Let's Argue Over Judges - Divide - Never Unite

I find it interesting to visit some of my old newslettersadministration would have been able to label him a liar.
and see if there are some common threads to what isHe would also have lost face in the Arab world.
going on today.A huge showdown is brewing in theMoreover, because Saddam's ego led him to believe
Senate over President Bush's judicial appointments.he was the leader of a Greater Mesopotamia, he had
Senatorial tensions over this process are especiallyto maintain an illusion of strength. He believed he
pronounced since it is very likely that later in theneeded to maintain a strong army with nuclear,
summer at least one member of the Supreme Courtbiological, and chemical weapons and to make sure
will be stepping down. This type of thing happensthe West as well as all of Islam understood this. If
almost weekly in the House, but the 100-personSaddam had admitted that he did have weapons of
Senate has always been more collegial. Compromisemass destruction, the Bush administration would have
has been the hallmark of the Senate for over twohad grounds to do what they did anyway: label him a
hundred years. Now, it is looking as though High Noonthreat to national and international security and take
is approaching.Part of the problem lies in how Presidentaggressive action. President Bush successfully
Bush has been handling his judicial agenda. Historically,maneuvered Saddam into a position that made his
presidents float judicial candidates through the Senateinvasion of Iraq palatable to the West and at least
before they are formally nominated, and they alsosomewhat defensible to the Muslim world.When I think
share their short lists with the ABA (American Barabout this new report-which, by the way, is six hundred
Association). This gives Democrats, Republicans, andpages long-I am infuriated about the way it evades the
America's legal profession an opportunity to weigh inissue of responsibility. The report suggests that no one
on the candidates before names are announced orwas to blame personally. Institutions were to blame.
public hearings begin. This process helps to removeThe systems and structures of institutions were to
extremist judges (liberal or conservative) fromblame. In his new book, Winning, eight traits to be a
consideration, which in turn helps to make a difficult andgood leader, the legendary CEO of General Electric,
trying process more harmonious than it might be if theJack Welch, claims that "Leaders probe and push with
ABA's judicial ratings and/ or senators' concerns anda curiosity that borders on skepticism, making sure their
objections were aired for the first time in publicquestions are answered with action." Where was
hearings.Unfortunately, this well-tested system wasPresident Bush's curiosity before the invasion of Iraq?
thrown out by President Bush early in his first term. HeJust how hard do you think he probed and pushed his
now simply hands the Senate a list of judges whoadvisors and intelligence agencies to make sure he
have been vetted by the White House and his advisorwas acting in America's best interest by invading Iraq
Karl Rove, who is not even an elected official, muchand overthrowing Saddam? A real leader's
less a lawyer. Clearly, the President wants who heconversations about decisions, must be filled with hard
wants on the nation's judges' benches and is unwillingquestions: "What if?" and "Why not?" and "How
to listen to dissenting voices. This has led us to wherecome?" As Welch goes on to say, "Questioning,
we are today, with an angry Senate ready to turn tohowever, is never enough. You have to make sure
filibusters to outflank the President. Is this any way toyour questions unleash debate and raise issues that
run a government or to secure the best judges in theget action." Our administration did not even come close
land? We should all stand up and shout from theto this standard.* * * * *RECENT NEWS:$ Tom DeLay
treetops, "Be reasonable!!" Why can't we sit down andis the powerful representative from Texas who has
agree on a list of judges that will serve Americanmade the news on a daily basis for the last several
interests and not the ideologies of either the right or leftweeks. He continues to raise money by the truck
wing? Let's re-involve those who have the mostloads. DeLay also has an interesting habit of
intimate knowledge of the quality of our judges-thebrow-beating lobbies to hire people whom he favors in
ABA-and those who represent citizens-ourexchange for access to House Republicans. While
senators--and let's let the democratic systemDeLay's practice is not technically illegal, it is-quite
work.When I consider the kind of judge I would mostsimply--wrong. This is not how democratic leaders
appreciate, here's what I think of: a judge who willshould behave. It is how the mafia would act if it were
stand up for my rights as an American; a judge whorunning the House of Representatives.$ Acting in their
understands that choosing to have an abortion musttime-honored spirit of partisanship, The House recently
be a woman's right (This is the law. Not just my opinionchanged their ethic rules in order to prevent Tom
but the law); a judge who understands that affirmativeDeLay from getting his fourth reprimand in two years.
