John Roberts

WND: Conservatives Losing Marriage Debate Because They Weren't Anti-Gay Enough

Only a writer for the ultraconservative WorldNetDaily would believe that the Religious Right is too soft on the issue of gay rights.

WND’s Josh Craddock of the Institute for Cultural Communicators claims that the reason more Americans support marriage equality is because social conservatives haven’t fought gay rights or attacked the LGBT community enough. Responding to Focus on the Family president Jim Daly’s recent claim that the Right Wing “probably lost” the debate over equal marriage rights, Craddock alleges that organizations like Focus on the Family simply didn’t fight gay rights hard enough.

He points to the case of the campaign for Colorado’s Amendment 2, the unconstitutional law that barred anti-discrimination ordinances from covering gays and lesbians, protections that anti-gay activists said granted “special rights” and ceded too much ground to the gay-rights movement. Craddock argues that Religious Right activists should have more vigorously and forcefully opposed the decriminalization of homosexuality and letting anyone who was gay or sympathizes with gay rights from serving in public office:

Rewind to 1992's Colorado campaign on Amendment 2, designed to ban homosexuals from receiving special rights based on their sexual orientation. It was then that Dr. James Dobson and the vice president of public policy for Focus on the Family, Tom Minnery, adopted the unwise but politically opportunistic pro-Amendment 2 campaign slogan "Equal rights, not special rights." If homosexuals are entitled to "equal rights," then why should homosexual couples be prohibited from marrying? Focus on the Family lost the gay-marriage debate in 1992 when they broke with 3,500 years of Judeo-Christian history and sided with Hillary, Hollywood and the humanists by legitimizing homosexual behavior.

Incidentally, that victory was short-lived. It was overturned in Romer v. Evans (1996) with the help of a prominent Washington, D.C., lawyer who specialized in oral arguments before the Supreme Court. Less than a decade later, Dr. Dobson actually supported that attorney's bid to become the nation's next chief justice. In 2005, John Roberts was confirmed to the Supreme Court.

Most recently, Focus on the Family announced that they wouldn't oppose a homosexual nominated to the Supreme Court over sexual orientation. A spokesperson for the organization commented in 2009 that the nominee's sexual orientation "should never come up" because "it's not even pertinent to the equation." Not even relevant to know if an individual appointed for life to the highest court in the nation has a traditional view of the family, or is a self-avowed homosexual? Where did that come from? Certainly America's Founding Fathers would be shocked, since they followed lock-step with Christian Western tradition that criminalized homosexuality.

Today's conservative Christian leaders believe what was scandalous just 30 years ago: that homosexuality should be legal. Back in the Dark Ages, way back in 1986 when the Supreme Court upheld Georgia's anti-sodomy law, Christian leaders actually believed that homosexual behavior should be criminal. Their beliefs have changed rather quickly with the culture, preferring to garner social acceptance through a moral fluidity that reminds me of Groucho Marx's quip: "If you don't like my principles, I have others."

Despite victories for traditional marriage in states across the Union, social conservatives are losing because they've missed the heart of the issue. Same-sex marriage is a diversion. The real battle is over the morality of homosexuality itself.

Lou Engle's War on the Supreme Court

Last week, the International House of Prayer hosted a four-day conference called "One Thing" during which Lou Engle explained that he is leading a spiritual war against the Supreme Court to get abortion outlawed in America and that because of the efforts of his team of prayer warriors, Chief Justice John Roberts was nominated and confirmed and the efforts to filibuster President Bush's judges failed ... and that now they are asking God to visit Justices Sotomayor and Kennedy with dreams and revelation:

Random Book Blogging: Engle's QuiverFull Army, Future President, And Pro-Life Man on the Supreme Court Mountain

A few months ago I ordered a book entitled "The Reformer's Pledge" which consists of a bunch of essays written by people like Cindy Jacobs, Jim Garlow, Chuck Pierce, Lance Wallnau, C. Peter Wagner, and others.

Among the essays is one written by Lou Engle on "creating a culture of life" and I just want to highlight a few key passages ... like the section where he urges Christians to have more children because they are being out-bred by Muslims and it will help in terms of winning elections:

With deep sadness and inward frustration, I see the encroaching Muslim movement bearing offspring with about an 8 percent growth rate in America, rolling in over the once Christianized nations of the West ...

While the secular society is aborting their children, the Church imbibes the same humanistic lie that children are an inconvenience. We should obey the biblical culture plumb line that says "Children are a heritage of the lord ... Happy is the man who have his quiver full of them" (PS. 127:4-5). Instead, we have adopted the lie that ta large number of children born into a family were a blessing only for our past agrarian society. Rather than limiting our children to one or two per family, we could have shot four to ten God-given arrows into the heart of the voting booth. If we had, today there would be no pro-abortion leaders or judges in our government. We would have voted them out before there ever was a Roe v. Wade.

Let me speak clearly to my fellow reformation-minded brothers, sisters, and Christian leaders. If you believe that the Church is to exercise dominion in the earth, then I challenge you to repent and proclaim the unrescinded biblical mandate: Be fruitful, multiply, and subdue the earth with godly offspring.

Elsewhere, Engle indicates that there is a young person within his army of spiritual warriors that he believes will one day become President:

I'm praying for a young man that I believe will be the President of the United States some day. If you heard his prophetic history, you would know why I have such faith. Believe me, he's pro-life.

And finally I just want to take note of the section in which Engle explains how, after the 2004 election, he set up a House of Prayer in Washington DC to pray for control of the Supreme Court, which God gave them with the confirmation of John Roberts:

After the elections, we launched a House of Prayer with up to 70 young people praying day and night facing the Supreme Court building. A week before President George W. Bush was to appoint a Justice to replace William Rehnquist, one of our young women, knowing nothing, dreamed that a man named John Roberts would become the next Supreme Court Justice. Those kids prayed. Don't you think they were baptized in confidence before God when the president nominated John Roberts for the position of Supreme Court Chief Justice?

We believe that through intensive, focused, day-and-night prayer and fasting, principalities and powers were shifted, and God got His pro-life man on the top of the Supreme Court Mountain.

That sounds pretty amazing ... at least until you remember that Roberts had actually been nominated to replace Sandra Day O'Connor in July of 2005 but was tapped by Bush to replace Rehnquist after the Chief Justice passed away months later.

Can I point out that this man lived with Sam Brownback for seven months ... and that Brownback is now the Governor of Kansas.

Do Not Take Legal Advice From Bryan Fischer

Now that Bryan Fischer has hit the big time, I think it is important to remind everyone of a simple fact: Fischer generally has no idea what he is talking about.

Remember a few weeks back when he was claiming that the ruling striking down Arizona's draconian law was unconstitutional on the grounds that the Constitution says the Supreme Court is to have "original jurisdiction" over "all cases...in which a State shall be Party"?  That argument turned out to be so ludicrous that even WorldNetDaily dismissed it as nonsense.

Well, Fischer is once again demonstrating his legal genius, blasting Judge Vaughan Walker for suggesting opponents of his Prop 8 ruling might not have standing to appeal.  Here's is Fischer's brilliant analysis:

Judge Walker appears oblivious to the blatant self-contradiction in his ruling. If Prop. 8 proponents do not have standing, what in the world was he doing allowing them to argue in his courtroom on behalf of natural marriage for two weeks?

Oh, that's right, it gave him the chance to be the center of the universe for one brief shining moment. For him to have denied standing would have deprived him of his fifteen minutes, and he wasn't about to put up with that. He granted standing just long enough to get his picture in every newspaper in the country and become the darling of the effeminate left. He even tried to become a daytime TV star until the Supreme Court smacked him down. And then, when his fifteen minutes were up, he tried to tell everybody to go home.

