Notes David Brooks in today's NYTimes:
"Of course the groups want a fight. The activists get up every morning hoping to change the judiciary, dreaming of total victory. Of course they're willing to sacrifice everything else for that cause."
What's amazing about the Battle for the Courts is that it may not matter. The so-called "conservatives" may win, but still lose....it happens all the time.
Judges are notoriously unpredictable. And it is very unlikely that a judge with ANY serious credentials in the law...will suddenly devolve into a pure political hack like, say Clarence Thomas did.
Most qualified Federal judges take their jobs very seriously, and since they are appointed for life they are beholden to nobody once confirmed.
It is VERY unlikely that the Bush judges will go against long established precendent....THIS would be the ultimate in "judicial legislation".....
And it is also not likely that the Federal Judiciary will "interpret" the Constitution as many Evangelicals "interpret" the Bible....after all these Judges, while perhaps "religious" .... are not TOTAL IDIOTS.
IN SHORT, IT IS UNLIKELY THAT THE BUSH JUDGES WILL BE AS STUPID AS THE EVANGELICALS THAT PUT THEM IN OFFICE. That is true almost by definition.......
True, there may be some let up on "public prayer" with due allowance for prayer by Muslims, Jews, Buddhists and Zoroastrians.....not to mention various Cults and "philosophies." But will they allow a Cross in the rotunda of the Capitol? I don't think so.
Will these judges send women back to the alley for abortions. Will they put Gays back in the closet. Will they abolish the minimum wage. Will they bring back the "good old days" of Jim Crow....?
PLEASE....it ain't gonna happen.
NetNet the Democratic fear of Bush's judges may be over-stated and over-hyped. And, very likely the Republican "social issues" agenda will be upstaged by MASSIVE economic and geo-political problems in the very near future.....
