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Future of the Judiciary

Instapundit doesn't think much of Cass Sunstein's op-ed piece on Bush's renewed vigor to fill the federal courts with conservative judicial activists. I thought Sunstein's article was uninspired, at best.

I do agree with Sunstein that conservative judicial activists extremists pose a threat to the Constitution because the Constitution is a living and breathing document which can be viewed as ambiguous or open to interpretation in some instances. Stacking the courts with judicial activists extremists will provide some judges with too much power to impose their views of what the Constitution means.

Far better reading is today's New York Times Editorial, Defending the Judiciary, which is not only more on target than Sunstein, but offers some solutions as well.

"Despite President Bush's campaign promise to "unite, not divide," many of his judicial nominees have done the reverse. They favor taking away the right to abortion, striking down reasonable environmental regulations and turning back the clock on race. (One pending nominee at one point criticized the Supreme Court's ruling that Bob Jones University should lose its tax-exempt status for discriminating against black students.) With the Senate in Republican control, the administration is likely to choose even more troubling nominees."

"Senate Democrats must insist on two things going forward: consultation and consensus. Senator Patrick Leahy, who will be the ranking minority member of the Judiciary Committee, should ask to meet with the administration in advance to head off unacceptable candidates before they are nominated. Consultation of this kind occurred in the Clinton years, and it should be the norm for judicial selections, no matter which party holds the White House."

"Senate Democrats should also make it clear that they will not accept extremist nominees. They must draw a line in the sand and say that those whose politics cross it will not be confirmed."

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