...

The Ninth Circuit has scheduled a court date for the appeal of Judge Walker's ruling, but curiously have directed the proponents of Prop. 8 to come before it and address the issue of standing.

What the Ninth Circuit has done, in all its infinite judicial wisdom, and without apparently even realizing it, is to settle this question before it's even argued in court. For if the proponents have standing to argue standing, then they have standing. If they have no standing, they shouldn't have been scheduled even to make arguments for standing.

The mere fact that the Ninth Circuit is inviting them into court to make the case for standing means, if logic and consistency mean anything, that the court has already decided this question in the affirmative.

We'll see if they're rational enough to figure out what they've done here. Being as how they're liberals, all bets are off on that one. They can hardly now rule against the standing of Prop. 8 proponents, because a higher court will say, well, if they had no legal right to be there, why did you even let them in your court in the first place?

First of all, Walker didn't say Prop 8 proponents didn't have standing in the initial case, he said they might not have standing to appeal ... and the issue standing is going to be an important question in moving the case forward in the appeals process: 

[A]dvocates of Prop 8, who are launching the appeal, may not have the necessary standing to carry it forward. The case is titled Perry v. Schwarzenegger, with Gov. Arnold Schwarzenegger and other officials in the position of defending the ballot initiative. But those officials, who are sympathetic toward gay marriage to varying degrees, are not inclined to appeal Walker's ruling.

Under Supreme Court precedent, it's unclear that proponents of legislation would have standing to defend it if state officials are not themselves defending it, because they can't show that they are suffering the necessary injury. In Arizonans for Official English v. Arizona, a 1997 case, the Court expressed "grave doubts" about the ability of such groups to challenge rulings that strike down ballot initiatives.

"There is a very serious standing issue," said George Washington University Law School associate dean Alan Morrison, a longtime expert on standing and civil procedure. The Arizona precedent, he said, "came right up to the edge" of saying there was no standing for groups like those that favor Proposition 8. Morrison also noted that since that ruling, new members like Chief Justice John Roberts Jr. and Samuel Alito Jr. have joined the Court and are "no friends of expanding standing." Setting high standards for standing has been one of several gatekeeping procedural doctrines conservative justices have used to weed out what they view as excessive or frivolous litigation from the courts.

The issue of standing is the very question the Ninth Circuit is going to be examining and why the court is explicitly telling Prop 8 supporters who are appealing Walker's ruling "to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing."

The fact that Prop 8 supporters are going to be in court does not prove that they have standing because that is the very question they are going to be in court trying to decide.

Note to Lafferty: It Was Conservatives Who Took Out Harriet Miers

I have to say that this op-ed from Andrea Lafferty of the Traditional Values Coalition alleging that there has been some sort of double-standard in the treatment of Elena Kagan and Harriet Miers might just be the dumbest thing that anyone has written during this entire confirmation process: 

The parallels between the nominations of Kagan and Miers — their similar legal background and connection to the presidents who nominated them — makes the various reactions from the right and the left stand in stark contrast. While Miers was harassed and criticized by both sides of the aisle until she withdrew her name from consideration, Kagan has faced relatively mild opposition, and this coming almost exclusively from the right.

Why the deferential treatment for the current nominee? It seems as though Kagan’s friends in the executive and legislative branches have no problem with her aforementioned disqualifications. Harriet Miers’s close connection to President Bush was unacceptable to many, but Elena Kagan’s connection to President Obama and her political ties to many left-wing causes is permissible, according to those who would like to give her activist tendencies new life with this increased power.

What on earth is Lafferty talking about? As she freely admits, it was the opposition of conservatives that caused Miers' nomination to be withdrawn by President Bush.  It was right-wing leaders who screamed and yelled that Miers was insufficiently conservative, which made her unqualified for a seat on the Supreme Court. 

Lafferty claims that Miers was forced to withdraw due to opposition from "both sides of the aisle," which is just laughably false, as it was the concerted efforts of conservative activists who organized opposition campaigns that took out Harriet Miers:

According to “WithdrawMiers.org,” a coalition formed by the Eagle Forum’s Phyllis Schlafly, Fidelis, and others for the sole purpose of opposing the nomination: “Miers’ … few published writings offer no real insight or assurance of a judicial philosophy that reflects a commitment to the Constitution.” And on issues where Miers had something of a record, WithdrawMiers.org was not impressed: “Ms. Miers fought to remove the pro-abortion plank in the American Bar Association platform, yet fought this Bush Administration in ending the ABA’s role in vetting judges which is known to be biased against judges whose judicial philosophies reflect a clear commitment to the Constitution. She donated money to a Texas pro-life group, yet helped establish an endowed lecture series at Southern Methodist University that brought pro-abortion icons Gloria Steinem and Susan Faludi to campus.”

Like WithdrawMiers.org, Americans for Better Justice sprang up simply to oppose the Miers nomination. Founded by ultra-conservatives like David Frum, Linda Chavez, and Roger Clegg, ABJ was unconvinced that Miers shared its founders’ right-wing views and began gathering signatures on a petition demanding Miers’ withdrawal: “The next justice of the Supreme Court should be a person of clear, consistent, and unashamed conservative judicial philosophy … The next justice should be someone who has demonstrated a deep engagement in the constitutional issues that regularly come before the Supreme Court — and an appreciation of the originalist perspective on those issues … For all Harriet Miers’ many fine qualities and genuine achievements, we the undersigned believe that she is not that person.”

The right-wing magazine National Review had, in many ways, led the charge against the Miers nomination from the very beginning. Its writers called Miers “a very, very bad pick,” declared her nomination “the most catastrophic political miscalculation of the Bush presidency” and complained that the Right had been forced to endure “an embarrassingly lame campaign from the White House, the Republican National Committee, and their surrogates.”

What caused this gnashing of teeth was the fact that, according to the National Review’s editorial board, “There is very little evidence that Harriet Miers is a judicial conservative, and there are some warnings that she is not … neither being pro-life or an evangelical is a reliable guide to what kind of jurisprudence she would produce, even on Roe, let alone on other issues.”

Others on the Right were just as dismayed by the nomination. American Values’ Gary Bauer explained: “[Harriet Miers] has not written one word, said one word, given a speech, written a letter to the editor on any of the key constitutional issues that conservatives care about and are worried about and want to make sure the court does not go down the road on."

The Wall Street Journal called the nomination a “political blunder of the first order,” lamenting that “After three weeks of spin and reporting, we still don't know much more about what Ms. Miers thinks of the Constitution.”

Stephen Crampton of the American Family Association said Miers is a “stealth candidate for a seat on the Supreme Court [and] is an unknown with no paper trail,” while the Christian Defense Coalition blasted the president, saying his supporters “did not stand out in the rain for 20 hours passing out literature or putting up signs for the President to have him turn around and nominate Harriet Miers to the Supreme Court. A nominee in which there is no record of their judicial philosophy or view of the Constitution.”

Back when John Roberts was preparing for his confirmation hearing, Concerned Women for America was praising him as a “highly qualified nominee with extraordinary personal integrity who has proven himself worthy to sit on our nation's highest court.” CWA said “Senators should ignore the ridiculously inappropriate litmus tests and document demands of the radical left” and that Roberts “should receive overwhelming bi-partisan support and confirmation.”

