Obama Preempts Supremes

President Obama’s Administration leaks like the proverbial sieve. Our government appears incapable of keeping any secrets.

It is clear that today’s Executive Order to enact portions of the “Dream Act” is the result of information that the White House was given that the U.S. Supreme Court is about to issue to rule in favor of Arizona’s controversial immigration law.

Lastly, why is it—when Democrats are in office—that we never hear complaining about the “Imperial Presidency”?

Pompous Politicians Tarnish Senate Hearings

Samuel Alito is rapidly moving to confirmation as an Associate Justice on the US Supreme Court. The Democrats on the Judiciary Committee have succeeded only in using their allotted time for questioning the nominee as a platform for beating their own chests and pontificating on their own virtues. Judge Alito is treated as irrelevant to the whole proceedings. There is no honest effort being made to ask any meaningful questions of the Judge or to learn more about his views.

Mercifully, this dog and pony show is drawing to a conclusion. The biggest casualty in the proceedings are the pundits who have to endure endless hours of senile and irrelevant Democrats yearning for the good old days when they were respected and revered as the custodians of the national government and defenders of the Constitution. Fortunately, the fraud and myth of FDR is almost behind us now as the “greatest generation” slowly goes on to their eternal reward.

Regrettably, there is not a single Democrat in the Senate that believes the Constitution is worth defending any more. The Constitution is viewed as the Democrats biggest obstacle to establishing a socialist, workers paradise in the United States. They harbor a perverted fantasy that they can engineer a society that works the way the Soviet Union would have if they had been in charge.

When an office holder takes their oath to “protect and defend the Constitution of the United States from all enemies foreign and domestic” they are at a minimum promising to keep us safe from the domestic threat posed by the Democrats. Sadly our nation appears to be infected with the same cancer that led to the fall of Rome two millennia ago.

Senator Specter’s Opposition to Parental Rights

Pennsylvania Senator Arlen Specter was able to prevail in his pyrrhic victory on behalf of defenders of Roe v Wade. The Supreme Court held hearings today on the New Hampshire parental consent law that some believe could lead to limitations on abortion on demand.

Instead of associate Justice Samuel Alito sitting on the Court, we are stuck with the lameduck Sandra Day O’Connor . Lord only knows how she will vote on this one.

OK Senator, you had your fun. Lets get Alito confirmed and maybe we can get the case reheard before the verdict with OConnor is released.

Bush Gets “Do Over” on Supreme Court

After proving that she probably would be a justice like Sandra Day O’Connor, Harriett Miers has thrown in the towel. While we held out hope that she would be a justice like Thomas or Scalia, it became less likely as the hearings were drawing near that this was the case. The more we learned about Miers, the murkier her core values became. She appears to be just another antinomian evangelical merrily going through life.

Miers gave us a break by stopping this train wreck before it went off the bridge. The real question is will President Bush give his supporters a real constitutional conservative that they can rally around or will he give us another pick like his father did? It has been truly amazing how timid that President Bush has been on domestic issues.

Perhaps the President will realize that the Democrats don’t want peaceful coexistence but to eradicate all conservative Republicans starting with him. Bush needs to get a spine and lead by example, not capitulate to his enemies. They want his head on the impeachment spear before the next election.

How this man can so compartmentalize his mind that the Global War on Terror is just but domestic enemies are to be appeased and not defeated is truly a marvel. He took an oath to defend us from all enemies foreign and domestic. If he would secure the borders, appoint the judges that he promised and reign in the spending of Congress he could elevate himself as one of the best Presidents in our history. I hope that the President will step-up and take advantage of this opportunity.

In the movie City Slickers, Billie Crystal’s line was Life is a do over; for President Bush, so is this chapter in his administration.

Thoughts on Hariet Miers

There has always been a coalition that makes-up the Conservatives within the Republican Party. On one end are the religious Conservatives whose primary interest is to reign-in the assault on traditional faith and morality and on the other end are those whose primary concerns are fiscal Conservatism. These folks have advocated less government and lower taxes.

