final frontier – destroying the judiciary

today in the washington post, the republicans spell out how they intend to bring the united states judiciary into line by using “… budgetary, oversight and disciplinary authority to assert greater control over the federal courts before next year’s elections.

the conservatives are attempting to change the fabric of congress to push through their extremist agenda, these same senators and representatives are planning an all out assault on the judiciary that dares to declare their activities beyond constitutional construct.  

if ever there was a time to worry, it is now…

more below the fold…

infuriated by the courts rebuffing their intrusion into the life of terri schaivo, conservative lawmakers, led by tom delay, have declared the courts are “arrogant and out of control” – but it would seem that the conservative movement has lost control.  in the attempt to subvert long standing senate rules to ram their judicial choices through with a simple majority, those driving the ultraconservative movement are shaping the fight for the next supreme court judge.  if a simple majority holds after destroying the filibuster, there will be no means for the minority (or in this case the majority in the country) to stop an extremist head of the supreme court from being put into place.

but this is not the only goal of the extremists in congress.  sen. james sensenbrenner wants a remake of the entire judicial system.  he proposes an “inspector general” who would oversee the judiciary – but who, pray tell, would appoint that inspector general.  if judges were held accountable to partisan appointees, how long before the impartiality of the courts would disappear.  in the washington post article, some of sensenbrenner’s more radical plans are discussed, such as using budget oversight to control the courts.

according to wapo,

Sensenbrenner also vowed to pursue a longtime Republican effort to split up the U.S. Court of Appeals for the 9th Circuit, which is based in San Francisco and is considered to be one of the most liberal circuits in the country. Conservatives were infuriated when the court ruled in 2002 that the Pledge of Allegiance was unconstitutional because it describes the United States as “one nation under God.”

During the interview, Sensenbrenner said he will be “very active” during the final year and a half of his chairmanship in seeking to curb the judiciary — starting with passage of a tougher disciplinary mechanism for judges. He said he will not be deterred by criticism that his party is trying to alter the balance of power among the three branches of government.

Republican leaders described the effort as a companion to the effort by President Bush and Senate Republicans to confirm conservatives to lifetime seats, so that Congress can exercise authority over liberal judges who are already on the bench.

“There are some judges that have deliberately decided to be in the face of the president and the Congress, and when they are criticized for that, they hide behind the issue of judicial independence,” he said. He added that none of the three branches of government “should be given a blank check without oversight on their operations.”

perhaps the most chilling aspect of the conservative attack is to split the 9th circuit into three separate circuit courts – one made up of alaska, washington and oregon; the second to cover the four mountain states and the third to cover california.  that would slice the most liberal circuit into one liberal and two conservative courts.

fortunately, rep john conyers is fighting to stop this attack on checks and balances, but his job is more difficult as the judiciary committee is stacked 23 to 17 in the favor of the republicans.

conyers is quoted in the wapo article as saying…

Rep. John Conyers Jr. (Mich.), the top Democrat on the Judiciary Committee, said his party is “going to resist all of these encroachments because they compromise the whole idea of the separation of powers.”

“For us to be trying to get back at the judiciary in this kind of way, I think, is going to be a very serious weakening of the constitutional basis for the democracy, and that needs to be resisted,” Conyers said.

if these conservative extremists succeed in subverting the judiciary, the final step of turning america into a fascist state will be in place.  with the intoduction of the new “real id” – no american will succeed in being beyond the reach of those who wish to destroy our democracy.

how can we prevent this?  what can we do?  why is the msm not covering this attempt to destroy the third branch of government – the only branch left that holds some check on the current administration.  we have always looked to the courts for impartiality – that is, we did until november, 2000, but even then, we held hope that the system would somehow work.  after all, even the supreme court stated in 2000 that their decision was not to be held as precedent.  so, what do we do now?

i’m open for all ideas – and i am sure, rep. conyers and all are listening, too.

in the meantime, we can rest easy knowing that bush is out biking somewhere in the woods in maryland.  

Sensenbrenner’s ideas are gaining support in the Senate, where there are several members who are courting religious conservatives in anticipation of the presidential primaries of 2008.