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	<title>Daniel J. Summers &#187; The Judiciary</title>
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	<link>http://daniel.summershome.org</link>
	<description>Charter Member of the VRWC</description>
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		<title>No Nukes Is Good Nukes?</title>
		<link>http://daniel.summershome.org/2005/no-nukes-is-good-nukes</link>
		<comments>http://daniel.summershome.org/2005/no-nukes-is-good-nukes#comments</comments>
		<pubDate>Tue, 24 May 2005 22:30:09 +0000</pubDate>
		<dc:creator>Daniel</dc:creator>
				<category><![CDATA[The Judiciary]]></category>
		<category><![CDATA[compromise]]></category>
		<category><![CDATA[congress]]></category>
		<category><![CDATA[david limbaugh]]></category>
		<category><![CDATA[nominations]]></category>

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		<description><![CDATA[Yesterday evening, Senate Democrats and Republicans came to an agreement on judicial nominations, and the use of the filibuster, to allow most of President Bush&#8217;s nominees to receive floor votes.  Lots of folks are heralding this as a good thing &#8211; but, to me, this is a failure.  It is true that getting [...]]]></description>
			<content:encoded><![CDATA[<p>Yesterday evening, Senate Democrats and Republicans came to an agreement on judicial nominations, and the use of the filibuster, to allow most of President Bush&#8217;s nominees to receive floor votes.  Lots of folks are heralding this as a good thing &#8211; but, to me, this is a failure.  It is true that getting 5 judges voted on (and, most likely, in) is better than none &#8211; but this is the first President in <strong>history</strong> to have his nominations clear the Judiciary Committee (where unqualified judges are generally weeded out), but be filibustered on the floor of the full Senate.  <a href="http://boortz.com/nuze/200505/05172005.html#filibuster">This list,</a> culled from the <em>Washington Times</em> by radio host <a href="http://boortz.com/">Neal Boortz</a>, shows the percentage of nominations by post-WWII Presidents that have been approved.  In prior administrations, the lowest was 77% (JFK), and there were three who were in the 80% range.  President George W. Bush&#8217;s judicial confirmation rate is currently 53.1%.</p>
<p>There are also huge problems wording of the <a href="http://www.nationalreview.com/benchmemos/064035.asp">&#8220;Memorandum of Understanding&#8221;</a> part II.  In it, these 14 folks state categorically that this agreement means nothing (as the &#8220;extraordinary circumstances&#8221; are not defined (how ordinary is a Supreme Court nomination?  not very?)) and that, in effect, the Republican leadership loses (as they agree to not support a rule change, commonly called the &#8220;nuclear option&#8221;).  This is unbelievable to me &#8211; why would 7 Republican Senators go along with such a spineless decision?  <strong>Former</strong> Senate Majority / Minority Leader Tom Daschle (D-SD) was defeated in the most recent election, as the people of South Dakota let the nation know how <em>they</em> felt about his obstructionist tactics &#8211; do these folks have that short of a memory?  Republicans won a clear majority in both houses of Congress, and President Bush was reelected with a clear majority of both the electoral college (which matters) and the American people (which doesn&#8217;t).</p>
<p>My opinion &#8211; nuke &#8216;em.  Invoke the nuclear/Constitutional option, force these people to make a vote <strong>for</strong> obstructionism.  The American people want results, and are growing weary of this unmitigated power grab by the minority party.</p>
<p>And, a few side notes&#8230;</p>
<ul>
<li>Notice in the Memo, that it&#8217;s &#8220;Majority Leader Frist&#8221; and &#8220;Democrat Leader Reid&#8221; &#8211; I&#8217;m pretty sure that Senator Reid&#8217;s title is not &#8220;Democrat Leader,&#8221; but &#8220;<strong>Minority</strong> Leader.&#8221;  Even in a &#8220;bi-partisan&#8221; compromise, the Democrat spin machine is on high.</li>
<li>The stakes are indeed high in this battle.  David Limbaugh (yes, he&#8217;s Rush&#8217;s brother) is an attorney as well as a columnist &#8211; check out his most recent column where he shows how <a href="http://www.townhall.com/columnists/davidlimbaugh/dl20050524.shtml">judicial activism is real, and something that should be fought mightily</a>.</li>
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