The only thing necessary for the triumph of evil is for good men to do nothing -- Edmund Burke

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Liberals 'Bork' Estrada to Preserve Roe

Doug Patton

As It Is

Doug Patton
dpatton@americasvoices.org       
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"This is nothing but a high tech lynching of an uppity black man who wandered off the liberal plantation!"
-- U.S. Supreme Court Justice Clarence Thomas at his 1991 confirmation hearings

February 18, 2003


For the last fifteen years, the Left has been frightened beyond all reason at the prospect of a judiciary made up of judges who follow the Constitution rather than acting as an imperial legislature.  After all, they had spent half a century altering the way Americans thought about their courts.  They couldn't have all their progress undone by right wing fanatics, and chief among the "rights" they were determined to defend was none other than the unfettered right to abortion.

When Ted Kennedy took to the floor of the United States Senate in 1987 to shriek about "Robert Bork's America", he removed all doubt that the politics of abortion had a stranglehold on the Democratic Party.  Kennedy wailed that "Robert Bork's America will bring back whites-only lunch counters" and other such unthinkable reversals of progress; but the real agenda was clear in the statement that "Robert Bork's America will bring back the days of back alley abortions."

This was relatively easy for the shrill defenders of all things liberal.  Democrats controlled the United States Senate and had no intentions of confirming a conservative nominee appointed by Ronald Reagan.  They had already confirmed the brilliant conservative, Antonin Scalia; they weren't about to do it again.  Besides, Bork was white, had a long paper trail of opinions—as a judge, as a Yale law professor and as Solicitor General of the United States—and didn't mind talking about them.  He was easy to trash, and Democrats did it with glee.

After destroying Bork on strictly ideological grounds, they waited for Reagan's second choice.  When the name of Douglas Ginzberg was put forth, they dug up dirt on him.  Ginzberg had smoked pot when he was a law professor (a disqualification only for conservatives) and his nomination was history.

Finally, a moderate from California, Anthony Kennedy, was nominated and confirmed.

But in 1991, the Dems were once more faced with the unthinkable—another conservative who might actually believe that Roe vs. Wade was built on the fertile imaginations of seven activist Supremes.  But this time, the nominee was black.  How could they ruin this man and still maintain their lock on the black vote?  With the help of frantic feminists, they tried to destroy this good and decent man with trumped up charges of sexual harassment.

It didn't work.  Clarence Thomas was confirmed, and in his words, "At 41, the perfect revenge is a lifetime appointment."

Now comes a highly-qualified Hispanic nominee to the U.S. Circuit Court of Appeals for the District of Columbia.  Actually, Miguel Estrada's nomination was put forth by President Bush in May 2001.  When Democrats controlled the Senate, they simply buried the nomination.  Now that they no longer set the agenda, they intend to filibuster it.

And it all boils down to abortion.

Perceived as pro-life, Estrada presents a sticky problem for Senate Democrats.  They can't displease their radical, pro-abortion supporters, yet they are fearful of offending the largest minority in the country—much of which holds traditional moral values.

What to do?  When in doubt, filibuster.  The usual suspects—Kennedy, Leahy, Daschle, Boxer, Feinstein—will do the up-front dirty work.  Senator John Breaux has already courageously stated that he will support the nomination, not the filibuster.  His Louisiana colleague, Mary Landreu, has broken her own campaign promise to the Hispanic community in her state and caved in to the dictates of the radicals at NOW.

The Senators to watch are the ones who are looking for political cover.  My own Senator Ben Nelson, who has always claimed to be pro-life, has said he hasn't decided whether to support the filibuster.  I'll be giving him a call to ask him not to.   I urge you to do the same.

 

Copyright © Copyright © 2020 by Doug Patton & America's Voices, Inc.  All rights reserved.
Doug Patton is a freelance columnist who has served as a speechwriter and policy advisor for federal, state and local candidates, elected officials and public policy organizations.  He is a senior writer at GOPUSA, and his weekly columns are published in newspapers across the country, on selected Internet websites, including www.GOPUSA.com, and on America's Voices where he writes the weekly column
"As It Is".  Doug also writes for the Talon News Service.  Readers can e-mail him at dpatton@americasvoices.org.

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