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An ominous Specter: Part III (MUST Read!)
Club For Growth (Townhall.com) ^ | FR Post 11-11-04 | Thomas Sowell

Posted on 11/11/2004 11:04:34 AM PST by vannrox

Thomas Sowell: An ominous Specter: Part III

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An ominous Specter: Part III

November 11, 2004

As a member of the Senate Judiciary Committee, Senator Arlen Specter has often justified his voting for or against judicial nominees on grounds that he supports those nominees whose views are in the "mainstream," as distinguished from those whose views are "extremist."

 Now that he is in line to become chairman of that committee in January, because of seniority, the meaning of these two elusive -- and elastic -- terms becomes crucial.

 Senator Specter voted against the confirmation of Judge Robert Bork and for the confirmation of Judge Antonin Scalia to the Supreme Court, even though their voting records on the Circuit Court of Appeals for the District of Columbia were virtually identical. On a couple of decisions where they differed, Judge Scalia took a more conservative position than Judge Bork did.

 Why then was Judge Bork considered to be so conservative as to be "out of the mainstream" while Judge Scalia was not? It had nothing to do with their records.

 It had to do with the fact that Antonin Scalia's nomination, which preceded Bork's, created no political firestorm because Scalia was replacing another conservative Justice and so would not have changed the lineup on the Supreme Court.

 Robert Bork, on the other hand, would have been replacing a more liberal Justice and therefore would have shifted the balance of power on the High Court. Liberal and left-wing organizations across the country mobilized to prevent that from happening at all costs and launched a massive smear campaign that created a new verb, "to Bork" a nominee.

 Those Senators who buckled under these pressures -- including Senator Arlen Specter -- could justify voting against Judge Bork on grounds that he was an "extremist." The term is very elastic and politically convenient.

 If "mainstream" becomes the litmus test for judicial nominees, then that means continuing the trends of the past half-century toward judges who take policy decisions out of the hands of the voters and their elected representatives, and impose their own notions as the law of the land.

 "Mainstream" is not even a fixed position. The more judges get away with overstepping the boundaries between the courts' jurisdictions and the areas reserved by the Constitution for democratically elected officials, the further into those reserved areas judges go.

 Within living memory, it would once have been considered unthinkable for a judge to order a state legislature to raise taxes to finance the judge's pet project. But that has now happened.

 Issues like gay marriage or abortion may stir up controversy in the media but most of that controversy is about which policy is desirable. The more fundamental question is: Who is to decide?

 Those who say that voters, not judges, should decide are not in the "mainstream." They are considered to be "extremists."

 The easy way out for any President is to nominate people who can be easily confirmed by the Senate. Even conservative Republican Presidents have put liberal zealots on the Supreme Court or have nominated people who carried the "moderate" or "conservative" label, but who lacked the intellectual depth or the backbone to resist fashionable trends toward judicial activism.

 To President Bush's credit, he has tried to stop the steady drift toward arbitrary judicial rule by nominating people like California Supreme Court Justice Janice Rogers Brown who have a track record of opposing judicial activism.

 A President who is trying to make a fundamental change in the federal judiciary and a chairman of the Senate Judiciary Committee who wants to continue the "mainstream" trends are in a fundamental contradiction, no matter how much each side tries to paper over the difference with nice words.

 With so many federal court vacancies, and with several Supreme Court vacancies almost certain to occur during the next four years, this may be the last chance in our lifetime to reverse the trend toward government by unelected judges.

 That is infinitely more important than putting Senator Arlen Specter in charge of the Senate Judiciary Committee because of his seniority.

©2004 Creators Syndicate, Inc.

Contact Thomas Sowell | Read Sowell's biography

townhall.com



TOPICS: Activism/Chapters; Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Extended News; Foreign Affairs; Front Page News; Government; News/Current Events; Philosophy; Politics/Elections; US: Pennsylvania
KEYWORDS: 2004; arlennotarlindummy; arlin; bush; chair; conservative; election; freedom; judges; kerry; liberal; liberty; specter; sphincter; thomassowell; vote
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1 posted on 11/11/2004 11:04:39 AM PST by vannrox
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To: vannrox

"...this may be the last chance in our lifetime to reverse the trend toward government by unelected judges..."


2 posted on 11/11/2004 11:05:45 AM PST by vannrox (The Preamble to the Bill of Rights - without it, our Bill of Rights is meaningless!)
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To: vannrox

Amen!


3 posted on 11/11/2004 11:15:36 AM PST by BellStar (Oyez, oyez! All rise for the Honorable Chief Justice Clarence Thomas)
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To: vannrox
I have been informed that Bush wants Spector in charge. I fear we are going to get a supreme court full of lightweights .
4 posted on 11/11/2004 11:38:43 AM PST by monday
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To: monday

Do you have reason to know what Bush wants?


5 posted on 11/11/2004 11:40:02 AM PST by Defiant (Democrats: Don't go away mad, just go away.)
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To: Defiant
Not really. I asked the same question elsewhere and sarasota said; "Because he(Bush) worked to get him(Spector) re-elected in PA and because Brit Hume (and his All Stars) said as much last week when the story broke.".
6 posted on 11/11/2004 11:49:11 AM PST by monday
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To: vannrox
Bork Spenctor
or Support a 3rd party in 2006 midterms

Note to GOP deliver or perish
7 posted on 11/11/2004 12:04:55 PM PST by Mark in the Old South
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To: Mark in the Old South

Poppa Bush: "I have to hand it to David Souter. We didn't ask, and he didn't tell."


8 posted on 11/11/2004 12:16:04 PM PST by MoralSense
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To: MoralSense

Sometimes to get answers to hard questions you have to be "rough trade" in a DC park.


