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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: SiouxPal who wrote (690806)7/7/2005 7:28:17 PM
From: Hope Praytochange  Respond to of 769670
 
The Next Sandra Day
Harry Reid may be willing to give up Roe v. Wade to get a trial lawyer on the Supreme Court.

BY WALTER OLSON
Thursday, July 7, 2005 12:01 a.m.

Amid the many tributes to the departing Justice Sandra Day O'Connor, one of her distinctive contributions deserves to be better known: More vocally than any of her present colleagues, Justice O'Connor sounded the alarm against what she's termed "the increasing, and on many levels frightening, overlegalization of everyday life in our country today."
The Supreme Court's first female justice is best known in tort circles for her long crusade to bring punitive damage awards under constitutional due-process scrutiny, a position for which she eventually assembled a majority that includes several of her liberal colleagues (though not conservatives Antonin Scalia and Clarence Thomas). Quoting a Ninth Circuit opinion, Justice O'Connor has expressed concern at the way demands for punitive damages can be "limited only by the ability of lawyers to string zeros together in drafting a complaint" and at jury awards that (to quote her 1993 TXO dissent) are "inexplicable on any basis but caprice or passion." Because of her persuasiveness, such awards are now rarer.

In speeches, Justice O'Connor has been so bold as to take on that jealously guarded benefice of the American bar, the lawyers' contingency fee. In a July 2001 talk before Minnesota women lawyers, she said the pocketing of "astronomical" fees in injury cases "even where liability is virtually assured" should raise ethical concerns. Among the "perverse incentives and untoward consequences" of percentage fees, she observed, is their tendency to enlist attorneys "in seeking large dollar recoveries rather than as objective servants of the law seeking to do justice." Class actions? With "so much relatively easy money available for both the attorneys and plaintiffs who participate, the danger of vexatious litigation presented by this structure is clearly quite large."

Would it be radical to consider tampering with the contingency fee? If so, count Justice O'Connor guilty as charged. "Other countries manage to [assure legal representation of indigent plaintiffs] and so can we. Awarding a reasonable hourly fee paid by the losing opponent in such cases, for example, might provide the proper incentives without the serious potential for abuse." But the justice in her Minnesota speech did not hold out great hope of restraining the lawyers any time soon, one reason being: "Those same lawyers, in many states, largely control the reform process."

To be sure, Justice O'Connor's legacy is at best mixed on one of the root causes of a high rate of litigation, namely vagueness in underlying legal rules. On the one hand, she has cogently criticized the woozy imprecision with which members of Congress drafted the Americans with Disabilities Act, and she took a hand in several decisions that adopted narrower and more workable readings of that statute. On the other hand, her well-known aversion to laying down firm rules that might tie a future court's hands has all too often stoked future litigation by leaving it less than clear what the law requires.

All in all, however, one wonders whether Senate Minority Leader Harry Reid, a staunch ally of trial lawyers, really knew what he was saying last Friday when he said of the next court pick: "I just hope it is someone similar to Sandra Day O'Connor." The previous Tuesday, in a curious exchange, Sen. Reid had suggested to reporters that the president might seek compromise by picking a GOP senator for the next vacancy, and that four such senators "would be outstanding Supreme Court members." Which four? Sen. Reid named Lindsey Graham of South Carolina (who promptly said he wasn't interested), Mike DeWine of Ohio, Mel Martinez of Florida and Mike Crapo of Idaho.
As reporters noticed, some obvious names were missing from the list, such as Sen. John Cornyn, described by Reuters as "a former member of the Texas Supreme Court and the only senator with appellate court experience" as well as a former attorney general of his state. Asked if President Bush should consider Sen. Cornyn, Sen. Reid shrugged and said, "I've told you [the ones] I think he should consider."

Perhaps Sen. Cornyn (lifetime American Conservative Union rating: 93) is just too conservative for Sen. Reid's tastes? Not likely, considering that Sen. Crapo's and Sen. Graham's lifetime ACU ratings stand at 93 and 91 respectively. And Florida's newcomer Sen. Martinez, who's on the Reid-approved list, is known as a far more combative social conservative than someone like Sen. Cornyn, with much closer ties to antiabortion and Christian Right groups.