action is an important part of making the AmericanWhile the House was changing its rules to protect
playing field level for all Americans. Additionally, I want aDeLay, Speaker Dennis Hastert removed several
judge who knows that business has to grow, but notRepublicans, including the ethics committee chairman,
at the expense of workers' safety, workers' wages,Joel Hefley (R) from Colorado and appointed
or the environment. Finally, I want a judge who is freeRepublicans who were close to Mr. DeLay. The
to interpret the Constitution without feeling that he/shecommittee has been locked in a partisan battle over
is beholden to a single group or individual.When Iinvestigating DeLay's latest ethical charges ever since
consider the kind of President I want in the midst ofthe rules change. Ironically, because of this stalemate,
our present debate over the judiciary, here's what IMr. Delay has had no forum for clearing his name; so
think of: the national equivalent to the grade schoolthe press has had a field day, acting as ethics
teacher we all remember who broke up fights in theinvestigators on page one of newspapers around the
middle of recess. She's the one who sat both partiescountry. Now, it appears that the Republicans are
down and said: we are not leaving until we resolve thisreconsidering their rule changes. I'm sure there is a
problem. Ironically, this talent is one for which Georgelesson in here somewhere. $ While the Republicans
Bush was once famous. We need Mr. Bush toare self-destructing, I am disappointed by how lazy the
remember that we have to work together in order toDemocrats are these days. They seem to be sitting
fight the real problems our nation faces, such ason the side-line watching the Republican implosion,
stagnant wages, terrorism, the conflict in Iraq, raisingmore like second stringers, the scrubs, on the bench
budget deficits, and an increasingly undereducatedwaiting for the real players, the starters, to fail. The
population. He should be a "uniter and not a divider." AtDemocrats are doing nothing proactively. They do not
the very least, Mr. Bush should return to the nation'sseem to have any plans or ideas to move the country
traditional method of nominating judges. He shouldforward. Where is an alternative tax plan, a viable
withdraw all of the names of controversial judges, nosocial security fix, a new energy plan or something?
matter how much he favors them personally.We need more. We expect more.$ Isn't it time to
President Bush should also share the names ofreconsider the twenty-four hour news channels? In an
possible nominees with the ABA. And then he shouldeffort to out scoop or snoop each other, simple little
pay attention to the ABA's ratings as well as to Karllocal stories are blown out of proportion and trumpeted
Rove's advice. The Democrats should agree toas "national news." Please!?! Recently, a bride in a small
consider seriously any nominee the President sendstown in Georgia got cold feet before her wedding day
them who also has earned a superior rating from theand took off. She was photogenic, which probably
ABA. The Republicans should agree to support judgeshelped to push the story; and she tried to cover herself
with superior ratings as well. If the President and bothby leaving clues that suggested she might have been
parties were to agree to these procedures, friendlyabducted. Soon this woman's domestic problems
compromises can be made and America wins. This isbecame national news. There were searches. A
the way a democracy should work.* * * * *We havemysterious couple and a van were investigated. The
now received a third report from our governmentfinger pointing started. "The husband-to-be has a guilty
stating that our intelligence on Iraq prior to our invasionlook. He won't take a police lie detector test." But the
was completely wrong. Unfortunately, this comes asbride turned up, unharmed. The nation heaved a sigh of
no surprise to anyone who has followed thisrelief. Then we were told she just ran away.
administration. The President and his advisors seem toEyebrows cocked, the Julia Roberts Runaway Bride
operate upon their own set of beliefs, and factsmovie was invoked, and the nation snickered. My
are---well--not necessarily that important. Despite thequestion is: why was this national news? The fact that
fact that we have enormous and generally competentneither the House nor the Senate has proposed a
intelligence-gathering capacities, it would seem that ourbalanced budget in the face of a $400 billion deficit this
President has not been as inquisitive as, I believe, ayear is national news. But Americans are bored by a
good leader should be. He and his advisors have notstory of such importance, preferring ones about a
convinced me that they ask enough thoughtful, probingrunaway bride in Georgia. I'm reminded of lines from a
questions about issues before hurrying into action.Don Henley song: "Dirty little secrets. Dirty little lies. We
Now, if we look back on the ultimatum that ourgot our dirty little fingers in everybody's pie. We love to
President gave Saddam Hussein in 2002, I amcut you down to size. We love dirty laundry."Errington
outraged. Mr. Bush asked for a full and completeC. Thompson, MD, is a surgeon, scholar, fulltime sports
accounting of Saddam's weapons of massfan and part-time political activist. He is active in a
destruction. The way he did this reminds me of the oldnumber of community projects and initiatives. Through
trick question that has no acceptable answer: "Havemedicine, he strives to improve the physical health of
you stopped beating your wife?"Because theall he treats. Through this book, he hopes to share his
administration "knew"-despite intelligence to thethoughts and reflections on the current political
contrary-- that Saddam Hussein had weapons oflandscape.Dr. Thompson was educated at Emory
mass destruction, no answer that Saddam could haveUniversity and Southwestern Medical School and
given would have avoided confrontation. If the Iraqicurrently resides in the mountains of Western North
leader said that he did not have any weapons, theCarolina.