Since Ronald Reagan was president, both of these groups and those who cling to one degree or another to both viewpoints have been moving in the same direction. However, this single nomination by President Bush has broken these groups into their component pieces. Frankly, this is a fascinating to watch.

The Democrats have dutifully circled the wagons and braced for major combat but they can’t decide what their target should be. They are furiously spinning in circles waiting for orders from their special interest groups. The Democrats are willing to fight any nominee because their side needs the fundraising opportunity that a Supreme Court vacancy can generate.

Both sides want a knockdown, drag-out fight to vanquish their enemies in the public arena. This fight would be the political spectacle of the 21st Century. The stakes are for the heart and soul of the Republic. The outcome would be the fourth Constitutional period of our country. (1789 to Civil War; then Civil War to New Deal, then New Deal to Bush Court.)

Instead, President Bush has taken a page from Bill Clinton and triangulated a third option. Not since Solomon decreed that each mother should get half of the baby has something so out of the box of conventional wisdom been tried. Look at the early results. We know from the public record that Harriet Miers is a church going lawyer that has a unique skill set to offer to the position. She teaches Sunday school at a conservative church where she has attended since becoming a born again Christian about 25 years ago. She has managed a law firm of 400 partners—getting that many lawyers to agree is a really big deal. She also has had her turn in trail settings. Plus she has been with George Bush for many years.

Don’t you wonder why the Religious Right is giving each other high fives for this nomination? There is a private record that will never see the light of day but some on the Christian Right have dropped enough hints to read between the lines. There are code words from these pundits that hint at why they are really upbeat. My conclusion after hearing several of the folks in this camp interviewed is that Harriet Miers will be very pro-life, supportive of traditional marriage, and a solid conservative. She may end-up as one of the most conservative jurists on the Court.

The fiscally Conservative folks in the Republican ranks are clueless about these hints that have been offered for our comfort. Since the whole Christian thing is not as important to them, they miss the subtlety of this pick. They want raw meat in the public square and not Bush’s political triangulation. They are not happy. A polite “trust me” from the President is of little comfort to them.

Since almost anything would be an upgrade from the disappointing legacy of Sandra Day O’Connor, they might not opposed Miers but there is no enthusiasm for this pick.

The Democrats are just beginning to realize that Bush skunked them really good with this pick. Again they have no paper trail to use against the nominee. No paper trail means that it will be difficult to mount a unified opposition and there is nothing for their interest groups to use for fundraising except that she is a Christian. Bashing Miers on that score will cause the Democrats to risk dividing their own people. They will lose many—especially the racial minorities —if they push religion too hard. Plus they risk confronting the Constitutional prohibition on test oaths. Not that they care much for the Constitution but this is new ground to desecrate even for them. They still have an institutional memory of JFK and the Catholic issue. They can’t afford to loose the gray-haired New Deal Democrats in the rest homes.

Worse news for the Democrats will be that both of these confirmations (Roberts & Miers) will force them to concede that they are in the minority for the foreseeable future. All they had left was the threat of the filibuster and Bush has found a strategy to take that from them. He turned their tactic for getting Clinton’s judges back on them; “I sorry but that case might come before the Court so I can’t answer that question.”

The next vacancy will occur after the 2006 elections if the nine in black robes (weren’t they the bad guys in Lord of the Rings-fallen greedy kings of men) remain in good health. Why because the Republicans will pickup two or three seats in the Senate and the liberal Northeastern Republicans will cease to be the power brokers (spoilers) in the Senate. At that point it will be game over for the Democrats and then a justice or two will throw in the towel and retire. Bush could
end-up with four picks before the end of his second term.

Yeah, I want “red meat” in the public square too but this might be a far sighted gamble with a better payoff at the end.

They say the Lord works in mysterious ways, well folks this is one of those instances

Newdow is Back

Michael Newdow is back! After failing to get the Pledge of Allegiance banned from Elk Grove’s public schools last year because he lacked standing in the courts, he has brought a new suit on behalf of others.

U.S. District Judge Lawrence Karlton ruled today that the Pledge is unconstitutional because it contains the phrased “one nation under God.”

The judge cited the infamous 9th Circuit Court in San Francisco as precedent.

