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The Political Fight Against Judicial Tyranny

By David Barton

We are quickly approaching a vital time in our nation’s history – the 2006 elections. The 2004 elections set in place some positive new trends among Christian voters and we are looking for more of the same in the 2006 election cycle.

President George W. Bush shakes hands with newly confirmed U.S. Supreme Court Justice Samuel Alito, Tuesday, Jan. 31, 2006 at the State of the Union Address at the United States Capitol. (White House photo by Eric Draper.)This year, we will elect new U.S. Congressmen and Senators who will not only represent us and our values, but who could change the face of the nation in regards to judicial appointments. The media is well aware of what is at stake in our nation and has already been talking about the impact that values voters could once again have – except, this time, their speculations are that many values voters will be, and already have been, tempted to sit out the 2006 elections. They say that we have accepted the popular idea that we should punish our elected officials by just staying home this November. While that notion may be present in the minds of some, we must see the greater picture – who will we actually punish by staying home? Will it be the Congress and Senate – or will it be our families, friends, and even nation because we didn’t get out to vote for the candidate who would best represent our values?

The notion that our Congress deserves “to be punished” in such a way is questionable at best. We must remember that we have seen them administer the appointment of two excellent Supreme Court justices, pass three laws adding further limitations on abortion, uphold the President’s veto on embryonic stem-cell research, and appoint several dozen conservative judges in the lower federal courts. This election cycle, Evangelical Christians must prove rumors of decreased voter turnout incorrect and show up like they did in 2004 – setting record numbers this November. If you are reading this article and are concerned about important issues such as the sanctity of life, the Biblical definition of marriage, the freedom of religious expression, and passing more moral legislation, you have the opportunity to make a difference in your state – and the nation – this November at the polls. We must not accept the mainstream media’s prevailing assumption that conservative values voters have already conceded defeat.

Needless to say, a shift in the current majorities would make things difficult for the final two years of President Bush’s time in office. Most significantly, President Bush’s ability to appoint conservative judges to the Supreme Court and other federal courts would be severely hampered if we lose any of our conservative senators, as all of these appointments would need approval of the Senate.

Given the heightened level of contention in judicial appointments, as exemplified in the Roberts and Alito hearings, a Senate majority friendly to the President’s appointments has become all but essential to the approval of future appointments. It is possible that neither Alito nor Roberts would have been approved had the conservatives not held majority. A change in the Senate majority as a result of the fall elections would most likely translate into the blocking of all of Bush’s judicial appointments in his final two years, including the possible appointment of a third Supreme Court justice.

Indeed, it is highly possible that at least one Justice will retire before the end of President Bush’s term, thus enabling Bush to make his third appointment to the Supreme Court. John Paul Stevens, the senior member of the court, has hinted that since he was appointed by a Republican president, he feels like he ought to retire under a Republican president. This is tremendously important because Stevens has consistently ruled against family and traditional values during his time on the Court. Some even believe him to the most liberal member of the Court, consistently voting in favor of abortion and gay rights. If Stevens does in fact retire, it provides an incredible opportunity to replace a consistently liberal justice with a solid conservative – one who would support our values. Yet again, if conservatives don’t maintain a majority in the Senate, worrying about a possible Supreme Court appointment may well be a moot point.

Both sides of the debate will acknowledge that a third Bush appointee would have a tremendous impact on the future of the Court. Conceivably, it would create the five-vote conservative block that those dedicated to traditional Christian values have been working toward for so many years. This kind of majority would make it possible for the Court to..."




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