may be ready for. There are already movements around the country to locate better conservatives for the GOP in elections coming up in 2006; and that warning is extended to Democrats, as well. You may lose people (Nelson, Byrd, and Lieberman are all up for reelection in 2006; DeWine, Snowe, and Chafee are up for the GOP). The Democrats don’t want to lose those seats, and I’m sure if the vote were held today, three of the Seditious Seven would lose solidly. Point being, people are ticked, and at this point, they wouldn’t bat an eye at ridding themselves of people that disdain the Constitution; Democrat or Republican, it doesn’t matter.

The last thing either side wants to see are solid conservatives that moderate little, or none at all. The "Magnificent Seven" freshman have made quite a name for themselves, and are already earning a reputation as solid conservatives in the Senate. (Martinez-FL; Vitter-LA; DeMint-SC; Isakson-GA; Coburn-OK; Thune-SD; Santorum-PA) These seven give me hope when I see the Seditious Seven in action. Why? Because it’s only a matter of time for the Seditious ones before people toss them out on their ears; or for anyone that stands against our Constitution.

Publius II

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