This is in stark contrast to the stand CWA took on Miers: “We believe that far better qualified candidates were overlooked and that Miss Miers’ record fails to answer our questions about her qualifications and constitutional philosophy … We do not believe that our concerns will be satisfied during her hearing." In calling for her withdrawal, CWA revealed their real objection: “Miers is not even close to being in the mold of Scalia or Thomas, as the President promised the American people.” They demanded that the president give them a “nomination that we can whole-heartedly endorse.”

It was right-wing leaders who vehemently opposed Miers over concerns that she not conservative enough ... and now Lafferty is accusing the Left of being hypocritical for supporting Kagan? 

Nice try.

Fischer Violates 9th Commandment In Attacking Kagan For Violating Biblical Standards

As we know by now, the American Family Association's Bryan Fischer is quite serious when he says that our laws and behaviors in America ought to correspond to Biblical law ... as such, whales at Sea World ought to be put to death, and so should bears, and homosexuality should be criminalized, and people should be more like Phinehas, who saved Israel by killing two people who were engaged in sexual immorality.

And so it is no surprise that Fischer is now opposing Elena Kagan's nomination to the Supreme Court on the grounds that she violates the "scriputal standard of judgment": 

[T]here are very specific criticisms directed at any judge who would bend and distort the law in order to produce verdicts in favor of the poor.

Here are some examples:

* “You shall do no injustice in court. You shall not be partial to the poor or defer to the great, but in righteousness you shall judge your neighbor” (Lev. 19:15).
* “You shall not fall in with the many to do evil, nor shall you bear witness in a lawsuit, siding with the many, so as to pervert justice, nor shall you be partial to a poor man in his lawsuit” (Ex. 23:2-3).
* “You shall not be partial in judgment. You shall hear the small and great alike”(Deut. 1:17).

This is the standard of judging current chief justice John Roberts affirmed in his hearings. He said (paraphrasing), “If the law favors the little guy in my court, the little guy will win. If the law favors the big guy in my court, the big guy will win.” That is impartiality. That is the biblical standard for every judge at every level.

But listen in contrast to the words of nominee Elana Kagan. She wrote that the mission of the Supreme Court is to “show a special solicitude for the despised and the disadvantaged.”

In other words, she believes it is the role of a judge to bias the law toward the poor, whether the “despised and disadvantaged” are right or wrong. To put it bluntly, she believes in showing partiality to the poor in a court of law, the very thing repeatedly condemned in the Scriptures.

...

This is surely a recipe for injustice of the grossest kind.

This is and ought to be offensive to everyone who believes the Lady Justice ought to be utterly impartial, and offensive to everyone who holds the view of justice taught by the Judeo-Christian tradition ... When it comes to our courts and our judges, we must as a nation choose between a biblical view of justice and Elana Kagan’s view of justice,which in fact is not justice at all. Truth, common sense and American tradition are not with Ms. Kagan or our president on this one. To borrow a phrase from Ms. Kagan, it would be “a moral injustice of the first order” for her to be elevated to the Supreme Court.

Of course, Kagan was actually quoting Justice Thurgood Marshall with the "show a special solicitude for the despised and the disadvantaged" line that Fischer highlights.  

Now I am no Bible scholar, but isn't there something in there about "thou shalt not bear false witness"? In fact, if you read past Leviticus 19:15, which Fischer cites as proof that Kagan is unfit, to the very next verse, this is what you find:

Do not go about spreading slander among your people.

Maybe Fischer should try and take that advice some time.

Kagan: A Fake John Roberts, A Radical Homosexualist, and a Sign of The End Times

As the questioning in Elena Kagan's confirmation hearing finally gets underway, right-wing groups are busy releasing statements and reports claiming she is everything from a "clear and present danger to the Constitution" to a sign of the end times.

The Judicial Crisis Network's first day write-up is particularly confusing, as they seem convinced that Kagan is trying to "disguise herself as the next John Roberts" 

The Senate Judiciary Committee just concluded the first day of Elena Kagan's hearings to replace Justice Stevens on the Supreme Court. Our summary of Day 1: She may not be a Constitutionalist, but she sure plays one on TV.

As we expected, Kagan followed in Justice Sotomayor's footsteps and disguised herself as the next John Roberts, and Democratic Senators did their best to help her hide from her record of extreme activism on abortion, 2nd Amendment rights, and the scope of government power. According to Kagan, "what the Supreme Court does is to safeguard the rule of law, through a commitment to even-handedness, principle, and restraint." In the immortal words of The Who, "Don't get fooled again."

Seeing as it was John Roberts who "disguised" himself as a umpire who would just call balls and strikes and then, once confirmed, revealed himself to be a blatant judicial activist, that is a pretty ironic criticism for JCN to level.

But at least the JCN's complaints are at least coherent, unlike those of Gordon Klingenschmitt:

Chaplain Klingenschmitt has contracted with a team of investigative journalists including Brian Camenker, Amy Contrada and Peter LaBarbera to investigate and report breaking news about Supreme Court nominee Elena Kagan.

While serving as Dean of Harvard Law School, Kagan's administration demanded and forced Blue-Cross, Blue-Shield to cover sex-change operations as an "equal right" paid benefit, harming gender-confused students, as confirmed in 2006 and 2008 by Harvard Crimson newspaper articles.

Kagan also offered sympathetic ear to lesbian group Lambda's Transgender Task Force demand to force all women to share public bathrooms and locker-rooms with cross-dressing men, which is now part of Harvard's dormitory policy, according to the report.

"This is further proof Elena Kagan cannot be trusted to impartially rule on Obamacare or bathroom bills like ENDA, since she believes sin is a Constitutional right," said Chaplain Klingenschmitt, "but rights come from God, who never grants the right to sin."

Because if anything is going to clarify these confirmation hearings, is a report written by a bunch of militantly anti-gay activists like Klingenschmitt, Camenker, and LaBarbera ... and now that is exactly what we have:

Supreme Court nominee Elena Kagan is committed to the radical campaign pushing acceptance of homosexuality and transgenderism as “civil rights." Her unprecedented activism supporting that view as Dean of Harvard Law School (2003-2009) calls into question her ability to judge fairly and impartially on same-sex “marriage” and other homosexuality- or transgender-related issues that may come before the nation’s highest court.

Kagan’s record while Dean of Harvard Law School (HLS) demonstrates her agreement with the goals of the radical GLBT (gay lesbian bisexual transgender) movement and her solidarity with those activists. Working hand in hand with students to expel military recruiters in protest over the Armed Forces’ ban on homosexuals (a “moral injustice of the first order,” she wrote) is only the most obvious example of Kagan’s passionate dedication to this controversial and immoral agenda.

Kagan’s celebration and active promotion of the radical homosexualist and transgender worldview has profound implications. As a Supreme Court Justice, she could be expected to overturn traditional law and understandings of family, marriage, military order, and even our God-given sex (what transgender radicals call “gender identity or expression”). She is a most dangerous nominee who must be opposed by all who care about religious freedom, the preservation of marriage and traditional values.

There should be grave concern over Kagan’s issues advocacy concerning “sexual orientation.” Even before her nomination to the Court, her enthusiastic and committed pro-homosexuality activism at Harvard (including her recruitment to the faculty of radical “gay” activist scholars like former ACLU lawyer William Rubenstein and elevation of radical out lesbian Professor Janet Halley) was highly significant for the nation. Now, it is imperative that Senators and the U.S. public gain an accurate understanding of the radical, pro-homosexual environment that was Kagan’s home at Harvard – and the GLBT legal agenda that Kagan herself helped foster as Dean.

