My fellow Americans -- do you want more Supreme Court Justices like Roberts and Alito, or would you prefer that they have to pass Ted Kennedy and Chuck Schumer's litmus tests? And a seat on the Court could come sooner than you think.

For the past several weeks, there has been a rumor circulating among high-level officials in Washington, D.C., that a member of the U.S. Supreme Court has received grave medical news and will announce his or her retirement by year’s end. While such rumors are not unusual in the nation’s capital, this one comes from credible sources. Additionally, a less credible but still noteworthy post last week at the liberal Democratic Underground blog says, “Send your good vibes to Justice Stevens. I just got off the phone with a friend of his family and right now he is very ill and at 86 years old that is not good.”

Normally, this news might be too ghoulish to repeat publicly. Nevertheless, with the election just days away, it is news that should be considered. It points out what could be a once-in-a-lifetime chance for the 20-year movement to recast the court with a constitutionalist majority. It would be a cruel twist indeed for conservatives to “teach Republicans a lesson” next Tuesday, only to be taught a lesson themselves within months when new Senate Judiciary Chairman Patrick Leahy (D.-Vt.) leads a Democratic majority against the most important Supreme Court nominee in decades. Conservatives whose mantra is “no more Souters” should bear in mind Robert Bork’s fate after the Senate changed from Republican to Democratic hands in 1986.

And the "moderate" Democrats running this year? What would they do?

With 55 Republican senators, the majority needed for the “constitutional option” was never a sure thing. But with significant Republican losses on Tuesday, it will surely be buried, leaving Senators Teddy Kennedy (D.-Mass.) and Chuck Schumer (D.-N.Y.) free to return to filibusters, including against Supreme Court nominees. Schumer is reported to have assured Democrats that Bob Casey Jr. -- despite running as a moderate Senate candidate -- would be supportive of Democratic efforts to block constitutionalist judicial nominees. “There’s no worry on judges,” said Schumer. “And judges is the whole ball of wax.” Other supposedly centrist Democratic candidates including Harold Ford Jr. (Tenn.), Jon Tester (Mont.) and Jim Webb (Va.) have refused to rule out filibusters against judicial nominees.

So my friends, get out and vote Republican if you have a Senate race (not to mention in your local House race). Even if you don't like the candidate, vote for Republican.

Or else all the progress we have made over the last six years in filling judgeships with strict-constructionist judges will be ended in an instance.

Posted by: Greg at 08:06 PM | No Comments | Add Comment
Post contains 462 words, total size 3 kb.