In a Washington Post editorial today Can't Have It Both Ways , the paper takes the Bush Administration to task for asserting that its judicial nominess should be confirmed irresepective of ideology while at the same time critizing Judge William Sessions of Vermont for his opinion this week declaring the death penalty unconstitutional.

"It seems that the Bush administration believes judging is an apolitical task only as long as judges do the right thing by administration lights. When the department disagrees with an opinion, it reserves the right to blast a judge in overtly political terms. "

".... certainly the view advanced by Judge Sessions, an appointee of President Clinton, is within the bounds of respectable interpretation. "

How did the Administration react to the opnion?

"....Attorney General John D. Ashcroft's spokeswoman, Barbara Comstock, stated: "Today's decision underscores the importance of confirming President Bush's nominees to the federal bench -- well-qualified men and women who will apply the laws that Congress has passed in accordance with Supreme Court precedent. . . . Congress passed the Federal Death Penalty Act to save lives, and the Supreme Court of the United States has repeatedly said the death penalty does not violate the Constitution. Judge Sessions's decision to the contrary is under review."

What's good for the goose....