But that is actually quite reasonable compared to this statement from Tim LaHaye and Craig Parshall claiming that Kagan "presents a danger as old as the book of Genesis" and that her confirmation could be a sign of the End Times:

First, if she becomes a Supreme Court justice, she could be the all-important fifth vote in favor of interpreting our Constitution, not according to the vision of our Founding Fathers, but from an international law standpoint, a concept that would have seemed treasonous to our Founders. Three justices on the Court have already relied on foreign law in their opinions: Justices Kennedy, Breyer and Ginsburg. Recently-installed justice Sotomayor has praised Ruth Bader Ginsberg's penchant for international law, so we can assume she will be a legal globalist as well. Five justices create a majority and with Kagan on board they could begin radically steering us away from view of the Constitution that honors our Judeo-Christian heritage and founding.

Second, if this happens, it will usher America into a new age of global law. With Elena Kagan on the Supreme Court, international legal standards could well be imposed on Americans by the High Court's legal globalists, even without the Senate approving a specific international treaty. In our new novel, Edge of Apocalypse, we show how this trend might create a modern-day legal nightmare for conscientious Christians. We need only to turn to Genesis chapter 11 to see how God opposed the ancient attempt at global unification: the Lord declared the tragic result that would follow if a centralized group of fallen men were to consolidate an unlimited, unrestrained power over the planet.

Keep your eyes on the Supreme Court's view of global law. It could be one of the most telling 'signs of the times.'

With Stevens Retiring, Right Readies For a Fight

Today, Justice John Paul Stevens announced that he will retire from the Supreme Court after nearly 35 years of service ... and the Right has been quick to issue warnings to President Obama that they are ready to fight.

American Center for Law and Justice:

"The announcement of Justice Stevens' retirement underscores the reality that President Obama will make a second appointment to the nation's highest court that will impact generations to come," said Jay Sekulow, Chief Counsel of the ACLJ.

"While there's certain to be much debate about Justice Stevens' replacement, there is one thing that is clear - President Obama is likely to name a nominee who will embrace an extremely liberal judicial philosophy. Make no mistake about it - this appointment really represents more than just replacing one vote on the court. With a replacement who is likely to serve for 30 or 40 years, it's clear this replacement will have a long-term impact on judicial philosophy and likely play a determining factor in decisions for decades to come.

"Once a nominee is named and the confirmation process begins, it's important that the nominee face full and detailed hearings – with specific focus on the nominee's judicial philosophy including how the nominee views the Constitution, the role of judges, and the rule of law. That is what the American people expect and deserve."

Liberty Counsel:

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: “The Supreme Court should be about law, not politics. Beginning in the 1950s, the Supreme Court morphed into a political machine. When judges impose their political will rather than the rule of law, the rule of law is undermined and the people lose confidence in the system. As Chief Justice John Roberts said during his confirmation hearings, judges ought to be umpires who simply call the balls and strikes. They ought not play in the game or change the rules. The American people deserve a Supreme Court nominee who respects the rule of law and who will set aside personal bias in order to be faithful to the Constitution.”

Concerned Women for America:

Penny Nance, CEO of Concerned Women for America (CWA), said, “The news is no shock for those of us who follow the issue. Justice Stevens has been sending all the signals for the White House to be prepared. Our hope is that President Obama has had time to reflect on the issue and will make a change in the way he has looked at nominations. Will he nominate a justice who will show respect for our laws and the Constitution or will he continue to put ideology over the will of the majority of Americans?

“All three of the nominees in the short list are not encouraging. Elena Kagan’s apparent willingness to look at international law when deciding domestic cases, Judge Merrick Garland’s support of granting constitutional rights to enemy combatants, and Diane Wood’s extremely radical pro-abortion activism should bring chills to every American. We know the President can do better than that.”

CWA President Wendy Wright said, “Coming off of a debate over health care that has deeply divided the country against Pres. Obama, in which he ignored the Constitution and foisted his contentious beliefs onto millions of Americans, President Obama desperately needs to choose a qualified and Constitutionally-sound nominee. It would be healing for the country for President Obama to change course and select a nominee that respects the Constitution more than their own –or foreign countries’ – ideology.

Mario Diaz, Esq., CWA’s Policy Director for Legal Issues, said, “The President has the opportunity to change the radically divisive image he has created in the minds of many Americans. If he decides to nominate someone who respects the Constitution as written, instead of someone who believes in a living Constitution that they can mold to say whatever they want, he can do a lot to repair his image.

“Last time, even his own nominee, Justice Sotomayor, rejected the President’s idea of the role of a judge, even though her own record lined right up with the President’s radical view. That is how radical the President’s view is in this area. So if experience tells us anything, it tells us he will go with ideology instead of what is best for the country, but we hope and pray that we can finally see a ‘change,’ like he promised us.”

Priests for Life:

"The opening of a Supreme Court seat will again open the ongoing debate in our nation over abortion -- and it well should, not because Justices are supposed to shape public policy, but because the very purpose of government is the protection of human rights, starting with life. Anyone who fails to affirm that does not belong in any public office, much less the US Supreme Court."

Judicial Crisis Network:

This vacancy will open a new dialogue about the role of courts in our society. The American people are fed up with President Obama’s left-wing agenda and will make their frustration known at the polls. But he still has one ace up his sleeve: packing the Supreme Court with rubber stamps instead of judges. To an activist judge, the constitution represents an inconvenient truth that they will distort, ignore, or defy to push their radical liberal agenda.

President Obama painted Justice Sotomayor as the epitome of moderation, but her record on the court has been anything but. In her first term she has yet to meet a left-wing position she didn’t like. When President Obama speaks about maintaining balance on the court, don’t believe it. If Justice Thomas were the one retiring, the word “balance” would have been already banned from the White House.

 Traditional Values Coalition:

The retirement of Supreme Court Justice John Paul Stevens is good news and bad news. It’s good news that he will no longer be free to impose his liberal ideas on Americans through his Supreme Court edicts. But, the bad news is that President Obama will undoubtedly appoint someone equally liberal and far younger who will rewrite the Constitution according to his or her political purposes.

Ultimately, the retirement of Justice Stevens and appointment of a new Justice is an even trade.

If President Obama had any honor, he would pick a replacement for Stevens who respects the Constitution, but this is unlikely. He will choose a radical ideologue who will push the Court to the left for decades to come. Obama will replace an old judicial activist with a younger one.

Right Wing Leftovers

  • Rather than allow a lesbian student to attend prom with her girlfriend, a Mississippi school has decided to cancel the prom entirely.  Pathetic.
  • Apparently, Chief Justice John Roberts thinks it is "very troubling" for the President to criticize his rulings. Boo hoo.
  • "Founder of Christian Apparel Maker 1M4JC (1 Million for Jesus Christ) to Run for US Congress." Awesome.
  • The Family Research Council is calling for an investigation into the Eric Massa scandal.
  • Finally, the AFA's Bryan Fischer goes after VA Gov. Bob McDonnell: "Bob McDonnell won the governorship of Virginia last November by campaigning as a social and cultural conservative, and pledging to uphold conservative social values. That pledge lasted about 54 days, shorter even than the shelf life of most of President Obama's empty promises."

Right Wing Round-Up

Welcome To Washington, Senator Brown

Nothing says "welcome to Washington, Senator Brown" like arriving in town only to be met by Religious Right activists such as Rev. Rob Schenck who will inform you are not a very good Christian:

In the hours since Mr. Brown won the Super Bowl of special elections, a lot about him has come to light. In yesterday’s post I told you about the Senator-elect’s family church. Well, it looks like it may indeed be more of his family’s church than his own. A source that once worked for Mr. Brown in the state legislature described him as a “non-church-going Protestant.” Apparently, Mr. Brown has the reputation of doing something other than worship on Sunday mornings.