This should clear the way for John Roberts to be appointed Chief Justice of the US Supreme Court. This act of judicial activism illustrates why we need conservatives on the Court.

Thoughts on Chief Justice John Roberts

It is a strange confluence of events that has lead to John Roberts being elevated from a nominee to Associate Justice to Chief Justice of the Supreme Court.

Think about it. At least four separate events have all occurred to elevate this situation to the critic mass necessary to put Roberts in this situation. First was the announced retirement of Sandra Day O’Connor. Second was the selection of John Roberts to fill this vacancy. Third was the devastation of Hurricane Katrina. And fourth was the death of Chief Justice William Rehnquist.

This has resulted in Roberts getting the nod for the Chief spot to insure continuity of leadership such as it is in the Court. I suspect that he will leave most on the existing staff in tact for him first term on the high court.

I am curious why Rehnquist chose to hold on to his spot until the very end. Did he have no other reason keep going other than his work? Was he a good soldier and trying to make it easier for President Bush to fill the existing vacancy? Did he have any issues or concerns about Roberts (who was one of his former clerks)?

Anyway, the whole situation is a good example of how Calvinists view the governance of Christ. God is in control and brings his will to pass in time and space; here not just in the hereafter. Yes, this would mean that Roberts would be Gods choice—if in fact he is confirmed.

In fact all government leaders are in office at the pleasure of the Almighty. Some we view as good and are thankful for their time in office but I don’t understand why God allows Nero or Napoleon or Hitler or Stalin. Others seem somewhere in between.

I have faith that Roberts is one of the good guys and will help turn our country towards laws and values that honor God. The Court has long been the institution most responsible for pouring-out Gods wrath and judgment on our nation. Perhaps when the Court is reconstituted it can be a vessel for healing our nation.

Roberts Opposition Begins Attacks

Ann Coulter is outstanding in her field. Well yeah; but this time she’s all alone screaming her lungs out. Noooooooo!!


Meanwhile, Hugh Hewitt is strutting around like the rooster in the barnyard. He has always advocated John Roberts as one of the top three choices for the Court.


Granted, there is not that much of a paper trail at the Appellate level, but Roberts has an extensive record as an attorney and advocate for causes that Conservatives support.


I trust Hewitt. He has demonstrated good judgment on many issues and Roberts is his friend.


While it is true that only God truly knows a mans heart; on the outside, Roberts seems to be a good choice. I am amazed that the usual suspects on the Left are already resorting to digging dirt on his wife. They are upset that he is married to a woman that is Catholic and Pro-life. The Left is angry that Roberts might be a rarity in politics, a Catholic that believes in the teachings of the church. This is quite a contrast the lapsed Catholics that dare sit in judgment of him such as DUI Kennedy.

Roberts family should be off limits to this confirmation process. The fact that the Left has to resort to such tactics is an indication that they lack a hook for their fundraising letters.


I think this process will have some delays but Roberts will ultimately be confirmed. Replacing the Chief Justice will be a cakewalk when that time comes but if there is a third opening in the court during the second Bush term, it will be all-out war because this will be the vote that will permanently move the Court to the Right and Liberals will have lost all three branches at this point.


Oh, look for the Chief Justice to retire shortly after Roberts has been confirmed.

Supremes: Men Don’t Need God’s Law

There is a right way, a wrong way and the weasel way. This is the view of corporate America as described by Dilbert writer Scott Adams. Today is proof that it applies to judicial decisions.

The split decision handed down today is worse than a draw. It is open season and full employment for all constitutional law attorneys. There is no unifying principle that can explain both decisions.

These cases plus the case last week about private property prove that there are no limits on judicial tyranny. Our law has become completely unmoored from the Constitution.

Like Christianity in Liberal churches, the historic meaning of the words and ideas that originated the Constitution has been discarded as limiting and out of fashion. The context in which the document was written has no relevance to modern jurisprudence.

Liberals have substituted an “enlightened” view that you can redefine the words and ideas to mean whatever you wish them to say. If that doesn’t work you can ignore them or substitute your own. This is the essence of a “living document.”