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Let's Argue Over Judges - Divide - Never Unite

I find it interesting to visit some of my oldadministration would have been able to label
newsletters and see if there are some commonhim a liar. He would also have lost face in
threads to what is going on today.A hugethe Arab world. Moreover, because Saddam's
showdown is brewing in the Senate overego led him to believe he was the leader of a
President Bush's judicial appointments.Greater Mesopotamia, he had to maintain an
Senatorial tensions over this process areillusion of strength. He believed he needed
especially pronounced since it is very likelyto maintain a strong army with nuclear,
that later in the summer at least one memberbiological, and chemical weapons and to make
of the Supreme Court will be stepping down.sure the West as well as all of Islam
This type of thing happens almost weekly inunderstood this. If Saddam had admitted that
the House, but the 100-person Senate hashe did have weapons of mass destruction, the
always been more collegial. Compromise hasBush administration would have had grounds to
been the hallmark of the Senate for over twodo what they did anyway: label him a threat
hundred years. Now, it is looking as thoughto national and international security and
High Noon is approaching.Part of the problemtake aggressive action. President Bush
lies in how President Bush has been handlingsuccessfully maneuvered Saddam into a
his judicial agenda. Historically, presidentsposition that made his invasion of Iraq
float judicial candidates through the Senatepalatable to the West and at least somewhat
before they are formally nominated, and theydefensible to the Muslim world.When I think
also share their short lists with the ABAabout this new report-which, by the way, is
(American Bar Association). This givessix hundred pages long-I am infuriated about
Democrats, Republicans, and America's legalthe way it evades the issue of
profession an opportunity to weigh in on theresponsibility. The report suggests that no
candidates before names are announced orone was to blame personally. Institutions
public hearings begin. This process helps towere to blame. The systems and structures of
remove extremist judges (liberal orinstitutions were to blame. In his new book,
conservative) from consideration, which inWinning, eight traits to be a good leader,
turn helps to make a difficult and tryingthe legendary CEO of General Electric, Jack
process more harmonious than it might be ifWelch, claims that "Leaders probe and push
the ABA's judicial ratings and/ or senators'with a curiosity that borders on skepticism,
concerns and objections were aired for themaking sure their questions are answered with
first time in public hearings.Unfortunately,action." Where was President Bush's curiosity
this well-tested system was thrown out bybefore the invasion of Iraq? Just how hard do
President Bush early in his first term. Heyou think he probed and pushed his advisors
now simply hands the Senate a list of judgesand intelligence agencies to make sure he was
who have been vetted by the White House andacting in America's best interest by invading
his advisor Karl Rove, who is not even anIraq and overthrowing Saddam? A real leader's
elected official, much less a lawyer.conversations about decisions, must be filled
Clearly, the President wants who he wants onwith hard questions: "What if?" and "Why
the nation's judges' benches and is unwillingnot?" and "How come?" As Welch goes on to
to listen to dissenting voices. This has ledsay, "Questioning, however, is never enough.
us to where we are today, with an angryYou have to make sure your questions unleash
Senate ready to turn to filibusters todebate and raise issues that get action." Our
outflank the President. Is this any way toadministration did not even come close to
run a government or to secure the best judgesthis standard.* * * * *RECENT NEWS:$ Tom
in the land? We should all stand up and shoutDeLay is the powerful representative from
from the treetops, "Be reasonable!!" WhyTexas who has made the news on a daily basis
can't we sit down and agree on a list offor the last several weeks. He continues to
judges that will serve American interests andraise money by the truck loads. DeLay also
not the ideologies of either the right orhas an interesting habit of brow-beating
left wing? Let's re-involve those who havelobbies to hire people whom he favors in
the most intimate knowledge of the quality ofexchange for access to House Republicans.
our judges-the ABA-and those who representWhile DeLay's practice is not technically
citizens-our senators--and let's let theillegal, it is-quite simply--wrong. This is
democratic system work.When I consider thenot how democratic leaders should behave. It
kind of judge I would most appreciate, here'sis how the mafia would act if it were running
what I think of: a judge who will stand upthe House of Representatives.$ Acting in
for my rights as an American; a judge whotheir time-honored spirit of partisanship,
understands that choosing to have an abortionThe House recently changed their ethic rules
must be a woman's right (This is the law. Notin order to prevent Tom DeLay from getting
just my opinion but the law); a judge whohis fourth reprimand in two years. While the
understands that affirmative action is anHouse was changing its rules to protect
important part of making the American playingDeLay, Speaker Dennis Hastert removed several
field level for all Americans. Additionally,Republicans, including the ethics committee
I want a judge who knows that business has tochairman, Joel Hefley (R) from Colorado and
grow, but not at the expense of workers'appointed Republicans who were close to Mr.