Even if Mr. Brown taught Sunday school every week, it wouldn’t necessarily mean he’s a “good Christian,” nor that he understands Christian doctrine or moral instruction–and it appears he’s quite deficient on at least the latter. He explicitly recognizes Roe v. Wade, the 1973 Supreme Court decision de-criminalizing the killing of pre-born children, as “the law of the land.” (Before coming down too heavily on him for that, though, remember “pro-life” Chief Justice John Roberts said the same thing during his confirmation hearing.) What betrays even more his lack of good Christian moral formation is Mr. Brown’s support of so-called “civil unions,” which has as a consequence, whether intended or unintended, of granting social sanction to immoral behavior.

A few of my readers have concluded that because of these serious deficiencies, Mr. Brown is either a fake or a uselessly flawed individual that shouldn’t occupy this seat any longer than necessary. Well, I’m not quite so condemnatory or dismissive. What Mr. Brown appears to me to be is a Massachusetts politician. He may or may not be a Christian, but that doesn’t change his profession.

Elsewhere, Schenck reports on his meeting with Brown and his own vow to help him develop a conscience:

"He comes off as humble, genuinely interested in what he is doing and the people he will serve. My concern is for his interior moral formation. I told him he can count on our prayers and our pastoral advice. My first impression is that there's nothing guaranteed with Scott Brown, but it seems he has a conscience, and I intend to work on developing that conscience."

Is This How Elections Work?

I'll admit that the inner workings of Congress can be rather confusing, but I didn't realize that every piece of legislation that had been passed by the Senate had to be revisited so that a newly elected member could vote on it, which is pretty much what the American Center for Law and Justice is demanding in this email they just sent out:

With Sen. Brown's victory, it's reported that the Senate may not vote on the health care bill, and instead have the House approve the measure - leaving incoming Sen. Brown without an opportunity to vote on health care reform.

But any attempt to shut out Sen. Brown from the legislative process circumvents this election and clearly denies the will of the people.

It's time to put a stop to the flawed government-run, pro-abortion health care program that's been on a fast-track since Day One. Congress must respect the outcome of this pivotal election and let incoming Sen. Brown vote on health care ... NO QUESTIONS ASKED.

Really?  Is that how things work?  Newly elected candidate must be given an opportunity to vote on things that happened before that person was even elected or else it "denies the will of the people"? 

If that is the case, can we go back and vote on the confirmations of Chief Justice John Roberts and Justice Samuel Alito now that Democrats have a sizable majority in the Senate? 

And, for what it is worth, the ACLJ is also warning that it has a "team of lawyers" ready to pounce  should their be any delay in seating Brown

We’ve assembled a team of lawyers to determine what legal action could be taken should Democrats refuse to recognize or delay the outcome of this election. We have produced a legal memorandum that focuses on election law in Massachusetts for the special Senate election.

Elections have consequences and the Democrats must understand that the consequences of a Sen. Brown victory mean it’s time to put a stop to the flawed government-run, pro-abortion health care program that’s been on a fast-track.

Sotomayor's Confirmation: A Victory for the Right?

Now that Sonia Sotomayor has been confirmed by a vote of 68 to 31, it's never too early for the right-wing groups that vehemently opposed her nomination to start claiming victory:

The final vote was “a triumph of party unity over some of the interest group politics that you would have expected to play a bigger role,” said Curt Levey, executive director of the conservative Committee for Justice, which opposed Judge Sotomayor’s confirmation.

But that is nothing compared to the spin contained in this lengthy memo that the Judicial Confirmation Network released before the final vote was even taken, proclaiming its opposition campaign a monumental success by making Sotomayor the "most unpopular confirmed Supreme Court nominee ever," "refuting the liberal judicial activist philosophy of the President," and, most importantly, frustrating liberal left activists:

Although Judge Sotomayor was confirmed, it was not a resounding victory for the liberal view of the Court: in fact, just the opposite. Because she failed to uphold the liberal view of the Constitution and judging, she has made it more difficult for future Obama nominees who would attempt to be more intellectually consistent and honest. President Obama, the darling of the liberal left, failed – when he had the greatest capital to spend on a nomination of his choosing – to put a powerful and unabashed liberal lion, in the mold of Justice William Brennan, on the Court.

This has unnerved the liberal left and put President Obama into a box. Judicial restraint has won, and judicial activism has lost. Some who voted for Judge Sotomayor, such as Sen. Ben Nelson (D-Neb.), specifically did so because he concluded she was “not an activist.” Although Sen. Nelson plainly made an analytical mistake, at least he had the right goal in view. Accordingly, future nominations promise to focus on the nominee’s actual adherence to the practice of judicial restraint. And future liberal activist nominees who have not penned the inexplicable, analysis-free opinions that Judge Sotomayor generated in important cases may find their records harder to hide from.

31 “no” votes in the U.S. Senate.

It’s remarkable, and a real show of strength for proponents of judicial restraint, that the negative vote on this nomination was so high. The “historic” nomination of the first Hispanic nominee to the Court, made by the purportedly “post-partisan” President Obama, who at the time enjoyed high personal popularity and was still in his post-inaugural honeymoon, with a commanding 60-vote supermajority of Democratic votes in the Senate, could not muster even close to the 78 “yes” votes that Chief Justice John Roberts received. The 31 votes against Judge Sotomayor are the highest “no” vote on any Supreme Court nominee picked by a Democratic president since 1894.

And this record opposition to a Democratic nominee occurred on a straight up-or-down vote, following a nomination process that Judge Sotomayor herself said was fair and respectful; Republican Senators never stooped to the common Democratic tactics of personal attacks and obstruction. They asked tough questions, reflected thoughtfully, and discharged their constitutional job of “advice and consent” promptly.

So, despite the Right's relentless attack campaign, Sotomayor was confirmed by a 2 to 1 margin and will now take her place on the Supreme Court?

Well then, by all means, congratulations on your resounding victory, JCN.

UPDATE: The Committee for Justice has released its own equally delusional statement:

“The engagement of the Second Amendment community will long be remembered as the most significant aspect of this confirmation battle. Although the NRA’s decision to oppose Judge Sotomayor and score her confirmation vote got the most attention, the grassroots mobilization of gun owners from the bottom up is probably the biggest story. As a result, gun rights emerged as the most influential issue in this and probably future Supreme Court confirmation battles.

“By adding a large and influential constituency to the coalition opposing the nomination of judicial activists, the Second Amendment issue has forever changed the political dynamics of the judicial confirmation process.

...

“Republican senators should be proud not only of their votes today, but also of the tough but fair questions they asked Sotomayor during her hearings and of the powerful floor statements they made in opposing her. As a result, Americans got the teaching moment they deserved. For the first time since the nomination of Robert Bork in 1987, the confirmation battle saw a serious debate about judicial philosophy and the proper role of judges, rather than just an argument about case outcomes.

...

"[T]he living Constitution is now dead as a defensible judicial philosophy outside academia. There is no doubt that judicial activism will live on surreptitiously in the courts, but it is doubtful we will ever again see a Supreme Court nominee who has openly espoused it, no less one willing to defend it during his or her confirmation hearings.

