The Senate Judicial Filibuster: Power Politics & Religious Bigotry

A Wall Street Journal editorial entitled "How We Got Here: Why Republicans can't let the judicial filibuster succeed" states:

…On the eve of this brawl, it's worth recalling how we got here. Our own choice for what started the modern bitterness would be 1987 and the Robert Bork fight…the trashing of such a widely respected jurist marked that date as the one when nominations became political campaigns. During the Clinton years some GOP Senators returned the favor by delaying or blocking individual nominees. But even when Republicans had a Senate majority, there was nothing comparable to the demolitions of Mr. Bork or Clarence Thomas.

The judicial filibuster of the last two years marks another political escalation…

The audacity of the Democrats' radicalism is illustrated by the breadth of their claims against the nominees. It isn't just one nominee they object to; it's 10, and counting. It isn't just abortion they're worried about but the entire range of constitutional law.

Priscilla Owen is said to be a judicial "activist" for a decision interpreting Texas's law regarding parental notification of teens seeking abortions. Janice Rogers Brown is "against" affirmative action and speaks bluntly in public. Brett Kavanaugh is portrayed as a radical for defending executive privilege. William Pryor is hit on the First Amendment. Richard Griffin is "anti-union" and "anti-worker." William Myers is "hostile" to the environment. Every one is labeled an "extremist" and unacceptable no matter their experience or their "well qualified" ABA rating.

This also marks a political escalation in reaching below the Supreme Court to the circuit courts of appeal…

They are going to such bitter lengths, we suspect, precisely because they view the courts as their last hold on federal power. As liberals lost their majority status over the past 30 years, they have turned increasingly to the courts to implement their political program. If Democrats succeed in blocking these nominees, they will feel vindicated in their view that judicial activism pays. They will also conclude that Senate obstructionism works, and so will dig in for more of it…

…Democrats who point to other judicial filibusters are deliberately confusing the distinction between a filibuster and a vote for "cloture," or to end debate…

This is at its core a political fight, and elections ought to mean something. Republicans have gained Senate seats in two consecutive elections in which judicial nominations were among the most important issues…

Robert Novak's latest editorial entitled "Judges' financial info sought" shows how the raw exercise of power politics behind the filibuster is escalating even further now:

On May 5, the U.S. Judicial Conference in Washington received a request from a Mike Rice of Oakland, Calif., for the financial disclosure records of U.S. Appeals Court Judge Edith Jones (5th Circuit) of Houston. A 20-year veteran on the bench, Jones is a perennial possibility for the U.S. Supreme Court. The demand for her personal records is part of a major intelligence raid preceding momentous confirmation fights in the Senate.

Jones was not alone as a target, and Rice is not just a nosy citizen. He and Craig Varoga, a former aide to Senate Minority Leader Harry Reid, are partners in a California political consulting firm. Their May 5 petition requested financial information on 30 appellate judges in all but one of the country's judicial circuits, including nine widely mentioned Supreme Court possibilities. Varoga & Rice's client: NARAL Pro-Choice America.

Nobody can recall any previous mass request for such disclosures by federal judges. This intelligence raid is financed by the abortion lobby, but it looks to Republicans like a front for Reid and other senators who will consider President Bush's appointments for Supreme Court nominations...

While Rice bills himself as an "expert" on "state public-records laws," his special field has been negative research probing the background of political foes...

...But compiling financial profiles of judicial nominees plows new ground...

The abortion advocacy group surely was not asking the judges' views on abortion. Nancy Keenan, who has been NARAL's president some five months, told this column her organization is concerned about "out of touch theological activists" becoming judges. Why seek financial information from them? She said the disclosure information might help identify the "character" of judicial nominees...

To which this Power Line posting entitled "Anything goes if you're planning to attack believing Christians" notes:

...The statement of Nancy Keenan, NARAL's president, is also revealing. She told Novak that her organization is concerned about "out of touch theological activists" becoming judges. What does financial information have to do with this? Keenan says the disclosure information might help identify the "character" of judicial nominees. That's an interesting twist -- when caught with her pants down, Keenan reverts to a facially absurd "we're protecting the country from the God-fearing" defense. The left has journeyed very far, fairly fast...

Remember how the Democrats blasted Senator Frist for suggesting that their opposition to President Bush's nominees had anything to do with religion? "Out of touch theological activists" are, I think, the same people as those who have "deeply held religious beliefs."

In addition, Stanley Kurtz has these comments in a posting entitled "It's What You Believe:"

When asked why her organization was going after these nominees, NARAL president Nancy Keenan said that her organization was concerned about "out of touch theological activists" becoming judges. Now that’s interesting. I thought opponents of the president’s nominees were only concerned about judicial philosophy, not religious belief. Do you suppose [the mainstream media] will now come down on Keenan for injecting religion into politics? Will [the mainstream media] now acknowledge that the president’s nominees are indeed being targeted because of their faith? Will pigs fly?

In a posting entitled "Hating Their Religion," Liberty Files offers these thoughts:

...Essentially, they are looking for the indicia of the serious practice of faith in order to use that as ammunition to slime them as an intolerant religious hack, their premise being that people of sincere faith cannot be effective judges because they will reflexively legislate the Bible.

But NARAL is not concerned about fitness of judges anymore than it is concerned about the health of the mother after an abortion takes place. This plan is rooted in radical left's increasingly conspicuous anti-religious bigotry, and is an effort to portray people of faith as out of the mainstream nuts because they hold a set of unchanging beliefs and vocally object to the moral lawlessness of the left. Listen to their rhetoric and then replace the term "Christian" with "Jew", and the historical parallel will become clearer. NARAL's hope is that real faith, rather than being an admirable personal attribute, will become a skeleton in the closet, so that they can count on moral relativist activist judges and politicians who will maintain the abortion status quo and effectuate the social agenda of the left.

They accuse Christians of being hatemongers, but watch the behavior of these radicals carefully--they commit the very evils of which they accuse their opponents. They are discriminating based on religion. They behave as madmen. They don't argue facts, but only innuendo, prejudice and emotion, hoping that they can scare people into their viewpoint...

A JunkYardBlog posting entitled "An Admission" has this to say:

"Out of touch theological activists." That is a phrase that Andrew Sullivan is sure to love and support, but to the rest of us it can be explained in two words: religious bigotry. NARAL has admitted now that it is applying a religious test to the president's nominees, and NARAL is one of a handful of groups controlling the Democrats on the Senate Judiciary Committee. Therefore the Democrats are engaged in religious bigotry, and are conducting an unconstitutional religious test upon judicial nominees.

Game, set, match. Now let's blow that non-filibuster filibuster out of the water.

Now, again, ask yourself who are really the theocrats threatening liberty in this equation?

For more on the judicial filibusters by Democratic Senators, go here and here.

For more on the fundamentalism of the secular left, go here, here, here, here, here, and here.