Posted by Curt on 1 May, 2009 at 5:11 pm. 12 comments already!

As I’m sure you most of you know one of the liberals on the Supreme Court is retiring. Justice David Souter will step down once their recess begins. Rest assured, Obama will do his best to replace him with someone the left can count on, just as they did with Souter.

But the stakes are high and conservatives finally seem to be awakening from their slumber:

“Phone lines around Washington began burning this morning as conservative organizations kicked off preparations for the fight over President Obama’s eventual Supreme Court nominee.

Associate Justice David Souter’s decision to step down at the end of this term has awakened a long-dormant network of conservative organizations that will do their best to augment — and at times pressure — Senate Republican efforts to frame Obama’s eventual choice.

A group of more than 50 conservative groups held a conference call early Friday to begin plotting strategy, sources on the call said.

“You’re already having chatter between conservatives on who is going to be the nominee, what type of nominee is going to be put forward by President Obama,” said Brian Darling, the Heritage Foundation’s Senate director and a former top Judiciary Committee staffer.

Groups like the American Center for Law & Justice, the Coalition for a Fair Judiciary and the Committee for Justice will all prepare background research on potential nominees, setting up the eventual, inevitable attacks on the nominee as a left-wing extremist.

Those groups are gearing up for the first time since helping doom the nomination of former White House counsel Harriet Miers in President Bush’s second term and replacing her with Samuel Alito.

“We’ll be organized. We’re more organized than ever before,” said Jay Sekulow, the prominent conservative lawyer who heads the American Center for Law & Justice. “The reality is we’ve got quite a challenge here with a Democratic Senate that’s virtually filibuster-proof.”

Sekulow also pointed to the fact that Senate Republicans have yet to designate a point person on the nomination. The GOP lost its top judicial spokesperson this week when Sen. Arlen Specter (Pa.), who had been the ranking member on the Judiciary Committee, bolted for the Democratic Party.”

That last part is interesting in that some are speculating the Specter move could backfire for the Democrats seeing as how they need one member from each party to give their consent to move a nominee out of committee. Specter was the closet liberal the left counted on but now he’s gone they have to go looking for another vote.

Via Michael Dorf:

And so the question on everyone’s mind (okay, on my mind) is this: What will it take to change Senate Judiciary Committee Rule IV in the event that the post-Specter-shift Republicans decide to play hardball? In today’s Republican Party, Orrin Hatch and Lindsey Graham look like the best hopes to move Pres. Obama’s nominee to the full Senate.

But let’s suppose that the Republicans (now minus Specter) on the Judiciary Committee decide they want to filibuster Pres. Obama’s nominee (oh, i don’t know, let’s say Pam Karlan) in the Committee, recognizing that the Dems (either with Al Franken seated or with the cooperation of one of the Maine Senators) can break a filibuster in the full Senate. Senate Rule XXVI authorizes each committee to make its own rules, which is how we get Judiciary Committee Rule IV. That can be amended by the committee, but presumably the proposal to amend Rule IV would itself be subject to the Rule IV procedure, and so if the Republican members of the committee are unwilling to allow a vote on Justice Karlan, then they’re likely unwilling to allow a vote on an amendment to change Rule IV itself.

That leaves us with a couple of options: 1) Change Rule IV now, with the Chair deeming Specter still officially a Republican; 2) or change Senate Rule XXVI to limit the sorts of rules that a committee can employ. Each of these approaches would require Specter’s cooperation (or the cooperation of either or both of the Maine Senators in the case of the full Senate move).

Myself, I don’t see any of this happening. Graham or some other RINO will vote to get the leftist out of committee and then it’s on to the big fight. What does the fight mean:

[I]n coming years, Souter’s replacement may well provide the fifth vote for:

— the imposition of a federal constitutional right to same-sex marriage;

— stripping “under God” out of the Pledge of Allegiance and completely secularizing the public square;

— the continued abolition of the death penalty on the installment plan;

— selectively importing into the Court’s interpretation of the American Constitution the favored policies of Europe’s leftist elites;

— further judicial micromanagement of the government’s war powers; and

— the invention of a constitutional right to human cloning.

American citizens have various policy positions on all these issues, but everyone ought to agree that they are to be addressed and decided through the processes of representative government, not by judicial usurpation. And President Obama, who often talks a moderate game, should be made to pay a high price

I’m with Macsmind….it’s time to get down and dirty as the left has been for years. It’s that important.

Oh, and lets remember that Obama said a few years ago that the Senate should “advise AND consent, and that meaningful advise and consent includes and examination of the judges Philosophy, Ideology, and Record.”

The three rumored to be on the shortlist definitely need to have their philosophy, ideology, and record examined…because they are some of the most unqualified and most leftist nominee’s in recent memory.

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