“Finally, it has been a bad summer for the purveyors of identity politics. Not only was the President forced to beat a hasty retreat from his old-school, victim-based take on last month’s incident in Cambridge, but his Supreme Court nominee denied any knowledge of the race-base theories of judging she and other liberals have long championed. Meanwhile, Democrats failed miserably in their attempt to convince Republican senators that they opposed a Hispanic nominee at their ‘own peril’ (quoting Sen. Schumer). Polls showing that Hispanics and non-Hispanic whites shared the same unimpressive levels of support for Sotomayor generally, as well as the same levels of specific concern about her Second Amendment record, dealt a further blow to identity politics. Those of us who believe that racial favoritism has no place in law or politics should celebrate.”

Before A Single Question Has Been Asked, JCN Renders Its Verdict

The first day of Sonia Sotomayor's confirmation hearing is now complete.  The day was dedicated to opening statements from all sides and no questions were asked ... but that doesn't matter to the Judicial Confirmation Network, which declares that "the verdict on [her nomination] is 'no'" without even bothering to wait to hear her answers:

We have seen enough to conclude that nothing that Judge Sotomayor or her liberal backers say in her hearings this week can alter the significant record before us, and accordingly, we are today asking Senators to vote “no” on her nomination. Far more relevant than whatever she says this week, as a result of White House coaching, is what she has said and done in the past. In short, past performance is indicative of future results. Her record of decisions and statements is a far better predictor of what she would do in the future as a Supreme Court Justice than any self-serving testimony she may offer this week ... Senators will begin to focus on the details of her record in the next few weeks. We do not want them to mistakenly conclude that what she says during this week’s Judiciary Committee hearings can outweigh what she has done and said over the past 30 years. The verdict on Sonia Sotomayor should be “no.”

The JCN actually released this statement before Sotomayor had even delivered her opening statement.  It's quite a contrast to what they were saying back around the time of John Roberts' confirmation hearing, when they were attacking "extremist liberals" for "politicizing" the hearings and demanding "fair and respectful hearings":

"This selection also underscores the President's commitment to making sure the Supreme Court is fully staffed to do the nation's judicial business as soon as possible. This will be a real test for extreme liberal partisans: will they put down their ideological attack weapons and allow the confirmation process to move forward smoothly and swiftly, both for Judge Roberts and for the second nominee the President will soon name? In the spirit of serving our country's best interests, as Chief Justice Rehnquist did selflessly for 33 years, they certainly should. This would be the best way to pay homage to the late Chief, who as a public servant kept the Court open and showed up for work even in blizzards that shut down much of Washington D.C., and who worked hard even when he was in physical pain. The Senate should likewise work hard to do its job of completing fair and respectful hearings on the President's nominees as quickly and efficiently as possible."

The Right Readies for Sotomayor

With Sonia Sotomayor's confirmation hearing getting underway, the Right readies its attacks.

Manuel Miranda says "the Sotomayor hearings are a spotlight on the president who nominated her, and if the Republicans don't use it that way they are fools."

Yesterday, the Christian Defense Coalition held a prayer vigil outside the Supreme Court  while Randall Terry is planning more protests:

On Monday, a Sotomayor look alike will parade around with a "Sickle of Death," showing Sotomayor's support of the slaughter of unborn children. There will also be child coffins holding "dead babies."

Randall Terry States:

"We are tired of Senators using unborn babies to seduce pro-lifers before elections - taking pro-lifers' volunteer labor, money, and votes - only to cast us and the babies aside like an embarrassing mistress after an election. It is disgusting.

"Any pro-life Senator who votes for Sotomayor is turning their back on unborn children and continuing this holocaust. They can't say, 'I want to overturn Roe,' and then confirm a Supreme Court Judge who will uphold Roe. To do so is hypocrisy, cowardice, and treachery of the first order.

Wendy Long of the Judicial Confirmation Network lists some questions she want to see asked:

Does Judge Sotomayor believe the abortion industry should be excused from having to prove its case in court when it sues to strike down a duly-enacted abortion regulation?

Does she believe medical records are relevant and admissible as a general matter but not if they involve abortion?

Does Sotomayor have such great faith in abortion providers that she is willing to accept their verbal claims as fact and impose them as a matter of law?

The American Center for Law and Justice likewise wants to see "tough questions" asked:

“The Senate must fulfill its constitutional role in providing advice and consent and that means asking the tough, in-depth questions about Judge Sotomayor’s view of the Constitution and her judicial philosophy,” said Jay Sekulow, Chief Counsel of the ACLJ. “What does Judge Sotomayor believe is the proper role of judges? How does she view her role as a judge? These are important questions that deserve straight-forward answers. A Supreme Court appointment is the lasting legacy of a President. And, as President Obama moves to reshape the federal judiciary, it’s critical that the American people understand the judicial philosophy and temperament of Judge Sotomayor. Let’s not forget the scope and intensity of questions posed to President Bush’s Supreme Court nominees – John Roberts and Samuel Alito. The questioning of Judge Sotomayor must be direct, focused and in-depth. The nominee must answer the questions clearly and without reservation. The American people deserve nothing less.”

Concerned Women for America is sending a letter to Senators asking them to oppose her nomination:

CWALAC President Wendy Wright said, "Sonia Sotomayor has lived the American dream. Rising from a poor childhood to being nominated to the U.S. Supreme Court, Judge Sotomayor is a testimony to the opportunities and blessings of America. But as we investigate her record, we are struck by her unwillingness to allow others to have the same opportunities as she has had. Her record reveals she lacks the primary characteristic required of a judge: impartiality. She has used her position as a judge to deny equal opportunity to people based on their ethnicity. She worked with organizations that aggressively fought against basic human rights for preborn children and ethical rights to ensure women and girls are not coerced into abortion. After giving her the benefit of the doubt, her record of giving preferences to certain classes of people and denying equal justice to others obliges Concerned Women for America Legislative Action Committee to oppose her nomination to the U.S. Supreme Court. We urge senators to vote against her nomination.

The Traditional Values Coalition has released a "scorecard" containing "16 questions Americans must demand U.S. Senators ask Judge Sonia Sotomayor before approving her lifetime appointment to the highest court in the land."  The questions include [PDF]:

How can we expect her to rule impartially on the law and the Constitution when she considers herself a world citizen – and openly supports Obama’s political agenda? She has violated the code of conduct for judges and should be disqualified.

Does Judge Sotomayor still believe in the superiority of female Hispanic justices over justices of other races and sex?

Why did race disqualify Miguel Estrada from receiving Senate approval, but not Sonia Sotomayor?

Will Judge Sotomayor refrain from abusing her new power on the Supreme Court to bring about radical change in American society?

Finally, the Committee for Justice claims that Sotomayor is as unpopular as was Harriet Miers and unveils two ads calling for her defeat, with one contrasting her to Martin Luther King and another claiming she wants to "take away your guns":

Roberts and Alito: Good for Women, Sotomayor: Bad

Apparently the confirmations of John Roberts and Samuel Alito were great things for women in this country whereas the possible confirmation of Sonia Sotomayor, an actual woman, would be a bad thing - at least that seems to be the message of the Women's Coalition for Justice:

Members of the Women's Coalition for Justice released the following statements in advance of the Senate confirmation hearings for Supreme Court Nominee Judge Sonia Sotomayor beginning next Monday.

Marjorie Dannenfelser, President of the Susan B. Anthony List, stated, "Women are best protected by the rule of law -- and blind justice. Their rights are most endangered when personal preference, ideology or painful personal history inform judgment ... Given what we know about Sonia Sotomayor's own judicial philosophy, including her support of policymaking from the bench, senators have just cause to reject her appointment to the United States Supreme Court."

