Another thing Republicans cannot do is to keep liberal activists off the federal bench. In the Bush years many of them went on record saying that it is unfair, and maybe even unconstitutional, to deny confirmation to judicial nominees who had the support of 51 senators. They cannot all credibly flip-flop now. What Republicans can do, however, is to spotlight the most outrageous nominees, particularly the ones who have shown a proclivity for using judicial power to promote liberal social values, and use adverse publicity to block them. They can also spend time making the case for a judiciary confined to its proper constitutional role. An extended, slowed-down debate on judicial nominees is in the party’s interest. (And if it takes time away from the rest of Obama’s agenda, so much the better.)Despite another judicial hijack of popular sovereignty this week, agreed (and see here on why the filibuster is unconstitutional when providing "advice and consent" under the "appointments clause").
Saturday, April 04, 2009
Ramesh Ponnuru in the April 20th National Review on dead tree (subscription only; at 16):