Sunday, February 27, 2005

More Grist For The "Nuclear" Option

Double-H reports the results of Vox Blogoli 2.2:

Vox Blogoli 2.2, on the question of how the Senate GOP ought to respond to Senate Democrats' obstructionism on judges, is closed. More than 80 postings were made in response to the symposium, and less than 5% called for accommodation to the Democrats. There's a message for the GOP leadership in that: There is no constituency for patience any longer. Change the Senate's rules if there is a filibuster of a single nominee.

As if to confirm the battle lines as drawn, Senator Joe Biden (D-DE) has declared his opposition to the possible elevation to Chief Justice of Associate Justice Antonin Scalia:

"I would spend a lot of time making the case he shouldn't be chief justice," Biden told NBC's Meet the Press on Sunday.

This despite the fact that Biden voted to confirm Scalia when he was first appointed to the High Court back in 1986.

Biden insisted that his about-face on Scalia had nothing to do with the justice's conservative views. "I would oppose him because of his methodology, the way he interprets the Constitution," he explained.

In other words, Biden objects to Justice Scalia's conservative views. He confirmed this in his very next comment:

Scalia "thinks there are no such things as unenumerated rights in the Constitution, which fundamentally alters the way in which you read the liberty clause of the 14th Amendment and a whole range of other things," the Delaware Democrat complained, before reiterating, "I would vote no."

The conservative view of "unenumerated rights" is that those are for the legislative process to determine and enact, and that if there is a desire to inject such rights into the Constitution itself, that's what the Amendment process is for. The liberal view is that the legislative process is irrelevant because the Left cannot generate majority support for their extremist agenda, so an oligarchical judiciary is necessary to bypass our democratic institutions and impose that agenda anyway regardless of the will of the majority. And no less a blowhard than Joe Biden has done the nation the favor of specifically "enumerating" that view and the out-of-the-mainstream agenda it seeks to advance.

The Left has gotten so extreme that even the name of their party has become oxymoronic. Ironic given the crusade for democracy that we're carrying on overseas. But if our own democracy is to retain any practical meaning, much less relevance, this judicial confirmation dispute must be brought to a showdown.

Four f'ing years is long enough. It's time to "go nuclear."

Now.