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To: Lancey Howard
I think your point that filibusters lead to a decimated Judiciary - either by lack of enough judges to fulfill it's duties, or filled with recess appointees who do not have the independence and permanence that the Founders envisioned, is inspired.

Like any great idea it's quite obvious- now that you've pointed it out!

79 posted on 12/16/2004 10:38:09 AM PST by mrsmith
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To: mrsmith

Thanks for your reply.

The fact is that any "strict constructionist" that Bush nominates will get: a) Borked, or b) filibustered. So Bush has four options: a) nominate "centrists" (like David Souter), b) nominate judges who have absolutely no paper trail and/or cannot be pinned down ideologically by anybody (a roll of the dice), c) surrender the lifetime appointments and go for the short-term fix of recess appointments, or d) implore the Senate Republican leadership to "go nuclear".

Dubya is a man of principle and a man of his word. He has said that he will nominate only "strict constructionists". But the Democrats will not accept "strict constructionists", so in order for Bush to remain true to his word, and the only way he could keep his promise, would be to get his nominees on the bench via recess appointments.

Except that there is a "nuclear option" and it absolutely MUST be excercised. There may be no second chance.


87 posted on 12/16/2004 3:37:46 PM PST by Lancey Howard
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