Genevieve Wood, Vice President of Strategic Initiatives, The Heritage Foundation ..."[Sonia Sotomayor's] statements raise grave concerns about whether she can truly be impartial and the current defense that she simply endorses including different perspectives doesn't hold water. The Senators must ask challenging questions to determine whether she believes that a wise woman can reach the same conclusion as a wise man, or whether she intends to bring bias, as she has suggested, even to most cases."

Connie Mackey, Senior Vice President for FRCAction ... Women think independently and most women will see that Sonia Sotomayor is a judicial activist who will use the courts to make policy reflective of her own personal judgments as opposed to ruling based upon the tenets put forth by the Constitution.

Charmaine Yoest, President and CEO of Americans United for Life remarked ... "Her record of activism in support of a radical pro-abortion agenda is clear and documented. This is a judge with a record significantly worse than Judge Souter's. We are asking the Senate Judiciary Committee to seriously consider the consequences of confirming a Supreme Court justice whose radical record shows she would rule against all common-sense legal protections for the unborn, including parental notification, informed consent and bans on partial-birth abortion. The American people will not tolerate a nominee who is outside the mainstream of American public opinion."

Wendy Wright, President of Concerned Women for America Legislative Action Committee stated, "Sonia Sotomayor's record reveals she lacks the primary characteristic required of a judge -- impartiality ... After giving her the benefit of the doubt, her record of giving preferences to certain classes of people and denying equal justice to others obliges Concerned Women for America Legislative Action Committee to oppose her nomination to the U.S. Supreme Court. Sonia Sotomayor has disqualified herself from the U.S. Supreme Court. Senators need to set aside their party loyalty and do their Constitutional duty to uphold equal justice for all by opposing Sonia Sotomayor's nomination."

Not surprisingly, many of these same conservative women also participated in the "Women For Roberts" coalition which held a press conference at which they praised the fact that John Roberts "doesn't have a sexist bone in his body" as well as a “Women for Alito” press conference to make the case that "Samuel Alito possesses the capability, character and commitment to the law America needs in a Supreme Court justice, and he deserves a swift and fair confirmation."

So there you have it: the appointment of ultra-conservative men to the Supreme Court by President Bush greatly advances the interests of women, whereas the appointment of an actual woman by President Obama greatly undermines those interests and Senators have an obligation to uphold the rights of all women by rejecting the nomination of this particular woman.

Right Wing: Campaign Promises Only Valid When Made to Us

Yesterday, President Obama extended some benefits to same-sex partners of US government workers, but progressive groups and activists were decidedly unimpressed.  We released a statement calling it a "very small step in the right direction" and urged the president to live up to his own rhetoric about being a "fierce advocate" for gay and lesbian Americans and many others issued similar statements.

On the opposite side, Religious Right groups blasted the move, calling it an affront to traditional marriage and a challenge to the Defense of Marriage Act while accusing Obama of pandering, with the Family Research Council saying he was using taxpayer funds to "placate an angry portion of his base" while Concerned Women for America called the move an "outrageous abuse by the president to benefit his supporters and quell their criticism of him.”

In fact, the idea that President Obama was somehow caving to a bunch of gay rights whiners seems to be predominant theme of the Right's response:

A Christian pastor and staunch opponent of same-sex "marriage" says President Obama threw a bone to homosexual activists yesterday, but they're acting like "playground bullies" because he's not moving quickly enough to enact their top priorities ... Bishop Harry Jackson, Jr., chairman of the High Impact Leadership Coalition, believes President Obama issued the directive in order to placate homosexual activists who are upset that the Obama Justice Department defended DOMA in a legal brief earlier this month -- a move that was at odds with Obama's campaign pledge to repeal DOMA.

Apparently, the prospect of activists trying to hold a president to his campaign rhetoric is completely foreign to the Right ... or at least it is now that they are no longer in power because, in case they have forgotten, when George W. Bush was in office and making nominations to the Supreme Court, they were very very vocal in demanding a “return on their investment” and crowed repeatedly about how Bush had kept his promise when he nominated John Roberts. And when Bush later nominated Harriet Miers, the Right went absolutely bonkers, accusing him of betraying the very voters who had put him in office, forcing Miers to withdraw her nomination and then, when Bush subsequently nominated Samuel Alito, the Right went back to crediting him for once again living up to his promise.

It is especially hypocritical of Jackson, of all people, to be claiming that activists are acting like "playground bullies" for holding President Obama to his promises, considering that, ahead of the 2008 election, Jackson told Jay Sekulow that if John McCain were to win the election, they were going to make sure that McCain knew that they got him elected and that they expected a significant return on their investment (skip ahead to the 3:25 mark):

Sekulow: Senator McCain becomes President-elect McCain, what's the message? What is the message you say to him as President-elect?

Jackson: Well, I think you say to him "we got you elected." If he gets elected, it's only going to be because Christians turned out en masse at the last minute, without being really wooed by him, and then we need to say "look, we have several key priorities, we need to protect life" and we can go down the list of things that we're very concerned about. But we need access - most people don't realize that we did not have as much access to President Bush in the last term that we should have had by rights, having put him in 2004.

JCN's State-Based Anti-Sotomayor Strategy

Last week we noticed that the Judicial Confirmation Network had unviled a state-level operation in Arkansas seeking to fight Sonia Sotomayor's nomination to the Supreme Court.

State-level organizations are obviously going to play a key part in the JCN's anti-Sotomayor campaign as, in the last few days, two new ones have popped up, including one in North Dakota:

With the recent nomination of Judge Sonia Sotomayor to the U.S. Supreme Court, the North Dakota Judicial Confirmation Network is proud to announce their 2009 Steering Committee.

The group will be chaired by Rep. Rick Berg, and will include Rep. Kathy Hawken, Sen. Joe Miller, House Judiciary Committee Chairman Rep. Duane, Rep. Chuck Damschen, Bismarck Attorney Robert Harms, Rep. Blair Thoreson, and Fargo City Commissioner Dave Piepkorn. The group will continue to add steering committee members throughout the summer.

Reps Berg and Thoreson also served on the North Dakota Judicial Confirmation Network’s 2005 effort. In 2005, Senators Dorgan and Conrad both voted to confirm Justice John Roberts. Senator Conrad also voted to confirm Justice Alito.

“Our goal is to advocate for a responsible and thorough vetting process for Judge Sotomayor—and part of that means ensuring that this process is not rushed. After all, this is a lifetime appointment,” said Rep. Hawken.

The North Dakota Judicial Confirmation Network is affiliated with the national Judicial Confirmation Network—an organization of citizens joined together to support the confirmation of highly qualified individuals to the Supreme Court of the United States. JCN supports judges who interpret the Constitution, and opposes activist judges who legislate from the bench.

A similar group has also be set up in Colorado, and though this article doesn't explicitly mention its ties to the JCN, the fact that I found the article featured at the top of the JCN's website suggests that this is also part of its efforts:

A conservative coalition has formed in Colorado to oppose President Obama's nomination of Sonia Sotomayor to the United States Supreme Court, arguing that the New York judge is a judicial activist who puts her "personal political agenda" above the rule of law.

"Sonia Sotomayor's statement that a 'wise Latina woman' would generally make better decisions because of 'the richness of her experiences' than a white male reveals the extent to which political and personal agendas have supplanted the rule of law in selecting nominees," former State Treasurer Mark Hillman said in a press release announcing the coalition. "Rule of law requires that laws be written, accessible, understandable and uniformly applied."

