To: American Spirit who wrote (46180 ) 5/12/2005 2:55:44 PM From: longnshort Respond to of 173976 KEN STARR'S REAL VIEWS [Ramesh Ponnuru] CBS, AP, and other outlets reported earlier this week that Starr had said that getting rid of the judicial filibuster would be a "radical, radical departure from our history and our traditions, and it amounts to an assault on the judicial branch of government." This seemed like a very odd thing for Starr to say, so I contacted him. He forwarded to me an email he had sent to someone else who had asked about this matter: "In the piece that I have now seen, and which I gather is being lavishly quoted, CBS employed two snippets. The 'radical departure' snippet was specifically addressed -- although this is not evidenced whatever from the clip -- to the practice of invoking judicial philosopy as a grounds for voting against a qualified nominee of integrity and experience. I said in sharp language that that practice was wrong. I contrasted the current practice . . . with what occurred during Ruth Ginsburg's nomination process, as numerous Republicans voted (rightly) to confirm a former ACLU staff lawyer. They disagreed with her positions as a lawyer, but they voted (again, rightly) to confirm her. Why? Because elections, like ideas, have consequences. . . . In the interview, I did indeed suggest, and have suggested elsewhere, that caution and prudence be exercised (Burkean that I am) in shifting/modifying rules (that's the second snippet), but I likewise made clear that the 'filibuster' represents an entirely new use (and misuse) of a venerable tradition. . . . "[O]ur friends are way off base in assuming that the CBS snippets, as used, represent (a) my views, or (b) what I in fact said." nationalreview.com