The fallout on last night's eleventh-hour compromise in the Senate has begun. James Dobson, head of Focus on the Family and enemy of Spongebob, says, "This Senate agreement represents a complete bailout and betrayal by a cabal of Republicans and a great victory for united Democrats. Only three of President Bush’s nominees will be given the courtesy of an up-or-down vote, and it's business as usual for all the rest. The rules that blocked conservative nominees remain in effect, and nothing of significance has changed. Justice Clarence Thomas, Justice Antonin Scalia, and Chief Justice William Rehnquist would never have served on the U. S. Supreme Court if this agreement had been in place during their confirmations. The unconstitutional filibuster survives in the arsenal of Senate liberals."
To which we can only say, if it saved us from Scalia, Thomas and Rehnquist, why can't we go back in time and make it happen?
And Gary Bauer is just as outraged: "This is a sad day for our nation. The desire of millions of Americans to restore balance to our federal courts has been thwarted behind closed doors by 14 senators. Only three of President Bush's appointees are guaranteed an up or down vote under this sell out."
If these guys are so upset, the compromise can only be a good thing. Bauer doesn't bother to mention the truth about the federal judiciary--far more of the judges on the federal bench were appointed by Nixon, Ford, Reagan, Bush, and Bush than by Clinton (and most of the Kennedy/Johnson judges are long gone). We have, overwhelmingly, a Republican-appointed bench on the Supreme Court and the federal appeals courts. 95% of Bush's judicial nominations have already gone through. The fact that the extremist evangelical right wants 100% of their way, 100% of the time doesn't mean we should give it to them.