To: carranza2 who wrote (16138 ) 11/14/2003 12:07:37 PM From: LindyBill Respond to of 793622 Hi, C2! Here is a great idea from Murdock of "National Review." Bush needs to do this to shake loose the Senate and light a good fire for the next election. ________________________________ The Real Nuclear Option on Judges President Bush should address Americans — in primetime. While the Republican Senate's 30-hour debate on Democratic obstruction of judicial confirmations was an impressive parliamentary weapon, it's well past time to deploy the biggest gun of all. President Bush should deliver a prime-time address to educate Americans on the Democrats' refusal to vote on a growing number of his judicial appointees. While Bush's appeals-court nominees generally enjoy the support of a majority of senators, the "Just-Say-No Caucus" — led by Democrats Ted Kennedy of Massachusetts and New York's Charles Schumer — is filibustering at least seven designees. It takes at least 60 votes to end debate and vote on appointments, a tall order for the GOP's 51 senators. Bush could electrify this static issue by speaking one evening, live from the White House, with his embattled nominees standing immediately behind him. He should tell Americans that: Judges delayed means justice denied. Some appointees have waited for votes since 2001. Miguel Estrada famously withdrew his name from consideration for the Washington, D.C. Circuit Court after 28 months of controversy. Far less famous are those who also wait and wait for their days in court while one quarter of that circuit's seats remain empty. The D.C. Circuit is not unique. The nonpartisan Administrative Office of the U.S. Courts has declared "judicial emergencies" in 22 seats — including four whose nominees are being filibustered — that remain vacant as cases pile up. Democrats treat conservative appointees as if they clerked for Benito Mussolini. Texas supreme-court justice Priscilla Owen somehow is "extreme" because she upheld a state law requiring parental notification when minors have abortions. Is that so zany? California supreme court justice Janice Rogers Brown, who is black, won 76-percent approval in her latest judicial election and authored the most majority opinions for the court in 2001-2002. But despite being the daughter of Alabama sharecroppers under Jim Crow, Rep. Maxine Waters (D., Calif.) calls Brown a "poster woman for the far right wing" while Kennedy dubs her belief in limited government "despicable." Bush then should invite these victims of Democratic intransigence to approach the podium, identify themselves, and say, roughly: "I am eager to serve the American people as a federal judge, but cannot do so until the Senate approves me or sends me home. Please call your senators and tell them: 'It's time to vote.'" Most radically, Bush should liberate his nominees from the custom that prevents them from speaking publicly to non-senators until they are voted upon. This de facto gag rule allows Bush's opponents to call his nominees the ugliest names around, knowing full well that those their targets cannot respond. Imagine Mississippi federal district judge Charles Pickering's frustration at being called racially insensitive. He cannot reply that Charles Evers, brother of assassinated civil-rights leader Medgar Evers, said Pickering "was standing up for blacks in Mississippi when no other white man would." Pickering testified against KKK Imperial Wizard Sam Bowers in his 1967 trial for allegedly using a firebomb to murder civil-rights activist Vernon Dahmer. True, these designees should not declare how they would rule on controversial cases. But nothing should prevent them from giving print or TV interviews in which they introduce themselves to the American public and discuss their backgrounds, philosophies, and how their hard work got them where they are today. As it is, judicial nominees are much like silent film stars of the 1920s: They are seen everywhere, but never heard. President Bush and his allies on this issue need not debate the hackneyed Democratic complaints about his judicial appointees. If some senators consider Bush's nominees reactionary crackpots, self-hating minorities, or women who wish they were men, they have every right to nurse those superstitions. For that matter, they could throw balled-up sheets of litmus paper at appointees if they think that would promote justice. But what they must not do is refuse to vote on nominations, just as Republicans never should have left some Clinton appointees in suspended animation. Senators should weigh the pros and cons of every potential federal judge. And after that, what they must do would fit perfectly on bumper stickers, lapel pins, and picket signs (hint, hint): Just vote! nationalreview.com