Litmus Test

16 February 2005



Bush Resubmits 20 Judges to Senate for Confirmation

Having won a second term in office, President George W. Bush believes he is entitled to a certain degree of deference from the Republican-controlled Congress. Perhaps, he is, but he isn’t entitled to deference from Democrats on issues fundamental to their party. Mr. Bush has resubmitted 20 names of judges he wants confirmed, some of whom were blocked by Democrats in the Senate in his first term. The nation is about to find out if the Senate Democrats under Harry Reid are going to be a party of opposition or a party of accommodation.

Despite the right-wing whining to the contrary, some 90% of Mr. Bush’s judicial appointees were confirmed in his first term. That doesn’t look remotely like obstructionism, nor does it suggest that there are countless courts without adequate numbers of bottoms on benches. It does look like the Democrats played some politics with these votes. Imagine, politicians playing politics with their votes in a legislature. Next, there will be gambling in Law Vegas.

For the Democrats, the issue is simple enough. If these judges were not qualified to take up their places before, they are unfit still. If their positions were held up to gain leverage over other matters, then let the horse trading begin. But if these judges get Democratic votes simply because the president got re-elected, then shame on them.

Because of the Senate rules a simple majority will confirm these nominees, but it takes more than a simple majority to end debate and bring the question to a vote – 60% of the Senate must vote that way. Senate Majority Leader Bill Frist (R-TN) has said that he may alter that rule, requiring the GOP to muster only 55 votes to end debate; coincidentally, that is the very number of seats his party holds.

The Democrats may want to let him do just that. Nothing offends the fair-mindedness of the American people more than someone who changes the rules to suit himself. Moreover, as Senator John McCain (R-AZ) has noted, this would be fine if the GOP were going to be in the majority forever. But when a Democratic president with 55 Senators on his side jams things down Republican throats, no one on their other side of the aisle will be in a position to complain. Something about being careful what one wishes to receive.



© Copyright 2005 by The Kensington Review, J. Myhre, Editor. No part of this publication may be reproduced without written consent.

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