"No matter how paranoid or conspiracy-minded you are, what the government is actually doing is worse than you imagine." - - - William Blum

March 15, 2005

Message to Our Youngest Voters


At least one seat of the Supreme Court will likely be up for grabs during the next four years. CampusProgress is following the details for you and will keep you well-informed:

...Judicial nominations have been a contentious issue over the past several years of the Bush administration and continue to heat up with an impending Supreme Court vacancy looming. The courts belong to all Americans, not just the party in power, which is why we care about judicial nominations. New appointees will help decide, among many other things, whether Americans have a constitutional right to privacy, whether the federal government will be allowed to protect our air and water, and whether Americans can count on the enforcement of our civil rights laws. Federal judges are appointed to their positions for life, which means that unlike the President, who will leave office in four years, the judges appointed today will have an impact on YOU for the next forty years.

Filibuster opponents are now trying to destroy Senate traditions. Some Senate Republicans are now threatening to use a procedural maneuver to get rid of the filibuster with regard to judicial nominations. This plan has been dubbed the “nuclear option” because it would have disastrous consequences for the U.S. Senate and our democracy. The filibuster – or the right to engage in “extended debate” – is one of the defining characteristics of the Senate. In order to end debate on a piece of legislation or a nominee, at least 60 senators need to agree to move forward to a vote. Without 60 votes to end debate, the legislation or the nominee is “filibustered.” The filibuster serves as an important element of the checks and balances system. It prevents a partisan majority from ignoring the views of the minority party, promoting bipartisan compromise and moderation.

President Bush is promoting confrontation, not consultation, on judicial nominees. President Bush jettisoned the past practice of consulting with the opposing party in the Senate on judicial nominations. In a transparent effort to pack the federal courts with judges he hopes will advance his political agenda, the President instead went the confrontational route during his first term. He has continued along that route this term. On February 14, pursuing what some editorialists have called a “scorched earth tactic,” he renominated a slate of controversial, out-of-the-mainstream appeals court nominees, including seven who the Senate filibustered last session. Here are some of the nominees:

Former Interior Department Solicitor William Myers III has a lengthy record of weakening environmental protections and disregarding American Indian tribal rights in favor of the grazing and mining industries, and has compared federal law protecting the environment to the “tyranny” of King George III over the colonies.


Terrence Boyle, currently a North Carolina Federal District Court Judge, has a record of hostility toward civil rights and disability rights. The Fourth Circuit has reversed him more than 150 times – at twice the rate of the average trial judge in the circuit – for ignoring laws protecting individual rights and subverting basic procedural rules.


Texas Supreme Court Justice Priscilla Owen anchors the anti-choice and pro-business wing of the ultra-conservative Texas Supreme Court. She took campaign money from Enron and Halliburton and then voted in their favor when cases involving them came before her.


William H. Pryor Jr., Alabama’s former Attorney General, described Roe v. Wade as the “worst abomination of constitutional law in our history.” He also has a virulently anti-gay, anti-environment, and anti-individual rights record. As Attorney General, he sought to eliminate parts of the Clean Water Act, the Violence Against Women Act, the Americans with Disabilities Act, the Family Medical Leave Act, and the Civil Rights Act of 1964.


Janice Rogers Brown, a California Supreme Court Justice nominated to the DC Circuit, has suggested that the Social Security system is unconstitutional and accused senior citizens of “blithely cannibaliz[ing] their grandchildren.”


Department of Defense General Counsel William Haynes II was one of the chief architects of the Bush administration’s policies on detainees, which narrowed the legal definition of torture and authorized holding American civilians and others as enemy combatants without access to counsel or civilian courts. A Defense Department investigation concluded that these policies led to the prison abuse scandal at Abu Ghraib and elsewhere.

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