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The Minority Democrats' War In The Senate For Control Of America
Toogood Reports ^ | Febraury 28, 2003 | Mary Mostert

Posted on 02/28/2003 6:46:35 AM PST by Stand Watch Listen

While there is very little being written about it, the Democrat´s three week filibuster of the President´s nomination of Miquel Estrada to the DC Circuit Court of Appeals is already longer than their blockage of the Civil Rights Bill in the 1960s. The Democrats have quietly obstructed not only Estrada, but also many other Bush nominees, from the moment he was inaugurated in 2001.

Senate Judiciary Committee Chairman James Eastland, Democrat of Mississippi, obstructed the 1964 Civil Rights Bill in the Judiciary Committee. However, the bill´s manager, Senator Hubert Humphrey, also a Democrat, by-passed the Judiciary Committee with parliamentary maneuvering to bring the bill to the floor on February 26, 1964. For eighty-three days the bill was blocked by Southern Democrats filibustering. The bill finally passed 73-27 on June 19th and was signed by President Lyndon Johnson.

Today the Senate is in the grips of what Sen. Orrin Hatch, chairman of the Judiciary Committee, has dubbed Senate Democrats’ Weapons of Mass Obstruction in their effort to block Miquel Estrada, an Hispanic with a "golden" recommendation from the liberal American Bar Association. Approval by the Bar Association once was the Democrats benchmark for approving judges.

The minority Democrats are finding that Orrin Hatch, and President Bush are not going to quietly allow them to reverse the 2000 and 2002 elections when voters chose Republican leadership. Estrada was nominated in May 2001, almost 2 years ago, when there was a 50-50 split in the Senate between Republicans and Democrats with Vice President Cheney voting when there was a tie.

The first "coup d´etat" occurred when Democrats managed to entice liberal Republican, Jim Jeffords, into their camp with promises of support for money for his state projects. That lasted until September 2002 when the Democrat controlled Judiciary Committee finally voted, on a party-line vote, to reject the Estrada nomination. That was followed by something of a whirlwind effort on the part of President Bush to urge voters to "send him a Senate I can work with." Five new Senators were elected with four of them supporting Bush.

With a clear Republican majority, Bush re-nominated the well-qualified Estrada and other judgeship nominees the Democrats had blocked. They believed they would be able to increase their hold on the Senate in the November election if they just ignored the President´s nominees.

The 2002 election shocked the left-wing Democrats and groups such as "People for the American Way, the Abortion Rights Groups, the National Organization for Women that have controlled American politics for decades. They bragged about their well-organized political action campaign "to counter the growing clout" of those in public life like George W. Bush, John Ashcroft and, now, Miquel Estrada with religious beliefs.

The "People for the American Way" is a group founded in 1980 by television and movie producer Norman Lear and claims as its major successes on its website such efforts as, rushing "leaders and staff to Florida the day after the presidential election," forcing Florida schools to stop teaching Bible as History classes, opposing the school voucher program because it would allow students to choose religious, rather than public, schools, lawsuits protecting pornography on the Internet, and seemingly underlying it all, efforts to keep any religious or conservative judges from being appointed.

Democrat efforts to control the Judiciary with left wing or liberal judges is not new. It was, of course, going on for eight years in the Reagan Administration, four years in the Bush Sr. Administration and eight years in the Clinton Administration. What is new is the filibuster and the now clearly public push to get their way, in spite of the White House and the Congress now being controlled by Republicans.

As Sen. Hatch put it,

"Too many of my colleagues on the other side of the aisle appear beholden to groups like People for the American Way. But their brand of politics includes obstructing the confirmation of qualified men and women to the federal judiciary using any available weapon. To them, this is war, and all is fair – even if it means smearing the reputation of good, solid nominees. That sort of politics isn´t the American way at all."

To Hatch, a Mormon, this pitched war for control of the Judges of the nation is a familiar story. The Book of Mormon is a 1000 year political and spiritual history of the Nephites and Lamanites, people who came to the Americas about 600 BC from Jerusalem before the city was destroyed by Nebuchadnezzar.

In about 90 BC they adopted a Republic system of government, put forth by their last righteous king, Mosiah, based on four great governmental principles that guided their judges:

  1. The concept that law, not force, authority, or personality, rules in society;
  2. that law will be determined by the voice of the people, supporting and preserving their free agency;
  3. that correct principles of law are given to man by G-d and
  4. the need for a spiritual foundation of that law.

These, obviously, are quite similar to the government that America´s founding fathers created. The Declaration of Independence outlines the notion, unknown in most countries, that all mankind have "certain unalienable rights." Our Constitution took that concept and created a procedure, determined by votes of the majority, to create law and interpret it through an independent and co-equal judicial system to preserve freedom. The east side of the United States U.S. Supreme Court building has a sculpture of Moses and the 10 Commandments.

The Nephite Republic lasted only 120 years. It died when the last of its righteous judges were assassinated and "when good men did too little, when a confused and troubled nation failed to turn to the light of the gospel and chose instead to walk in the darkness of its own worldly learning and criminal conceit," according to one Book of Mormon scholar.

George Washington warned in his Farewell Address that the system the founding fathers created would fail if its people lacked "virtue or morality." It will also fail if the people are too confused to take action when the independence of the Judiciary is lost.

