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Thursday, June 02, 2005
 
Law School Chris Weighs in on the Filibuster

The good news on the filibuster deal -

This is a quote from "acceptable judge" William Pryor on Roe v. Wade - "The worst abomination in the history of constitutional law."

When a filibuster might be permissible - The head of NARAL said, “We are confident that a Supreme Court nominee who won’t even state a position on Roe v. Wade is the kind of extraordinary circumstance this deal envisions.”

Also, Chuck Schumer on his 'test' - "Will they interpret law and not make law? Will they not impose their own views and have enough respect for the Constitution and the laws of this land that they impose their own?"

I know things seem bleak at the moment - but the parameters of the future debate seem clear. We have seen a major sea change in the climate for judicial activism. When Clarence Thomas was nominated he had to hide behind the fig leaf that he had never thought about Roe. Now, it is an established fact that a Roe opponent can and should be confirmed. Also, if any of these three judges are nominated for the Supreme Court - they can not be filibustered. We now have three battle tested conservative judges - all with the votes to be confirmed onto the Supreme Court.

Is this deal perfect? - No, but consider these silver linings and the fact that thankfully John McCain seems to have sown the seeds of a primary defeat if he chooses to run for President in 2008. All in all not a bad deal.

Note - The real change however should be to remove the gag order from judicial nominees. Letting them fire back might change a little of the pinata effect where democrats feel free to impugn the dignity, intelligence and honesty of these nominees with little regard to fact.

btw - sorry I haven't posted in a while - studying and taking finals.


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