It's all quite a baffling mystery if you accept the oft-noised view that today's Democratic leadership is in thrall to social liberalism and views the defense of Roe v. Wade as its No. 1 priority. One possible clue is that while none of Sen. Reid's four faves are identified with the GOP's socially liberal Chafee-Snowe wing, all four (unlike, say, Sen. Cornyn) have repeatedly broken partisan ranks to side with the Democrats and the organized bar against liability reforms. In fact, Sens. Graham, Martinez and Crapo all practiced as plaintiff's lawyers before coming to the Senate. Could it be that Sen. Reid is ready to sell out the interests of his party's social-liberal faction in order to protect the interests of its organized-lawyer faction?

As for President Bush, presumably he shares Justice O'Connor's view that the courts should take the lead in curbing unneeded litigation. If so, it would make sense for him to turn to one of the many appellate judges--Frank Easterbrook of the Seventh Circuit, Edith Jones of the Fifth, Michael McConnell of the 10th, Alex Kozinski of the Ninth, among others--whose writings and opinions have shown a keen awareness of the relevant issues. Sen. Reid might be disappointed, but who said life is perfect?

Mr. Olson, senior fellow at the Manhattan Institute, is author of "The Rule of Lawyers" (St. Martin's Press, 2003).



To: SiouxPal who wrote (690806)7/7/2005 7:30:26 PM
From: Hope Praytochange  Respond to of 769670
 
Democrats are trying to keep alive the threat of filibustering President Bush's Supreme Court nominee. New York's other senator, Chuck Schumer, "said yesterday that Democrats on the Senate Judiciary Committee are prepared to use judicial philosophy as justification for thwarting any of President Bush's nominees to replace Justice O'Connor," reports the New York Sun.

"The filibuster is on the table," Sen. Barbara Boxer of California tells the Associated Press. "It's been on the table for 200 years." And Sen. Dick Durbin of Illinois "hinted Democrats will filibuster a Supreme Court nominee they find too conservative," according to the Daily Herald of suburban Chicago--though what Durbin actually said was, "I hope it doesn't happen. I think at the Supreme Court level, it would be troubling. I hope it doesn't come to it. But it may, depending on the nominee."

Of course, actually executing a filibuster will require the cooperation of at least three of the seven Democrats who are on record as agreeing not to do so except in "extraordinary circumstances," as Schumer acknowledges:

"The bottom line is that the agreement said 'extraordinary circumstances,' but it also said the extraordinary circumstances are at the discretion of each of the individual senators," said Mr. Schumer, who sits on the judiciary committee. "So you'd have to ask each of them, they signed it. But I've talked to some, and of course judicial philosophy could be within in the realm of extraordinary circumstances. For me, for sure, and I think for the people who signed the agreement, most of them."

The Washington Post talks to four of the compromising Democrats, all of whom seem to be keeping their options open:

"In my mind, extraordinary circumstances would include not only extraordinary personal behavior but also extraordinary ideological positions," said Sen. Joseph I. Lieberman (D-Conn.). . . .

Sen. Mary Landrieu (D-La.), one of the 14 who fashioned the agreement, said through a spokesman: "A nominee's political ideology is only relevant if it has been shown to cloud their interpretation of the law. . . . A pattern of irresponsible judgment, where decisions are based on ideology rather than the law, could potentially be 'extraordinary.' "

Sen. Ken Salazar (Colo.) rejected Republican assertions that he and other Democratic signers must accept a nominee as conservative as Janice Rogers Brown, now confirmed to a seat on the U.S. Court of Appeals for the District of Columbia Circuit, because the agreement allowed her confirmation. "It didn't set a standard" for Supreme Court confirmations, Salazar said. "We would leave it up to each person to define what extraordinary circumstance means."

Sen. Ben Nelson (D-Neb.), however, said judicial activism concerns him more than ideology. "Are they going to be an activist?" Nelson asked rhetorically in discussing what might cause him to filibuster a Supreme Court nominee. "Their political philosophy may not bother me at all if they're not going to be an activist."

A fifth compromising Democrat, Arkansas's Sen. Mark Pryor, is similarly vague in an interview with the Christian Science Monitor:

A test case of the agreement is whether a nominee as conservative as Janice Rogers Brown, confirmed to the D.C. Circuit Court of Appeals, could get past a filibuster threat for the Supreme Court. Senator Pryor says it's not clear. "Every nomination is different. . . . I would hope that Janice Rogers Brown would not ever be considered for the US Supreme Court. But I'd like to reserve judgment on that. I may be wrong about her. She may get on the D.C. circuit and be a wonderful surprise. I may change my mind on her over time. Let her have some time to develop there and show what sort of judge she may be," he said.