safety, workers' wages, or the environment.DeLay. The committee has been locked in a
Finally, I want a judge who is free topartisan battle over investigating DeLay's
interpret the Constitution without feelinglatest ethical charges ever since the rules
that he/she is beholden to a single group orchange. Ironically, because of this
individual.When I consider the kind ofstalemate, Mr. Delay has had no forum for
President I want in the midst of our presentclearing his name; so the press has had a
debate over the judiciary, here's what Ifield day, acting as ethics investigators on
think of: the national equivalent to thepage one of newspapers around the country.
grade school teacher we all remember whoNow, it appears that the Republicans are
broke up fights in the middle of recess.reconsidering their rule changes. I'm sure
She's the one who sat both parties down andthere is a lesson in here somewhere. $ While
said: we are not leaving until we resolvethe Republicans are self-destructing, I am
this problem. Ironically, this talent is onedisappointed by how lazy the Democrats are
for which George Bush was once famous. Wethese days. They seem to be sitting on the
need Mr. Bush to remember that we have toside-line watching the Republican implosion,
work together in order to fight the realmore like second stringers, the scrubs, on
problems our nation faces, such as stagnantthe bench waiting for the real players, the
wages, terrorism, the conflict in Iraq,starters, to fail. The Democrats are doing
raising budget deficits, and an increasinglynothing proactively. They do not seem to have
undereducated population. He should be aany plans or ideas to move the country
"uniter and not a divider." At the veryforward. Where is an alternative tax plan, a
least, Mr. Bush should return to the nation'sviable social security fix, a new energy plan
traditional method of nominating judges. Heor something? We need more. We expect more.$
should withdraw all of the names ofIsn't it time to reconsider the twenty-four
controversial judges, no matter how much hehour news channels? In an effort to out scoop
favors them personally. President Bush shouldor snoop each other, simple little local
also share the names of possible nomineesstories are blown out of proportion and
with the ABA. And then he should paytrumpeted as "national news." Please!?!
attention to the ABA's ratings as well as toRecently, a bride in a small town in Georgia
Karl Rove's advice. The Democrats shouldgot cold feet before her wedding day and took
agree to consider seriously any nominee theoff. She was photogenic, which probably
President sends them who also has earned ahelped to push the story; and she tried to
superior rating from the ABA. The Republicanscover herself by leaving clues that suggested
should agree to support judges with superiorshe might have been abducted. Soon this
ratings as well. If the President and bothwoman's domestic problems became national
parties were to agree to these procedures,news. There were searches. A mysterious
friendly compromises can be made and Americacouple and a van were investigated. The
wins. This is the way a democracy shouldfinger pointing started. "The husband-to-be
work.* * * * *We have now received a thirdhas a guilty look. He won't take a police lie
report from our government stating that ourdetector test." But the bride turned up,
intelligence on Iraq prior to our invasionunharmed. The nation heaved a sigh of relief.
was completely wrong. Unfortunately, thisThen we were told she just ran away. Eyebrows
comes as no surprise to anyone who hascocked, the Julia Roberts Runaway Bride movie
followed this administration. The Presidentwas invoked, and the nation snickered. My
and his advisors seem to operate upon theirquestion is: why was this national news? The
own set of beliefs, and facts are---well--notfact that neither the House nor the Senate
necessarily that important. Despite the facthas proposed a balanced budget in the face of
that we have enormous and generally competenta $400 billion deficit this year is national
intelligence-gathering capacities, it wouldnews. But Americans are bored by a story of
seem that our President has not been assuch importance, preferring ones about a
inquisitive as, I believe, a good leaderrunaway bride in Georgia. I'm reminded of
should be. He and his advisors have notlines from a Don Henley song: "Dirty little
convinced me that they ask enough thoughtful,secrets. Dirty little lies. We got our dirty
probing questions about issues beforelittle fingers in everybody's pie. We love to
hurrying into action. Now, if we look back oncut you down to size. We love dirty
the ultimatum that our President gave Saddamlaundry."Errington C. Thompson, MD, is a
Hussein in 2002, I am outraged. Mr. Bushsurgeon, scholar, fulltime sports fan and
asked for a full and complete accounting ofpart-time political activist. He is active in
Saddam's weapons of mass destruction. The waya number of community projects and
he did this reminds me of the old trickinitiatives. Through medicine, he strives to
question that has no acceptable answer: "Haveimprove the physical health of all he treats.
you stopped beating your wife?"Because theThrough this book, he hopes to share his
administration "knew"-despite intelligence tothoughts and reflections on the current
the contrary-- that Saddam Hussein hadpolitical landscape.Dr. Thompson was educated
weapons of mass destruction, no answer thatat Emory University and Southwestern Medical
Saddam could have given would have avoidedSchool and currently resides in the mountains
confrontation. If the Iraqi leader said thatof Western North Carolina.
he did not have any weapons, the



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