Bush legacy will be written by judicial appointments

David Savage:

After nearly seven years in the White House, President Bush has named 294 judges to the federal courts, giving Republican appointees a solid majority of the seats, including a 60%-to-40% edge over Democrats on the influential U.S. appeals courts.

The rightward shift on the federal bench is likely to prove a lasting legacy of the Bush presidency, since many of these judges -- including his two Supreme Court appointees -- may serve for two more decades.

And despite the Republicans' loss of control of the Senate, 40 of Bush's judges won confirmation this year, more than in the previous three years when Republicans held the majority.

"The progress we have made this year . . . is sometimes lost amid the partisan sniping over a handful of controversial nominations," said Sen. Patrick J. Leahy (D-Vt.), chairman of the Judiciary Committee, in a year-end statement.

This progress is not altogether welcomed by liberal activists, who have been frustrated in their efforts to block more of Bush's nominees.

"Some of the appeals courts will be quite far to the right for a generation to come. So why is the Senate rushing to confirm as many of these terrible nominees as possible?" asked Simon Heller, a lawyer for the Alliance for Justice, a liberal advocacy group.

He gives the Republicans more credit than the Democrats for adhering to the party line. "Republican senators have voted in lock step to confirm every judge that Bush has nominated. The Democrats have often broken ranks," he said.

Conservatives tend to agree on that point. They say the ideological makeup of the courts has grown into a major issue on the right, and it has brought Republicans together, whether they are social conservatives, economic conservatives or small-government libertarians.

"This issue unites the base," said Curt Levey, executive director of the Committee for Justice, a group that lobbies for Bush's judicial nominees. "It serves as a stand-in for the culture wars: religion, abortion, gay marriage and the coddling of criminals."

Nothing irritates conservatives more, he said, than having unelected judges decide politically charged issues that some believe should be left to voters and legislators. "Conservatives tend to blame judges for the left's success in the culture war," Levey said.

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Most of the really bad decisions are those where liberals are in the majority. The judicial branch has become the last bastion of liberal fascism. It is where they go to impose policies they know they can not prevail on at the ballot box. It is why they resist Republican judges who want to allow Congress to be the major lawmaker. The idea that Democrats have been too generous in approving the President's nominees is farcical. Democrats engaged in an unconstitutional attempt to block nominees by imposing a filibuster on some well qualified nominees with majority support.