Court appointments and politics

Submitted on March 06, 2003

Send to friend Intellectual honesty should lead anyone to acknowledge that the U.S. Supreme Court's Roe vs. Wade decision was an act of judicial legislation. It violated the constitutional specification of separation of powers. By judicial fiat abortion became the law of the land. In 1972 the leadership of the Democratic party made the fateful choice to become the party of abortion. Since that time Democrats in Congress have used every possible tactic to prevent a reversal of legalized abortion either by legislative action or in the judicial system. Perhaps the most memorable example of legislative obstructionism was the infamous blocking of the appointment of Robert Bork to the Supreme Court. There was no question of his qualifications to serve on the Supreme Court, but he had written about the errors in law in the Roe vs. Wade decision. Despite the fact that there are many vacancies in the federal courts and a growing backlog of cases waiting to be heard, Democrats in the Senate have succeeded in blocking confirmation of President George Bush's nominations to the courts. At present the Senate is considering the first nomination of an Hispanic-American, Miguel Estrada, to the U.S. Court of Appeals for the District of Columbia Circuit. He has been certified by the American Bar Association and is well-qualified for this post. Nevertheless, Senate Democrats are carrying out an undeclared filibuster to block his confirmation. If the vote on confirmation were held, it is estimated he would receive at least 55 votes, and only 51 are needed for confirmation. But a motion to end debate requires 60 votes. The undeclared filibuster has now gone on for nearly a month. Democratic senators should be put on notice that their outrageous tactics will not go unnoticed. There has never been a filibuster against such an appointment and the stealth filibuster should be terminated. The 9th Circuit Court of Appeals recently held the Pledge of Allegiance unconstitutional because of the words "Under God." Our courts are clearly in need of fresh insight. The Holy Father has put elected officials on notice that party loyalty is no substitute for fidelity to a well-formed conscience. Doctrinaire liberalism on abortion must not be the litmus test for judicial appointments. The course of Senate Democrats on these nominations is not only politically unwise, but it is also morally bankrupt.