We couldn't find any comments from the remaining two compromising Democrats, Robert Byrd of West Virginia and Daniel Inouye of Hawaii.

Of course, talking about a filibuster is quite different from actually carrying one out. Each of the seven compromisers--as well as the five other Democrats we identified last month as disinclined to filibuster--will have to decide for himself if filibustering is worth the political price.

It's worth noting that the Democrats have not actually filibustered a single judicial nominee during this Congress, so the threat to do so may turn out to be an empty one. And if not, the Republicans can always fall back on the nuclear option, which they're entitled to do if the compromising Democrats violate the agreement.

Hey, Anything Can Happen
The Associated Press reports from Washington that Chief Justice William Rehnquist "could join O'Connor in retiring, setting the stage for a double nomination and Senate confirmation fight. Or he could remain on the job, overseeing the court through its first turnover since 1994. So far Rehnquist, who is 80, has given no hints."

Of course, Justice John Paul Stevens could join O'Connor in retiring, or he could remain on the job. So could any of the six other justices. What exactly is the news here?

Sanguine Journalism
Do we detect a trend here?

"There is a risk that the White House will be completely sidetracked by a sustained and bloody judicial fight, and the nominee may not be confirmed."--Oxford Analytica/Forbes.com

"A bloody, divisive fight in the Senate with a filibuster and the nuclear option may be unavoidable."--columnist Dale McFeatters

"Both sides are preparing for a bloody political battle following Friday's resignation of Justice Sandra Day O'Connor."--Reuters

"And so the country takes a brief breath before what promises to be a politically bloody summer with probably two Supreme Court seats up for grabs."--TheModerateVoice.com

"Some conservatives are currently worried that Bush might actually opt to placate the opposition, out of a concern that a bloody Senate battle would stall the rest of his agenda."--Knight Ridder

"Among the names mentioned in this mould are current appeal court justices Michael Luttig and Emilio Garza; but that sort of nomination would provoke a bloody fight with Democrats and left-wing pressure groups."--Times (London)

"If the President pushes for a conservative, names already mentioned include Appeal Court justices Michael Luttig and Emilio Garza. But the appointment of either would likely lead to a bloody showdown with the Democrats and, in turn, to a filibuster."--Australian

"Although the vast majority of his lower-court nominees have won Senate confirmation, Bush has consistently opted for bloody battles with Senate Democrats over his most controversial appointments. With the main event now upon him, will he change his approach? Both for the country and for him, it would be the right decision."--editorial, Newsday (Long Island, N.Y.)

"The White House said Bush won't announce a nominee until at least July 8, after he returns from a trip to Europe, but the fight over that nominee is looking to be bloody."--Baltimore Sun

"Editorial: Bloody Fight Need Not Occur"--headline, Milwaukee Journal Sentinel

"It would be nice to be able to hope that President Bush will actually try to pick a candidate who would be acceptably conservative, not extremist, and avoid a bloody, protracted, polarizing battle over this, including yet another fight over the 'nuclear option.' "--Gara LaMarche, HuffingtonPost.com

"Does Bush want his legacy to be a justice of unassailable credentials and admirable intellect who carefully and honestly evaluates cases without a preconceived agenda? Or does he want to be remembered for stoking a bloody confrontation that allows the most ferocious political extremism on both ends of the spectrum to devour the nominee and any vestiges of good will in the capital?"--editorial, Fort Worth Star-Telegram

"A bloody, no-win battle can be headed off if elected leaders resolve that there will be no litmus tests and no ideologues when it comes to this succession."--editorial, Indianapolis Star

"Leon Panetta was the chief of staff in the Clinton White House, and he says, given the polarised nature of the American electorate at the moment, he hopes the nomination process won't be bloody."--Australian Broadcast Corp.
What Would Hollywood Do Without Insiders?
"In speculating about why moviegoing is down this summer insiders are starting to ask if there's a disconnect between the public and Hollywood over politics and social issues."--Hollywood Reporter, July 6



To: SiouxPal who wrote (690806)7/7/2005 7:32:33 PM
From: jlallen  Read Replies (1) | Respond to of 769670
 
Mostly.....I admire how crazy he makes all you pinheads....



