Thursday, November 16, 2006 To: Friends & Supporters From: Gary Bauer Confirmation Confrontation Hoping to make the most of the remaining days of the Republican majority, the White House yesterday resubmitted six conservative judicial nominations that have been held up in the Senate for a variety of reasons. The reaction from Senate Democrats was immediate. Senator Charles Schumer of New York declared the nominations, “a clear slap in the face.” As I read the Constitution, the president is vested with the sole privilege of making nominations to the Senate, so I’m not sure why Senator Schumer is so offended. He is not obligated to vote for the president’s nominees, but there is nothing in the Constitution that gives Senator Schumer a right to choose the nominees for our federal courts. But he is clearly claiming that authority. In fact, he told the New York Observer that he intends to “veto” the president’s judicial selections from now on because, as Senator Schumer put it, “Judges are the most important.” He also told the Observer that the single greatest failure of the Democrats as an opposition party wasn’t the Bush tax cuts or failing to stop the war in Iraq, but allowing Samuel Alito to be confirmed to the Supreme Court! Why would Schumer say that? Because over the years, the judiciary has assumed the power to redefine our values and remake America in ways our elected representatives wouldn’t dare to dream of, such as allowing abortion-on-demand, banning the Pledge of Allegiance, purging religion from the public square, and allowing men to “marry” other men. Through the courts, the radical Left is accomplishing what it cannot get passed in any “representative” body, and the Left’s allies in Congress are more than happy to let the courts do their “dirty work” for them. All they have to do is stand in the courthouse door and make sure no conservatives get on the bench. They were able to accomplish this goal in the minority by filibustering judicial nominations – effectively raising the bar for confirmation from 51 votes to 60 votes. Soon they will be in the majority, with the power to simply refuse to schedule committee hearings or floor votes. Against this backdrop are persistent rumors in Washington that 86 year-old Justice John Paul Stevens is considering “retirement.” But how can President Bush have any hope of successfully getting another nominee confirmed in Chuck Schumer’s Senate? A major confrontation over judicial confirmations seems inevitable. But there is actually a very simple solution: Mr. President, call Schumer’s bluff. Just continue sending up one conservative nominee after another. Sure, the liberals might shoot down one nominee, like they did to Robert Bork, but the public won’t tolerate their obstruction for very long. Explain to the American people that judges like John Roberts and Samuel Alito won’t redefine marriage or ban our Pledge of Allegiance just because one atheist somewhere is offended. If Senate liberals drag their heels, there would still be eight justices on the high court and the worst thing that could happen is that liberals might lose some cases on tie votes. If it really drags on, then the issue of judges becomes a prime campaign issue in 2008, and candidates for president and the U.S. Senate will have to explain to the American people exactly how they view the role of judges in our society. I think that would actually be a very healthy and worthwhile debate to have. House Democrats Push Back Incoming Speaker of the House Nancy Pelosi suffered a personal and political rebuke today when her fellow Democrats resisted her push to make Representative John Murtha Majority Leader. The public has been watching Democrats with a wary eye – worried that they may resort to their liberal ways. Evidently, many House Democrats felt that the combination of a Speaker from San Francisco and a Majority Leader best known for his anti-military rhetoric and ethical lapses probably didn’t send the best signal. Despite claims by Murtha that he “had the votes,” in the end the vote wasn’t even close – 149-to-86. Representative Steny Hoyer of Maryland will serve as House Majority Leader in the 110th Congress. House Republicans will select their new leaders tomorrow. * * * * * If you are interested in receiving Mr. Bauer's daily report by e-mail, please call 703-671-9700, visit SIGN UP FOR GARY BAUER'S "END OF DAY REPORT" or simply send a reply e-mail titled "Subscribe" and include your name and address. To be removed from Gary Bauer's End of Day distribution list, please reply to this message with "Remove" in the subject line. Please feel free to share this report with family and friends. 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