Monday, July 04, 2005

Woot, sort of

Teddy Kennedy is on point in today's Washington Post.

He says,

The genius of their plan was obvious. If both the president and the Senate must agree on an appointment, there is a strong incentive to select people who can obtain a consensus in the nation and in the Senate. They spoke of the appointment power as a "joint" power, and that's what it's been for 218 years. "Joint" means cooperation and consultation and consensus. It means picking from a list of mainstream lawyers and judges who have demonstrated that they are dedicated to the Constitution and the rights it guarantees. It means avoiding candidates who would come to the court with personal, partisan or ideological agendas. It means ignoring the advice of those who prefer that the president pick fights with the Senate instead of picking judges with the Senate. It means taking seriously the "advice" part of "advice and consent" by sharing the names of prospective nominees with the leadership of both parties in the Senate, the Judiciary Committee, and other senators who will fairly reflect the balance of views in the Senate and the country.

and

The president should reject the pressure of the extreme factions of his party that want litmus tests for his nominee. This process shouldn't just be about whether the next justice would help roll back women's rights by overturning Roe v. Wade , the law of the land. It should be about something much more basic: protecting our core constitutional values for generations to come, the freedoms that we've fought for, bled for and died for. Because of Sandra Day O'Connor, the disabled are guaranteed access to our public courts. Teachers can't be fired for opposing discrimination against girls in our public schools. Patients can get a second opinion when an HMO tries to deny them care. Our water is cleaner and citizens can stop polluters who dump toxins into our waterways.
I like his characterization of the goal as "protecting our core constitutional values." That's great. It means sticking to precedent. It means protecting liberty in the 14th Amendment. It means maintaining our commerce clause doctrine.

Too bad the message had to come from Sen. Kennedy.

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