The Election And Judges

C. Boyden Gray, chairman of the Committee for Justice, has a great article on the leverage President Bush can gain by bringing up judicial nominees.

The power of judicial nominees is something that most people don’t comprehend. With one stroke of a pen, judges nominated by liberal democrat’s have instituted abortion, affirmative action, attacked the boy scouts, removed ‘under God’ from the pledge of allegiance(later overturned), removed school prayer from schools, striked down Internet porn regulations, and are now attempting to institute gay marriage. All without the peoples say, all without congress’s say.

And that’s not all, some very important issues are on their way to the courts. All issues on “school choice, racial preferences, church-state relations, partial-birth abortion, parental consent for minor-abortion, gays in the Boy Scouts, gun rights, tort reform, campaign finance and property rights” are usually handled very differently between a liberal democrat judge, than a conservative republican judge.

Mr Gray writes,

The Supreme Court is now composed of four consistent liberals (John Paul Stevens, David Souter, Ruth Bader Ginsberg and Stephen Breyer), three firm conservatives (Chief Justice William Rehnquist, Clarence Thomas and Antonin Scalia), and two middle-of-the-roaders (Sandra Day O’Connor and Anthony Kennedy). In all likelihood, the next president will replace at least two and as many as four. The type of jurists confirmed will determine the course of government for the next 50 years. Will liberal activists dominate, creating new constitutional mandates favoring their social policy, aiding the plaintiffs’ bar, and continuing Washington’s accretion of power? Or will constitutionalists rule, returning divisive social debates to the people, throwing out junk lawsuits, and regarding federal power skeptically? More to the point, will judges be returned to their historical role as neutral interpreters of the Constitution and precedent, or will the imperial judiciary be revitalized and extended for decades? It’s up to Republicans to make clear the choice.


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