To: SiouxPal who wrote (690806)7/7/2005 7:33:37 PM
From: Hope Praytochange  Respond to of 769670
 
The Roe Effect
The right to abortion has diminished the number of Democratic voters.

BY JAMES TARANTO
Wednesday, July 6, 2005 12:01 a.m. EDT

Roe v. Wade is a study in unanticipated consequences. By establishing a constitutional right to abortion, the justices of the U.S. Supreme Court no doubt thought they were settling the issue for good, accelerating a process of liberalization that was already under way in 1973. But instead of consensus, the result was polarization. The issue of abortion soon after, and for the first time, took a prominent place in national political campaigns. By 1980, both major political parties had adopted extreme positions--Republicans favoring a "pro-life" constitutional amendment to ban abortion, and Democrats opposing virtually all regulation on "pro-choice" grounds. Every presidential and vice-presidential nominee since then has toed the party line on abortion.

Polarization over abortion coincided with a period of Republican ascendancy. Since the parties split on abortion, the GOP has won five of seven presidential elections, and no Democrat has had a majority of the popular vote. Republicans took over the Senate in 1980, and both houses of Congress in 1994. Obviously, many other factors have contributed to Republican success, but it is hard to look at these results and conclude that abortion has been a winning issue for the Democrats. Thus, the politics of abortion has favored the party that opposes the court-imposed "consensus."

This is not to say that America has embraced the near-absolutist pro-life position that the Republican Party formally endorses. Most Americans are moderate or ambivalent on abortion, rejecting the extreme positions on either side. One reason Republicans have an advantage is that as long as Roe remains in effect--taking off the table any restriction that imposes an "undue burden" on a woman seeking to abort her pregnancy--Republicans are an extreme antiabortion party only in theory. When it comes to actual legislation, the GOP favors only modest--and popular--regulations. The Democrats, on the other hand, must defend such unpopular practices as partial-birth abortion, taxpayer-subsidized abortion, and abortions for 13-year-olds without their parents' knowledge.

Compounding the GOP advantage is what I call the Roe effect. It is a statement of fact, not a moral judgment, to observe that every pregnancy aborted today results in one fewer eligible voter 18 years from now. More than 40 million legal abortions have occurred in the United States since 1973, and these are not randomly distributed across the population. Black women, for example, have a higher abortion ratio (percentage of pregnancies aborted) than Hispanic women, whose abortion ratio in turn is higher than that of non-Hispanic whites. Since blacks vote Democratic in far greater proportions than Hispanics, and whites are more Republican than Hispanics or blacks, ethnic disparities in abortion ratios would be sufficient to give the GOP a significant boost--surely enough to account for George W. Bush's razor-thin Florida victory in 2000.
The Roe effect, however, refers specifically to the nexus between the practice of abortion and the politics of abortion. It seems self-evident that pro-choice women are more likely to have abortions than pro-life ones, and common sense suggests that children tend to gravitate toward their parents' values. This would seem to ensure that Americans born after Roe v. Wade have a greater propensity to vote for the pro-life party--that is, Republican--than they otherwise would have.

The Roe effect would have made itself felt before post-Roe children even reached voting age. Children, after all, are counted in the population figures that determine states' representation in Congress and the Electoral College. Thus, if the greater prevalence of abortion post-Roe affected statewide fertility patterns, the results would have begun showing up after the 1980 reapportionment--in the 1982 election for Congress, and the 1984 election for president.

The first post-Roe babies reached voting age in 1991, in time for the 1992 election. In 1992 the Roe effect would have been minimal, since it was limited to a small segment of the electorate (18- and 19-year-olds), who tend not to vote. The affected segment of the population grows with each election, ranging up to 23-year-olds in 1996, 27-year-olds in 2000, and 31-year-olds in 2004. The Roe effect is compounded over generations. Children who are never born do not have children or grandchildren.

Critics of the Roe effect hypothesis point out that abortion does not necessarily diminish a woman's lifetime fertility. A woman may, for example, have an abortion while in college, but later marry and bear children--children she might not have had, had she been forced to carry her collegiate pregnancy to term. Yet it is not clear how much this might mitigate the Roe effect. Some women do abort their final pregnancy, and delayed childbearing is one manifestation of the Roe effect. If a woman has a child at, say, age 30 rather than 20, one additional census passes before the child counts toward his state's congressional and electoral college apportionment, and two or three presidential elections pass before he reaches voting age. The compounding element applies here as well; if a woman has a daughter at 30 rather than 20, the daughter reaches childbearing age a decade later than she otherwise would have. Moreover, attitudes about abortion and politics are subject to change with age and experience, and usually in a conservative direction. Thus, some women who delay childbearing contribute to the Roe effect on both ends: by having abortions when they are young, single, and pro-choice, and by bearing children when they are older, married, and pro-life.

