Losing the Judiciary to Obama

Friday, March 2nd, 2012 and is filed under Blog

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Republicans have always been tepid about opposing the judicial nominees of Democrat presidents.  They contend that as long as the nominee is qualified, we should confirm them, even if they have a liberal judicial philosophy.  When a Democrat like Clinton was president, this philosophy wasn’t so destructive.  Clinton often appointed well-respected judges, even if they tilted left.  However, only a minority of them were considered radical.

Obama, as we all know, leaves nothing on the table in his pursuit to fundamentally change America.  To that end, he has nominated radicals to virtually every district and appellate court in the country.  In the coming weeks, we will get another opportunity to block another one of Obama’s radicals.  The Senate will vote on the confirmation of one Andrew Hurwitz to the Ninth Circuit Court of Appeals.  Here is how Heritage Action for America describes Hurwitz’s jurisprudence:

In the past, Mr. Hurwitz has encouraged courts to legislate from the bench.  In the Supreme Court case of Ring v. Arizona, he suggested the Supreme Court change the wording of the Constitution in order to achieve a ruling based on his beliefs, which would have made the state’s death penalty sentencing unconstitutional. He believed so strongly in the cause of this case that he worked pro bono.

His foray into activist-legislating was not limited to that case, though. He has also said that would look to previous Supreme Court decisions on relevant issues before consulting the United States Constitution. He also believes that Judges have the power – and supposedly the better judgment – to bestow rights upon American citizens, outside of the law.

Remember that he is being tapped for an appellate court, not just a district court.  Hurwitz had previously been appointed to the Arizona state Supreme Court by ubber-leftist Janet Napolitano.  On the Arizona Supreme Court, Hurwitz has exhibited a disregard for following the Constitution.  That in itself should disqualify him from serving on a higher court, irrespective of how much “experience” he has promulgating his legislative initiatives from the bench..

Yesterday, the Senate Judiciary Committee voted 13-5 to send the nomination to the full Senate.  Three Republicans voted with the Democrats to confirm Hurwitz; Tom Coburn, Lindsey Graham, and Jon Kyl.  It is in these circumstances that it would be useful to score committee votes on legislative scorecards.

In the past, only a handful of conservatives have voted against these nominees.  It’s time for conservatives to start pressuring Republican Senators to block Obama from packing the high courts will Saul Alinsky radicals.