... and Statistics

by Dan Jacoby

Here we go again.

When John Ashcroft, then George W. Bush's nominee for Attorney General, testified at his Senate confirmation hearing, he claimed that he would just uphold the law. Instead, almost from the day he took office as Attorney General, he set about systematically to destroy the Constitution, the self-described "supreme law of the land". He's not even close to being the only one; many nominees over the past four-plus years have "evaded the truth" (to put it mildly) in order to get confirmed by the Senate.

Now it's John G. Roberts' turn.

There are many, many areas where thoughtful, freedom-loving Americans should be concerned. For it is certain that, when Judge Roberts testifies before the Senate, he will lie. For instance:

  • It is an iron-clad guarantee that the man who submitted an amicus curiae brief defending Operation Rescue, and who wrote that "Roe was wrongly decided and should be overruled," will not tell the truth about his position on Roe v. Wade. [Bray v. Alexandria Women's Health Clinic, 506 U.S. 263 (1993)]
  • It is an iron-clad guarantee that the man who submitted an amicus curiae brief claiming that public schools that support religious prayer are not violating the students' freedom of religion because the students don't have to attend their graduations will lie about his position on school prayer. [Lee v. Weisman, 505 U.S. 577 (1991)] In what was then considered a surprise, the Supreme Court ruled 5-4 against Roberts' position. But if either Judge Ginsburg or Judge Stevens retires while George W. Bush is still in office, children could be required to attend prayers in public schools.
  • It is an ironclad guarantee that the man who supported "mountaintop mining", in which the top of a mountain is literally blown to bits, and the debris is deposited in nearby valleys and streams, in order to mine coal that could be 1,000 feet down, will lie about his position on the federal government's ability - and responsibility - to protect the environment.

Women's rights, freedom of religion, protecting our resources, and many other areas where good, patriotic Americans are concerned, will come under attack if John G. Roberts' nomination to the Supreme Court is confirmed. Furthermore, confirming someone to the nation's highest court after he lies under oath before the Senate is just asking for disaster.

The plain truth is that Republicans will say anything - anything - to get into power. They'll claim they're "compassionate" conservatives. They'll claim they want to uphold the law, not make it. They'll claim they want to cut your taxes, balance the budget, and restore honor to Washington.

When will America - and the Democrats - wake up?

Perhaps America is waking up. Recent polls show that most Americans don't trust George W. Bush. Most Americans have come to understand that he lied to us about Iraq, he lied to us about the economy, he lied to us about civil rights, and he will continue to lie to us about anything and everything in order to get his way.

So what's keeping the Democrats from fighting the good fight?

This should be a no-brainer. Judge Roberts isn't being considered for a cabinet position, an adviser to, and serving at the pleasure of, the President. He has been nominated to be a Supreme Court justice, and to serve for life. The Senate's role is, therefore, significantly greater. That's why one in five Supreme Court nominees were not confirmed. Rejecting this nominee would not be in any way unique, or even new.

Furthermore, this President, and the Republican party in general, has an eroding base of support. By blocking this nominee, and by showing how sneaky, underhanded, and crooked George W. Bush (or at least his team of advisors, like Karl Rove for instance) are, Democrats can gain the upper hand in two ways. They can prevent another extremist from forcing his views on us, and they can finally show some signs of life.

If Senate Minority Leader Harry Reid and Judiciary Committee Ranking Member Patrick Leahy had any guts at all, they would push this fight. It doesn't take a lot, because this fight can be won. It can also be a springboard for creating an atmosphere across the country that the Democratic party is back and ready to be reckoned with. And with elections coming up next year, it could be the beginning of the effort to take back control of at least one house of Congress, and possibly both.

Or we can accept what Mark Twain listed between "lies" and "statistics", and lose this golden opportunity.

 

Copyright 2005, Dan Jacoby

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