Here come the fear mongers!!! We'll all be goose-stepping and saluting Heir Ashcroft before the year's out!
Whatever.
Let me tell you why Republican Victory was a benevolent Act of God:
Judicial Nominees.
The leftists judges are completely lawless as we saw in New Jersey this year and Florida in 2000. Here is a great article on that from the Wall Street Journal today. In fact, let's talk about the Ninth Circuit Trifecta:
We don't know if it's a record, but the Supreme Court on Monday reversed the Ninth Circuit Court of Appeals not once, not twice, but three times. Three reversals in a single day is a remarkable accomplishment even by the exalted standards of the Ninth Circuit, the most reversed federal court in the land.
In judicial circles the Ninth Circuit operates as a kind of court jester, making you laugh when you really ought to cry. Among its greatest hits is last summer's ruling that the Pledge of Allegiance is unconstitutional because it contains the words "under God." The ultra-liberal court sits in San Francisco, naturally, and hears appeals from California, Alaska, Arizona, Idaho, Montana, Nevada, Oregon and Washington.
Monday's reversals were especially notable because they involved matters the Supreme Court doesn't usually weigh in on -- two habeas corpus appeals brought by murderers convicted in state court, and one immigration case. They were also all summary reversals, which means the High Court decided to reverse without even hearing written briefs or oral argument. And they were unanimous, which means that even the four liberal justices couldn't abide the Ninth Circuit's creative judging.
Federal courts should intervene, the Court said in one of the habeas cases, "only when a state-court decision is objectively unreasonable. It is not that here." In the immigration case, in which the Ninth Circuit reversed a ruling by the Board of Immigration Appeals, the Supreme Court said Ninth Circuit "seriously disregarded the agency's legally mandated role." This is all basic stuff: Federal appeals courts aren't supposed to make the law; they're appointed to uphold it.
Which raises a point about judicial confirmations. Democratic Senators Pat Leahy and Chuck Schumer have condemned President Bush's appeals-court nominees for lacking ideological "balance." Well, the latest Supreme Court smackdown shows that it is hard to be further "outside the mainstream" than the Ninth Circuit. So can we assume the Democratic Senators will start confirming conservatives for that court?
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