Just Say No To Faux “Bipartisan” Judicial Malarky

Elections have consequences.  Including for judicial appointments.   

So, what’s a poor Federalist Society member to do under a democratic administration after years and years of stuffing the verdict box?  

Demand appointments anyway, it seems.

Via overruled, it began with some water testing by a Sen. Burr surrogate:

So I’m a little skeptical of Richmond Law Professor Carl Tobias’ Broderesque proposal for how the President should choose judges:…

Fortunately, President Obama has vowed to practice bipartisanship. He can honor this pledge by swiftly adopting efficacious practices and, in the near future, by choosing an excellent replacement for Judge Phillips — a person whose selection both parties can support.

To the extent Republicans are willing to negotiate in good faith, there’s no reason to exclude them from discussions out of sheer pique.  But they lost the election.  Badly.  If people like Senator Burr lose sight of this fact, President Obama needs to appoint judges who’ll remind Burr that we live in a democracy.

One is clearly a test. But two? Two is strategery:

…the L.A. Times advises President Obama to show his “bipartisanship” by following the same failed judicial policies of George W. Bush:

…Keisler is one of the founding members of the Federalist Society, who even once sat on the FedSoc’s board of directors. After helping found the nation’s leading organization of ultra-conservative lawyers, Keisler went on to a prestigious clerkship with then-Judge Robert Bork.

Yup, that Robert Bork.

Perhaps most damning, however, are the very serious abuse of power allegations which were raised against Peter Keisler while he worked in the Bush Justice Department: According to the Washington Post, Keisler was one of a trio of Bush political appointees who ordered career attorneys to intentially weaken their $130 billion racketeering case against the tobacco industry….

No. Just…NO.

This had better be some sort of wishful thinking kerfuffle.  Because if this is an Obama administration "testing the waters" for this sort of bipartisan idiocy, I’d like to mark myself down for a firm "no fricking way, we can sure as hell do better than that" for rule of law considerations, thank you very much.

That has to be too cuckoo for coco puffs for even the Federalist Society to think it has a shot in hell.  

Except they have Stuart Taylor pimping out the "liberals shouldn’t appoint liberals" line in Newsweek this morning.  Funny, I don’t remember him bitching about ultra-conservative Bush appointees.  Why is that, do ya think?

You can bet I’ll be making some calls today to test some waters myself.  Or perhaps boil some. 

UPDATE:  Digby hit the Taylor piece as well.  Good right hook… 

 
22 Responses to "Just Say No To Faux “Bipartisan” Judicial Malarky"
Lindy | Monday February 9, 2009 08:30 am 1

Yes’m.

Good morning, Christy.


Christy Hardin Smith | Monday February 9, 2009 08:33 am 2
In response to Lindy @ 1

Morning Lindy — hope your weather is as gorgeous as ours is today.


Christy Hardin Smith | Monday February 9, 2009 08:34 am 3

Oh, and I just couldn’t resist the pix of the preening banana. Too perfect not to use, on so many levels. *G*


nonplussed | Monday February 9, 2009 08:36 am 4

With apologies to John Mcenroe-They.cannot.be.serious! I am becoming increasingly confused! Did we or did we not win the election? I believe we have learned what being accomodationist bipartisan gets us…


AlbertFall | Monday February 9, 2009 08:36 am 5

Federalist Society membership should be automatic disqualification for any public position.

I would even support the resurrection of HUAC to look into the real operations of the Federalist Society–they are that inimical to American values.


Christy Hardin Smith | Monday February 9, 2009 08:41 am 6
In response to nonplussed @ 4

This is clearly being pushed from somewhere — I’m just trying to figure out if this is Specter media manipulation, the Federalist Society wing trying to get out in front of any potential replacement for Justice Ginsburg should the need arise, all of the above or something I haven’t thought of yet…


Christy Hardin Smith | Monday February 9, 2009 09:00 am 7

Digby hit the Taylor piece head on as well — added a link above, but here it is for folks in thread as well.


