Monday, December 18, 2006

Time To Call the Wah!-mbulance

The November eelection results continue to reverberate as the fact of a Democratic congress begins to sink in. If Democratic Senator Tim Johnson recovers, as now seems more likely, appointments to the federal judiciary will have to pass through a Senate controlled by the Democrats. One of the most conservative federal appeals courts has three openings, and will soon have a fourth. An article in today's Washington Post points out some of the frustrations now being expressed by the right with respect to control of the judicial philosophy of the Fourth District Court of Appeals.

A growing list of vacancies on the federal appeals court in Richmond is heightening concern among Republicans that one of the nation's most conservative and influential courts could soon come under moderate or even liberal control, Republicans and legal scholars say.

A number of prominent Republican appointees have left or announced plans to leave the U.S. Court of Appeals for the 4th Circuit, which has played a key role in terrorism cases and has long been known for forceful conservative rulings and judicial personalities.

...During the Bush administration, the 4th Circuit has been the court of choice on national security, issuing key rulings that backed the government on the detention of enemy combatants and the prosecution of Sept. 11, 2001, conspirator Zacarias Moussaoui....
[Emphasis added]

Besides being the venue of choice for national security issues, this circuit has also been the venue of choice for other conservative issues. One "forceful conservative ruling" suggested that the Miranda Warning to arrestees was not essential, a holding that the Supreme Court knocked down.

It's instructive to see just who is whining the most over the current state of political affairs.

"I think everyone is concerned because the 4th Circuit literally hangs in the balance here," said Jay Sekulow, chief counsel for the conservative American Center for Law and Justice, who has advised the White House on judicial nominees. "With the nature of the cases the court has been taking, especially on the terrorism issue, its direction is really critical."

...Jan LaRue, chief counsel for Concerned Women for America, said she and other conservatives are disappointed with Bush and Senate Republicans for not pushing harder to fill the vacancies before losing control of the Senate.

"Now all they've done is managed to kick the can down the road, and we've lost the majority," said LaRue, whose group advocates for conservative jurists. "That circuit in the wrong hands could certainly move toward the center-left."
[Emphasis added]

Mr. Sekulow established his street cred with an ongoing series of suits to force such issues as prayer in the schools and other demands from the Religious Reich on the nation. That he has "advised the White House on judicial nominees" comes as no surprise, given this administration's preference for this segment of the citizenry.

Ms. LaRue's organization (which is misnamed, given that the leadership is mostly male) is another right wing outfit which fights against women's reproductive rights as often as it does for conservative jurists. It is certainly understandable that Ms. LaRue fears the circuit will be moving "toward the center-left."

The fact that this nation just moved "toward the center-left" must frighten the hell out of all the right-wing extremists.

Good.

Labels: ,

0 Comments:

Post a Comment

<< Home