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- Ian Millhiser, Los Angeles Timeswhen Democrats balked at confirming some of then-President George W. Bush's judicial nominees, Senate Republicans widely declared that filibustering a judicial nominee violates the Constitution. Late last month, however, Senate Republicans embraced the tactic, almost unanimously joining a filibuster of professor Goodwin Liu's nomination to a federal appeals court.
now, this counts as hypocrisy, technically, but it also falls under the rubric of "turnabout is fair play". just as with 'corporate contributions', you can oppose a practice and still engage in it if your opponent refuses to comply with your ethical stance.
but, do we not have a richt to expect the a degree of honesty in the arguments against the nominee? The republicans cited Liu's views on welfare, accusing him of "communism" (Grassley, R-Iowa). But, the facts are otherwise.
not happy with that patent lie, they went for more:Liu published a lengthy response to [Frank Michelman's] aggressive vision of judicially created welfare rights. In it, he takes on Michelman's vision, saying it would give judges far too much power to overrule democratically elected officials.
Liu calls for "legislative [as opposed to judicial] supremacy" in defining the scope of welfare rights, and he explains that it would have been utterly inappropriate for the courts to second-guess Congress' decision to roll back welfare rights in its 1996 welfare reform law. It doesn't sound like something a conservative would object to, right?
Yet Senate Republicans managed to distort this cry for judicial restraint into proof that Liu would create massive new welfare programs by judicial fiat. . . . Liu's critics seemed to ignore the fact that conservative Supreme Court Justice Antonin Scalia embraces a similar role for the judiciary [per Saenz v. Roe]. If Liu's stance on constitutional welfare rights disqualifies him from the federal bench, it also disqualifies Scalia.
these folks do not deserve to hold power. Alan Simpson is right, republican political policy can be reduced to a single statement: ""Let's forget what we need to do and . . . stick it to the president"There's some evidence that Republicans targeted Liu to exact payback for his testimony during Justice Samuel A. Alito Jr.'s confirmation hearing. . . . Every single word of Liu's critique of Alito was scrupulously accurate, and leading conservatives such as Clinton inquisitor Kenneth Starr and torture memo author John Yoo — both of whom supported Liu's nomination — found nothing in Liu's testimony that should keep him off the bench. Nevertheless, numerous GOP senators cited Liu's Alito testimony to explain their vote against him.
geo.
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