Lex Rex

verbum sat sapienti

Lex Rex

Monday, January 03, 2005

Pickering Our Battles

Kelley Beaucar Vlahos writes on Fox that the "Pickering Battle [is] a Symbol of Ideological War." Pickering, now free to speak as a retiree,

"The mean-spiritedness and lack of civility reduces the pool of nominees willing to offer themselves for judicial service, he said in his prepared statement. Extreme special interest groups opposed my nomination, primarily due to their hostility to any nominee with strong religious convictions these groups believe nominees with committed religious values are not qualified to serve on America's federal courts."

And herein lies the most important battle over the next four years. We can hold congress at bay with a Republican majority, and the White House is occupied by friendlees, but what of the judiciary? Pickering continued:

"It was an abuse; an unprecedented abuse. It was a misuse of race, it was an attack on Mississippi and an attack on religion, .... It was wrong in the 1950s and 1960s for segregationists in the South to use race to divide us and it is wrong in the 21st century for people to inappropriately use race to divide us."

But some good news:

Pickering said he is convinced that the Republican victories in the November election indicate that Americans are not fooled by smear campaigns and filibusters.

I do think that when you take all the judicial nominees who were filibustered, and combine that with the action of the judges in Massachusetts redefining marriage and the judges in California changing the Pledge of Allegiance I think Democrats paid a terrifically high price because of that.

They won the battle in the nomination filibusters, but in the end they lost the war."

What has perplexed me on this issue is the belief that any nominee was ever filibustered. I do not recall a filibuster, only a threat of one. I have to believe that had Pickering allies burned the midnight oil on such a real filibuster, we could have out lasted the pansies on the other side of the aisle and broke the filibuster. One such victory and the dam of unconfirmed nominees would have quickly broke with a flood of common sense flowing through the judicial branch. And imagine what we could have used our filibuster time for? How about pickering through every Democrat Senator's record on the hill; start with the pork and end with the tax increases. Or a reading and re-reading of the Constitution and Declaration ad infinitum until the left cry ad fidem to the principles of liberty. There is a strategy short electing 60 Republicans by 2006, will the spirit of our founding fathers prevail upon those in the Senate or will we pretend to be defeated by ghost filibusters?