Click here to contact Democrat Senators filibustering against Miquel Estrada

TOPICS: Editorial; Government; Politics/Elections

Related Articles: and past Democratic Senate obstructionism

Senate Democrats: Filibusters Are No Longer Just For The Floor
Source:; Published: February 28, 2003; Author: John Nowacki

Ted Kennedy's Grand Design
Source:; Published: February 27, 2003; Author: Robert D. Novak

Linda Chavez: Republicans Need To Call Dems' Bluff On Estrada Nomination
Source:; Published: February 26, 2003; Author Linda Chavez

Senate Democrats Can't Get Their Facts Straight
Source: ; Published: February 14, 2003; Author: John Nowacki

Leahy’s Surprise Attack
Source: National Review Online; Published: October 9, 2002; Author: Byron York

Shedded by Judiciary: Senate Democrats cast off another appointee
Source: Wall St Journal; Published: October 9, 2002

Miguel Estrada May be Next Victim Of Judiciary's 'Gang Of Ten'
Source:; Published: September 09, 2002; Author: Paul M. Weyrich

Toward Priscilla Owen, Not Even The Pretense Of Fairness
Source:; Published: August 01, 2002; Author: John Nowacki

The Owen Nomination: Liberals Don't Let Truth Stand In Their Way
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Democrats Hold Judicial Nominations for 406 Days and Counting
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Judge The Senate Judiciary Committee Not By What It Says, But What It Has Done
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The Left Keeps Trying -- And Failing -- To Smear Brooks Smith
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Pickering Battle Places Congress on Verge of 'Institutional Crisis'
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Make them pay for 'Borking': David Limbaugh rebukes spineless Republicans to support Pickering
Source:; Published: March 5, 2002; Author: David Limbaugh

The GOP's Post-Pickering Strategy
Source: National Review Online; Published: March 1, 2002; Author: Byron York

Pickering Fight Shows Liberals At Their Worst
Source: Roll; Publblished: February 21, 2002; Author: Mort Kondracke

Still Pestering Pickering
Source:; Published: February 19, 2002; Author: John Nowacki

Dismantling Democracy through Judicial Activism
Source:; Published: February 12, 2002; Author:Tom Jipping

'A Troubling Pattern': Ideology Over Truth In Judicial Confirmations
Source: Too Good Reports; Published: February 10, 2002; Author: Paul E. Scates

Democrats Blast Bush Judicial Nominee
Source:; Published: February 08, 2002; Susan Jones

The Next Big Fight: The first major judicial-confirmation battle of the Bush administration.
Source: National Review: Published: Feburary 6, 2002; Author:Byron York

SYMPOSIUM Q: Should the Senate Take Ideology into Account in Judicial Confirmations
Source: INSIGHT magazine; Published: February 4, 2002;
Ralph G. Neas -- YES: The ideology of nominees for the federal judiciary matters more now than ever
Roger Pilon -- NO: Since judges apply law, not make it, the Senate's concern should be with judicial temperament

What is the Judiciary Committee Trying to Hide?
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Blasting Conservative Judges: Liberals Launch Their Campaign
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Senator Leahy Does Not Meet His Own Standards; Published: December 07, 2001; Author: By John Nowacki

Senator Daschle Must Remove 'Leaky Leahy' From Judiciary Committee
Source: Too Good Reports; Published: December 4, 2001; Author: Rev. Louis P. Sheldon

A Disgraceful Blocking of Nominees
Source: The Wall Street Journal (ltr to ed) Published December 3, 2001

Mr. Leahy's Fuzzy Math
Source: Washington Times;Published: December 3, 2001; Author:Editorial

Sen. Patrick Leahy; Our Constitutional Conscience?
Source: Too Good Reports; Published: December 2, 2001; Author: Paul E. Scates

Judicial confirmations called significantly low
Source: Washington Times; Published: November 30, 2001; Author: Audrey Hudson

Patrick Leahy - Words Do Kill
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Obedient Democrats
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Dems Will Shut Down Judicial Confirmations
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Author: Thomas L. Jipping

1 posted on 02/28/2003 6:46:35 AM PST by Stand Watch Listen
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To: Stand Watch Listen
.......the Democrat´s three week filibuster of the President´s nomination of Miquel Estrada to the DC Circuit Court of Appeals is already longer than their blockage of the Civil Rights Bill in the 1960s.

This sentence should be broadcast as far and wide as possible!

2 posted on 02/28/2003 8:07:03 AM PST by expatpat
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To: Stand Watch Listen
"The minority Democrats are finding that Orrin Hatch, and President Bush are not going to quietly allow them to reverse the 2000 and 2002 elections when voters chose Republican leadership."

We shall see.

This particular "war" in the Senate has potentially far greater repurcussions than the upcoming war in Iraq. If "W" and the GOP leadership fold in the face of Tiny Tom and Terrible Ted, then forget any Constitutionalists ever being confirmed in the Federal Judiciary.

With the Dimwits having the establishment media on their side, it will be interesting to see if the 'Pubs have the stomach to withstand a long siege.

3 posted on 02/28/2003 8:25:11 AM PST by KeyBored
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To: Stand Watch Listen
Nice post. The links look interesting, too. I have bookmarked this thread, for later reading.

Right now I am actively sending copies of the letter I have written to Schumer to all the Senators.

On the outside of the envelope I have written phrases such as "Senator Schumer has heard from his constituents who support M. Estrada." I have also written "Vote YES on Miguel Estrada."

4 posted on 02/28/2003 9:08:34 AM PST by syriacus (Chuck Schumer. ALL the Senators will learn you have ignored your constituents.)
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To: KeyBored
If "W" and the GOP leadership fold in the face of Tiny Tom and Terrible Ted....

They won't.

They know what the stakes are. The future of the Supreme Court ultimately hangs in the balance.

5 posted on 02/28/2003 12:44:33 PM PST by Republic If You Can Keep It
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