The Democrats aren't prejudiced--they bork everybody.

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May 8, 2002
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http://www.opinionjournal.com/editorial/feature.html?id=110004166
Rainbow Filibuster Coalition
The Democrats aren't prejudiced--they bork everybody.

Wednesday, October 15, 2003 12:01 a.m. EDT

Senate Democrats are preparing to filibuster more of President Bush's appeals court nominees, making it a good time to note that the original meaning of the word "filibuster" was "pirate."

The 17th-century marauders known as Filibustiers pillaged the Spanish colonies in the West Indies, slashing and burning as they went. The Democratic minority in the Senate is rampaging through the Constitution, trampling on 200 years of practice in confirming federal judges by simple majority vote. As the list of victims mounts, it's also instructive to note the rainbow coalition that Democrats find unacceptable.

Six of them are pictured nearby. All of them come with the endorsement of the bar. All have been approved by the Senate Judiciary Committee and all have enough Democratic support to be confirmed on the Senate floor.

Yet all are being blocked by a liberal minority that is overruling the results of the past two elections by imposing a new 60-vote super-majority qualification on the Constitution's advise and consent clause. The nature of Democratic objections to these nominees reveals what a raw power play this is. There's always some new excuse that provides some political cover.


Honduran immigrant Miguel Estrada's sin was that the Bush Administration refused to release internal memos he wrote while serving in the Clinton Justice Department. Never mind that no Justice Department would release such private communications, and that the two Democratic Solicitors General he worked for testified to his integrity and ability to enforce laws he disagrees with. After 28 months of waiting to get a vote, Mr. Estrada decided to withdraw his nomination and get on with his life in August.


Texas Supreme Court Justice Priscilla Owen is unacceptable because she voted to uphold a state parental-notification law on abortion. That law is very precise about the conditions under which a parent must be informed. Nine times she voted to let the girl have the abortion but three times she ruled that a parent must be notified. Somehow this makes her "extreme."


Alabama Attorney General William Pryor has also run afoul of the Democratic abortion litmus test. Though he's vowed to follow the law and says he would uphold Roe v. Wade, he made the mistake of saying that he agrees with JFK Supreme Court Justice Byron White that Roe was wrongly decided.
 
May 8, 2002
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California Superior Court Judge Carolyn Kuhl is next up on the Democrats' Most Unwanted List. While a junior attorney at the Reagan Justice Department, she defended the tax-exempt status for Bob Jones University as a point of administrative law. She did not defend Bob Jones's racial policies, but among liberal Democrats this qualifies you for a lifetime ban.


Then there's Charles Pickering, who was re-nominated after the Democratic-controlled Judiciary Committee killed his appointment in 2002. Mr. Pickering is accused of racial insensitivity despite a record of personal courage in promoting racial harmony in his home state of Mississippi and despite a raft of testimonials from local African-Americans.


Coming up on the filibuster hit parade is Henry Saad, an Arab-American nominated for the Sixth Circuit. Mr. Saad's bad luck is to hail from Michigan, where Senators Carl Levin and Debbie Stabenow are conducting a feud over two Democratic candidates blocked by Republicans during the Clinton Administration. Three more Michigan nominees are also candidates for filibusters once they get out of committee.

And then there's Janice Brown, an African-American on the California Supreme Court nominated for the D.C. Circuit. Democrats are plowing for any excuse to filibuster her, lest Mr. Bush someday decide to promote her to the U.S. Supreme Court. Modern liberalism's ultimate nightmare is a black conservative woman in a position of moral authority.

The only thing these nominees have in common is that they were nominated by a GOP President and share a conservative view of the law. Far from being radical or extreme, their views are shared by tens of millions of Americans--a majority if the results of the past two elections count for something. If Democrats want to dictate who can sit on the federal bench, they can always take the issue to the voters and win either a Senate majority or the White House. They shouldn't be allowed to hijack the confirmation process.