9 posted on 11/11/2004 12:19:40 PM PST by Mark in the Old South
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To: vannrox
"...this may be the last chance in our lifetime to reverse the trend toward government by unelected judges..."

Yup. That's why the battle over Arlen is winner-take-all.

10 posted on 11/11/2004 12:21:40 PM PST by Aquinasfan (Isaiah 22:22, Rev 3:7, Mat 16:19)
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To: Aquinasfan

Hugh Hewitt still holds to his position that Specter is there to stay, that he will chair, and that Bush will back him.


11 posted on 11/11/2004 12:32:03 PM PST by blues-train (blues train)
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To: Defiant

BUSH IS NOT BACKING SPECTER.

IF HE WAS, THEN YOU CAN BE ASSURED, THAT BUSH WOULD BE VOCAL ABOUT IT.

IN THE PAST ELECTION OF 2002, BUSH SUPPORTED SPECTER SO THAT HE WOULD GET A BETTER CHANCE OF BEING REELLECTED IN PENNSYLVANIA.THIS WAS A DECISION MADE NOT BY BUSH, BUT RATHER BY CARL ROVE AND OTHER POLITICAL STRATEGISTS. THIS IS THE POST 2004 ELECTION PERIOD. THE ISSUES ARE TOO LARGE, AND THE RISKS TOO GREAT...TO LEAVE THE DECISIONS TO BE MADE BY POLITICAL HANDLERS.



PRESIDENT BUSES SILENCE ON THIS MATTER...
SPEAKS VOLUMES CONCERNING HIS THOUGHTS.


12 posted on 11/11/2004 1:38:09 PM PST by vannrox (The Preamble to the Bill of Rights - without it, our Bill of Rights is meaningless!)
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To: Mark in the Old South

Agreed. I already voted CP in Texas this time.

Next time..I won't be the only one. The Rep party can NOT be stupid enough to continue PC RINO policies like unlimited immigration, RINOs in charge of the Senate, and being weak on pro-life. They will not survive next election if the alienate their pro-life base. even if Hitlery is the Rat nominee, the RepublicRats in the party have to be held accountable if we are to EVER stop this crap..and that means withholding your vote no matter what the consequences and they need to be made aware of that.


13 posted on 11/11/2004 1:45:44 PM PST by Indie (Ignorance of the truth is no excuse for stupidity.)
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To: monday

"I have been informed that Bush wants "

By whom?
Does Gos speak to you too?


14 posted on 11/11/2004 1:47:32 PM PST by konaice
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To: Indie
Do not stay home in 2008. This is very important. The history of third parties is they either take the place on one of the major parties or the platform is absorbed. The GOP has been pretending to be pro-life so they will either fold like a house of cards or they will get real serious.

Do not stay home. Vote 3rd party even if you like your Rep. The best bet is in races that are expected to be unopposed. A few "upsets" and you will see a few Pols with pouty lips begging for forgiveness and Big Media screaming how this is a threat to democracy.
15 posted on 11/11/2004 2:03:06 PM PST by Mark in the Old South
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To: vannrox

"Bork" Specter!


16 posted on 11/11/2004 2:18:20 PM PST by taxcutisapayraise
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To: GeneralHavoc
GRASSROOTSPA CALL TO ACTION

STOP SPECTER FROM BLOCKING BUSH'S JUDGES

Contact Senator Frist 202-224-3135

Contact Senator Santorum 202-224-6324

Tell them in no uncertain terms that Specter cannot be made Senate Judiciary Chairman

Do NOT take "no" for an answer!

Bush has no Mandate?

Just say "NO" To Specter's Games!

Senate Judiciary Committee GOP Members

Contact Senator Orrin Hatch 202-224-5251

Contact Senator Charles Grassley 202-224-3744

Contact Senator Jon Kyl 202-224-4521

Contact Senator Mike DeWine 202-224-2315

Contact Senator Jeff Sessions 202-224-4124

Contact Senator Lindsey Graham -202-224-5972

Contact Senator Larry Craig 202-224-2752

Contact Senator Saxby Chambliss 202-224-3521

Contact Senator John Cornyn 202-224-2934

17 posted on 11/11/2004 2:26:28 PM PST by smokeyb
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To: vannrox

"Mainstream" is not even a fixed position. The more judges get away with overstepping the boundaries between the courts' jurisdictions and the areas reserved by the Constitution for democratically elected officials, the further into those reserved areas judges will go"....

Chills go down my back at that.
Thomas Sowell has my sincere respect. He posesses a clear overview of the Senate Judiciary Committee and Arlen Specter's relationship to it.

IMHO Larry Craig would fight for a conservative nominee.
Specter would continue to litmus label.


18 posted on 11/11/2004 3:23:28 PM PST by Paperdoll (on the cutting edge - OUR FIGHT HAS JUST BEGUN)
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To: Paperdoll

Freeper alert. A broad based coalition of pro-life and pro-family organizations will have a demonstration in front of the office of Majority Leader Senator Frist on Tuesday, November 16th, at 1 p.m. to call for Senator Specter not to be elected chairperson. The location is the Dirksen Senate office building on the corner of 1st and Constitution NE.

Whilst we enjoy our families on a patriotic holiday weekend, you can count on the socialist scum working overtime in the hellish holes of Congress to resurrect Specter's chances.


19 posted on 11/11/2004 4:12:38 PM PST by Liberty Wins (Life, Liberty, and the pursuit of all who threaten it.)
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To: Mark in the Old South

But the GOP knows that its natural supporters will stand with it in 2008 against Hillary no matter what -- therefore the GOP won't be that conservative on issues.


20 posted on 11/11/2004 5:06:34 PM PST by Theodore R.
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