Saturday, July 28, 2007

Upping the Ante

Chuck Schumer threw a temper tantrum yesterday over Supreme Court Justices Alito and Roberts. Apparently, Schumer just noticed they're conservative.

Well, he's not going to take this lying down! No, sirree! Schumer says no more Supreme Court nominees for President Bush!

"We should reverse the presumption of confirmation," Schumer told the American Constitution Society convention in Washington. "The Supreme Court is dangerously out of balance. We cannot afford to see Justice Stevens replaced by another Roberts, or Justice Ginsburg by another Alito."

"Dangerously out of balance?" As Power Line pointed out, I guess "dangerously out of balance" now means 5-4 decisions that don't go the liberal way.

It's amazing, really. We spend 40 years with Supreme Court justices finding "rights" hidden under stale cups of coffee, but two decisions in one term that don't go their way, and they're complaining about a "dangerously out of balance" Court. Actually, the Court has been out of balance since 1937, when FDR tried to pack the Supreme Court. FDR wanted to appoint new justices because the old ones actually adhered to stare decisis and wouldn't approve his socialist programs.

But, apparently, it's perfectly acceptable for the Court to be "dangerously out of balance," provided it votes the liberal way all the time.

Captain Ed points out that Schumer knew George Bush was elected twice, at least in part, because he promised to nominate Supreme Court justices "in the mold of Scalia and Thomas." Schumer also voted against Alito and Roberts because he didn't like their judicial philosophy. So, how could he, with a straight face, claim the Senate was "duped" by the two attorneys? It is quite astonishing, this supposed naivety of our distinguished Senators.

Jules Crittenden explains that the problem is a "dangerously out of balance" Congress, which is trying to usurp more executive power.
Dems’ presumptive jubilee day of 1-20-09 is still, let’s see, 17 months and 24 days away, but they’re all done with the Constitution, mandate of the people, etc. The one that elected George Bush president in 2004. Again...

Dangerously out of balance. There’s an interesting idea. That exactly describes what is happening with the United States Congress. The senator from New York may be on to something. It may be time to reverse the presumption of liberty for elected leaders who in time of war and grave threat to national and global security have sought to undermine this administration’s ability to prosecute the war, intercept enemy communications and hold illegal enemy combatants. Particularly seeing as they are so easily "duped." Clearly not suited to leadership.

So, we have a Congress that can't read the Constitution, which thinks it is the decider in times of war, which claims it was "deceived" about Supreme Court nominees who were clearly conservative (reminds me of the claims that "I love you" before consensual one-night stands were "deceptions"), and which thinks it has the right to make hiring and firing decisions for the executive branch. Seems fairly obvious which branch of the federal government is "out of control."