Again the assault on meaning. Sure there's activist judges. Lots of them. Plenty of berobed activist behinds on activist Federal benches all across the country. Except they're not the godless monsters Bush insinuates when his mouth turns down at the corner, fills with saliva, and drips out: "We can't let the country be run by these judishal activists."
You'd think Bush would be all for judicial activism, since 7 of 9 Supreme Court justices and nearly two-thirds of the Federal judges on the 13 circuit courts were appointed by Republicans.
Yes, it's true. When down is up and black is white, all you have to do is flip the script! Those legions of "activist judges" -- they're not busy scheming to keep good Christian children from their Scriptures at school. They're overturning environmental regulations and hardlining criminal justice. Only 9 of Carter's appointments still have seats. Another 59 were appointed by Clinton. The names of the rest came from the desks of Reagan, Bush I and Bush II. More than half the bench is already conservative -- but not, apparently, conservative enough for the new breed of pietists who want to create a Christian theocracy in America. That why the true blue conservatives are really not interested in packing the courts. They're already packed, so the new strategy is: dismantle the courts altogether.
That's right, the guardians of tradition have decided to chuck checks and balances and jettison the judicial system. First there was the LA Times expose of christian conservative firebreathers Tony Perkins' and James Dobson's conference with supporters last month in which they detailed their strategy. Here's Perkins: "There's more than one way to skin a cat, and there's more than one way to take a black robe off the bench." That's beyond "going nuclear" over appointments; it's skipping constitutional process to remove judges. "Very few people know," Dobson said, "that the Congress can simply disenfranchise a court. They don't have to fire anybody or impeach them or go through battle. All they have to do is say the 9th Circuit doesn't exist anymore and it's gone." Dobson explained how they'll try a new back door method for their extra-constitutional strategy: stripping funding for "un-Christian" judges until they are forced out. Delay agrees, managing to toss off this ominous barb, as he gets ready for his ethics investigation: "We set up the courts. We can unsetup of the courts. We have the power of the purse."
Unset up the courts? I must have missed that volume of the Federalist Papers.
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Posted by: toy | Oct 26, 2007 at 01:41 PM