Christy Hardin Smith | Monday February 9, 2009 09:46 am 8

Does it strike anyone else as disgustingly ghoulish that Taylor would be talking about replacing Ginsburg with a non-liberal before she’s even spoken herself about leaving SCOTUS?

Maybe it’s just me, but it seems a wee bit anticipatory in a smacking the lips sort of way to hope for that…unseemly in my mind. But maybe it’s just me.


diablesseblu | Monday February 9, 2009 09:56 am 9

Oh…it’s ghoulish alright. However, with that crowd, am surprised I haven’t read of their criticizing RBG for her having waited until after the BO inauguration for her surgery.

It’s how they roll. Every time you think you’ve seen how low they’ll go, they slither to a lowel level of respectability.


BargainCountertenor | Monday February 9, 2009 09:56 am 10

Liberals shouldn’t appoint liberals, and so-called conservatives won’t appoint liberals, and moderates apparently won’t appoint liberals.

So I guess the formula is that liberals should not be appointed to the bench?


BargainCountertenor | Monday February 9, 2009 09:56 am 11
In response to Christy Hardin Smith @ 8

Ghoulish, you bet!

But consider the source.


Christy Hardin Smith | Monday February 9, 2009 09:58 am 12
In response to BargainCountertenor @ 10

Praise the lord and pass the hip waders…it’s gettin’ deep. But, yes, that seems to just about sum up what they are pushing. Lovely, isn’t it?


BargainCountertenor | Monday February 9, 2009 10:04 am 13

Hey, Redd …

Does the Swedish Chef’s oft-repeated line “Bork, Bork, Bork” have anything to do Robert The Bork?


Christy Hardin Smith | Monday February 9, 2009 10:10 am 14
In response to BargainCountertenor @ 13

LOL Not that I know of — but that would be awfully hilarious if it did…


Elliott | Monday February 9, 2009 10:15 am 15

I can’t read this, I’m too busy laughing at the picture.


Christy Hardin Smith | Monday February 9, 2009 10:17 am 16
In response to Elliott @ 15

I had SO much fun with this post finding just the right graphic. Can you tell? *G*


oldgold | Monday February 9, 2009 11:27 am 17

Chrity, I think Digby threw a good left hook.


peterboy | Monday February 9, 2009 11:47 am 18
In response to Christy Hardin Smith @ 8

these are the gooper zombies. they cannot be killed and they are ghoulish.
I didnt work so hard for a democrat in the WH to see him or her appoint Goopers to the federal bench. they are already over-represented cause goopers have done the appointing for 28 of the last 36 years.
time for some balance by appointing only liberals and progressives.
federalist society is disqualifying for any appointment–bench or administration.


RevBev | Monday February 9, 2009 12:32 pm 19
In response to Christy Hardin Smith @ 8

Strikes me as ghoulish, also a little insane, as in a thought disorder, for him to assert we would not be looking for a more liberal turn on the court and away from d-heads such as Scalia, Thomas, et al. What was he thinking?


BargainCountertenor | Monday February 9, 2009 12:44 pm 20

Sadly, no. I received this message from The Swedish Chef:

Zee Svedeesh Cheff furst eppeers in 1980 Muppett-a Show-a. Rubert Zee Bork (nut tu be-a cunffoosed veet Scutteesh heru Rubert Zee Brooce-a) ves numeeneted fur zee Soopreme-a Cuoort ooff zee Uneeted Stetes by Runneee-a Reygoon in 1987. Zeereffure-a, Bork, Bork, Bork precedes Burkeeng in zee Uneeted Stetes Senete-a.


Christy Hardin Smith | Monday February 9, 2009 01:17 pm 21

Mwahahahahahaha…thanks.


tejanarusa | Monday February 9, 2009 02:42 pm 22

“The president’s stance as a consensus builder might suffer if his first choice seems likely to support liberal causes such as gay marriage.”

I am really kinda hoping that Obama is about at the point of giving up on making a “stance” as a consensus builder. Surely it’s obvious by now that the people in Congress, at least, are not only not interested, nothing he or anyone (not even the Chamber of Commerce!) can change them.


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