Has the Roe effect borne itself out in practice? The results are mixed. In terms of reapportionment, the trend is decidedly in favor of Republican states. The 30 states George W. Bush carried in 2000 had 271 electoral votes, a bare majority. Reapportionment after the 2000 census increased that number to 278. In the 1980s, they were worth only 267 electoral votes, not enough for a majority; in the 1970s, 260. The trend continues: Of the 10 fastest-growing states in 2003-04, Bush carried nine in 2004. (One of them, New Mexico, went for Al Gore four years earlier.)
But Roe effect doubters can point to 2004 exit-poll results that found 18- to 29-year-old voters--i.e., those born after 1975, who correspond closely with the post-Roe generation--were the only age cohort that supported John Kerry over Mr. Bush, by 54% to 45%. Yet caution is in order in interpreting these results. The Roe effect does not predict that younger voters will be more apt to vote Republican than older ones, only than they otherwise would be. Putting the Roe effect to a real test will require a longitudinal look at these voters. How will their voting pattern change, as they grow older and more settled? In any given year, the youngest age cohort will include a high proportion of lower-income and never-married voters, both traits that are highly correlated with voting Democratic. Marriage, in particular, tends to correspond with conservative attitudes on abortion and other social issues, and therefore with voting Republican. According to 2004 exit polls, Mr. Bush outpolled Mr. Kerry among married voters, 57% to 42%, while Mr. Kerry beat Mr. Bush among singletons, 58% to 40%.

Peculiarities of the 2004 campaign might also have maximized Mr. Kerry's performance among young voters. The Democratic get-out-the-vote effort placed heavy emphasis on the youth vote, employing pop-cultural icons and exploiting the fear of a military draft. The strong youth vote for Kerry may prove to have been less a trend than a spike.

While the Roe effect may give Republicans an advantage, it obviously is insufficient to win elections. National security and the economy still loom larger than abortion in most voters' minds. And although no Democratic candidate since 1976 has won a popular-vote majority, pro-choice candidates collectively (including Ross Perot and Ralph Nader) did so in the three elections from 1992 to 2000. Further, the Roe effect does not necessarily mean that younger voters will end up conservative on cultural issues other than abortion. Opinion polls consistently show, for example, that the young are far more favorable toward same-sex marriage than their elders. This should not be surprising. Even if their parents tend to be conservative, they grew up in a society far more accepting of homosexuality than the one in which earlier generations came of age.

And if Republicans keep winning the presidency and appointing Supreme Court justices, Roe v. Wade may eventually be overturned. (This almost certainly would have happened in 1992 if the Senate had approved Robert Bork's confirmation five years earlier.) If Roe goes by the boards, one would expect fertility to increase in states that outlawed abortion, which would presumably be largely conservative and Republican ones. If the Roe effect continues to operate, though, it would make those states more Democratic and liberal, since women who otherwise might get abortions would no longer have the option in their home states. But in the end, that may not matter. If Roe were overturned, the politics of abortion would change dramatically, and in the Democrats' favor. With the legality of abortion itself on the line, the debate would shift away from the pro-choice extremes, forcing pro-choice politicians to take a more centrist (and popular) position. Republicans would be torn between their antiabortion base and more moderate voters, for whom an outright ban on abortion is a bridge too far.
The best solution for both parties would likely be a return to the status quo ante Roe--that is, for Congress and the president largely to ignore abortion, and leave its regulation to the state legislatures. This would allow politicians, Democrat and Republican alike, to tailor their views to match those of their constituents and their own consciences, and it would remove abortion as a polarizing issue from national elections. Thus, one might say that both Roe and the Roe effect contain the seeds of their own demise.

Mr. Taranto is editor of OpinionJournal.com. This article appears in the July/August issue of Society, published by Transaction Publishers.



To: SiouxPal who wrote (690806)7/7/2005 7:40:45 PM
From: Proud Deplorable  Respond to of 769670
 
Here's what I admire about bush:

stpeteforpeace.org

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