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July 2, 2005
Democrats Go On Offensive, In All Senses Of The Word

The Democrats wasted no time coming out on the offensive against George Bush and the upcoming Supreme Court nomination. Senators from the minority caucus isseud warnings yesterday that they fully intend to continue their obstructionist tactics unless Bush meets with them in person to get their prior approval on any candidate:

Capitol Hill braced yesterday for the first Supreme Court confirmation fight in nearly 11 years, and Democrats warned President Bush to consult them "face-to-face" before offering a replacement for Justice Sandra Day O'Connor. ...

Sen. Charles E. Schumer, New York Democrat and a member of the committee, told reporters it would be "a shame" if Mr. Bush makes his nomination "without real face-to-face, back-and-forth consultation." Democrats argue that this is the correct meaning of the Senate's constitutional "advice and consent" role.

No it isn't, and no Senate has ever demanded such a process from a President in American history. The Democrats have continued twisting the words of the Constitution and the precedent of over 200 years in an effort to simulate power that the electorate has denied them. In our history, advice and consent came out of the confirmation process within the Senate, not from some pre-approval standard that Schumer and the rest of the Democratic caucus now demands. These demands just provide the latest excuse that the Democrats will offer to claim any nominee as an "extraordinary circumstance" and attempt a filibuster.

In order to be successful in that endeavor, the Democrats have to properly set the stage. Yesterday, they launched their masters of hyperbole to do just that. Ted Kennedy and the abortion-rights lobby didn't even wait for the ink to dry on Justice O'Connor's resignation:

"If the president abuses his power and nominates someone who threatens to roll back the rights and freedoms of the American people, then the American people will insist that we oppose that nominee -- and we intend to do so," Sen. Edward M. Kennedy, Massachusetts Democrat and member of the Judiciary Committee, said.

Excuse me, but how does nominating a justice equal an "abuse of power"? While the Constitution explicitly gives restrictions on those who seek elective office -- mostly age restrictions -- it gives no such prerequisites for a Supreme Court justice. In fact, one does not even have to be a lawyer to be nominated and confirmed to SCOTUS, although no one in this age would dream of trying to nominate a layman. (Captain Ed for SCOTUS!) Kennedy uses the phrase "abuse of power" to deliberately make it sound as if Bush will try something illegal in nominating someone to fill the opening.

However, if Kennedy gets hyperbolic, then the abortion-rights groups sound positively insane:

A group of liberal activists reserved a room across the hall from the Senate chamber yesterday to add their warnings, calling the abortion rights as upheld by Justice O'Connor the most fundamental American freedom.

"On Independence Day weekend -- as we all celebrate the freedoms that make America so special -- there is no freedom more fundamental to our rights than the ability for women to decide whether and when to parent," said Karen Pearl, interim president of Planned Parenthood Federation of America.

So that's why our Founding Fathers created the first representative, democratic republic -- so that women could get abortions! Now I recall that every Fourth of July, we set off those fireworks and gave thanks that we escaped the evil tyranny of England, who had outlawed Planned Parenthood. Meanwhile, the FEC restricts political speech and New London confiscates private property to give it away to rich developers, but thank God some generic Higher Power that we can celebrate our most fundamental freedom, one that is so fundamental that one cannot even find a mention of it in our Constitution.

Why would George Bush take advice from this gang of idiots? In fact, why does anyone?

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Posted by Ed Morrissey at July 2, 2005 8:09 AM

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