Jim Pfaff, coordinator of the state anti-Sotomayor campaign, said it would lobby the Coloradans whose opinions of Sotomayor matter most: U.S. Sens. Mark Udall and Michael Bennet, who will vote on her confirmation. Bennet told the Associated Press Tuesday that he will support her. A spokeswoman for Udall said Tuesday that "he thinks she's impressive" but has not made up his mind.

Other organizers of the Colorado anti-Sotomayor effort include John Andrews, former president of the state Senate; Jon Caldara, president of the Independence Institute, a conservative Colorado think tank; and Jeff Crank, state director of Americans for Prosperity.

Obviously, the JCN considers the Senators in Arkansas, Colorado, and North Dakota to be key targets for their anti-Sotomayor efforts.

Dobson and Goeglein Recount Their Love For George W. Bush

So, who wants to listen to an hour and a half of James Dobson and former special assistant to President George W. Bush and current Focus on the Family Vice President Tim Goeglein count the ways in which they love President Bush and detail what a great president he was?

Nobody?

Well, I don't blame you, which is why I've edited it down to this nine minute audio clip in which Goeglein declares that "George W. Bush was the instrument in God's hand" that kept America safe; that Bush was just like George Washington; that Bush was the "most pro-life and pro-family president in the history of the United States" as demonstrated by his judicial nominations, including John Roberts and Samuel Alito; that his heart is breaking that all of Bush's work in this regard is being unraveled by President Obama; that it is not possible to be President of the United States and be pro-choice; that "there can be no compromise on the question of the defense of the innocent pre-born" and that their anti-choice efforts will be "vindicated ... by divine providence" when Roe v. Wade is finally overturned; that Bush is a "great thinker" who is "powered by integrity" which is rooted in his faith in Christ and that, in the years ahead, historians will look back and recognize Bush as the great president that he really was:

One section I didn't include was the ten minute explanation Goeglein gave about the circumstances under which he resigned from his position in the White House which, not surprisingly, he used to further demonstrate just what a loving, forgiving, and all-around remarkable human being George W. Bush truly is. 

If, down the line, you start hearing people claim that President Bush was never really committed to the  Religious Right agenda or that the Religious Right never really loved him, you can just play them this clip of Dobson and Goeglein's love note to George W. Bush, the greatest human being who ever lived.

UPDATE: The following transcript of the broadcast was prepared by The Colorado Independent:

James Dobson: There are undoubtedly some people listening to us today who are going to sneer at what you just said because George W. Bush was certainly one of the most hated presidents that we’ve had — certainly in recent memory.

He was maligned at every turn but I know you admire him greatly, don’t you?

Tim Goeglein: I do, indeed. In fact, I see George W. Bush as a great president. And I believe that George Walker Bush was right about the most important things that came across his presidency in those eight years, Dr. Dobson.

First, without peer, is that he saw the greatest external threat to our national security. And he saw it immediately. And he prosecuted the war in such a way that from 9/11 and the terror and terribleness of the day — and I was in the White House that day — until the last minute of the last hour of his presidency, George W. Bush kept us safe.

Providence kept us safe.

But George W. Bush was the instrument in God’s hand as the leader of the free world.

And every problem imaginable that comes across your desk when you’re the President of the United States. But history will be kind to George Bush because they will see that through a series of very important decisions his leadership, his personal character and integrity added up to the forbearance of another direct attack on the United States of America.

The primary role of the Commander in Chief is our national security. And, yes, I believe that part of the greatness of George W. Bush was not to see this as an intelligence problem primarily. To not see it as a police action.

Dobson: Yeah, yeah.

Goeglein: But to actually see it for what it was. Of course, this was the great blessing of our first president George Washington — the original George W. — who, you know, the thing that made him in Thomas Flexner’s landmark biography “The Indispensable Man,” the greatest trait of Washington was to see things as they were and not as he wanted to see them.

That was George W. Bush’s gift.

When he came to this war, he immediately — upon being told of the attacks — knew that this was war and that we were being attacked existentially by radical Islam.

But the one thing that we did not talk about, I think is the greatest achievement of the former president, beyond the security question, is the fact that George W. Bush is the most pro-life and pro-family president in the history of the United States.

Dobson: Now, I’ve said that on many, many occasions here at Focus on the Family and I want you to address it. George Bush is the most pro-life and pro-family president in history. Validate that statement for us.

Goeglein: I was getting ready to come to the broadcast and I literally jotted these down. These are quick snapshots of the Bush Administration on life.

• Signed and reinstituted the Mexico City Agreement
• Signed the Unborn Victims of Violence Act
• Signed the Born Alive Infants Protection Act
• Vetoed the partial birth abortion bill

And, very importantly, fought it in several appellate courts.

He had the most pro-life, anti-cloning provision, ever. He instituted the most important pro-life provision in his presidency which was a pro-human dignity, pro-life stem cell research policy.

He created the conscience clause laws provisions.

I may say, as well, that George W. Bush funded pro-marriage programs. Was the greatest funder of abstinence education in the history of the United States.

He gave Henry Hyde the Medal of Freedom, the most pro-life member of the United States Senate or House, ever.

And I think very importantly, Dr. Dobson, and this is something that I think that is at the pinnacle of pro-life, pro-family achievement in this administration, the Bush administration, he elevated John Roberts to be the Chief Justice of the Supreme Court for the United State of America. He appointed Samuel Alito to be an Associate Justice …

Dobson: A great justice too.

Goeglein: … two great justices. And, this is something people do not know, that George W. Bush nominated and confirmed over 35 percent of sitting federal judges.

Dobson: So his impact on the judiciary is going to continue for a long time.

Goeglein: It is huge. It is huge and it’s lasting.

Dobson: Does it break your heart what is about to happen to the judiciary?

Goeglein: It more than breaks my heart. To watch it unravel in a few short months by a new president is a heartbreaking, disappointing and difficult thing to watch. It is systematic and it is categorical. And we have gone in America from the most pro-life president in the history of our country to, unfortunately, the most pro-abortion president that we’ve ever had.

It is not possible to president of the United States of America, in the early part of the 21st century, and to know what we know morally and technologically and to find any reason other than a full-throated advocate for the pro-life position.

Dobson: Yeah, when President Obama spoke recently at Notre Dame about abortion he talked about our need to come together, to find areas of agreement. He said that we needed to work together. We needed to accommodate each other.

But you can’t compromise with evil. I mean, in what way are you going to compromise with the killing of babies?

Goeglein: There is no compromise. There can be no compromise on the question of the defense of the innocent pre-born.

All of the millions of people who have worked in both in the leadership and the vanguard of the pro-life movement, they will be vindicated. If by divine providence Roe v. Wade were to be overturned. And we were to start again in the United State on the question of life.

It is simply unacceptable that from 1973 until 15 seconds ago, that something like 45 million innocent pre-born lives have been snuffed out in defense of words like “choice.”

George W. Bush’s greatness as a human being, apart from the presidency, is that he has an inner moral compass that is self-confident. That is loyal. That is powered by integrity.

But Dr. Dobson it wells up from his faith in Christ. This is who the man is.

He is a great thinker. He is a person who prays and works to make the right decision. He has an inner confidence and peace in his soul that that was the right thing.

Dobson: And nothing is going to shake his confidence.

Goeglein: I think that is absolutely right. And that’s why I’m actually very confident and hopeful that in the years ahead — with the benefit of time and space — that historians will look back at those remarkable, incredibly eventful eight years, and say, you know, he made the right decisions about the biggest things during those eight years.

And, yes, maybe he will not be remembered, you know, of Churchillian, you know, eloquence. Maybe he will not be remembered for X, Y and Z. But when it comes to the questions of national security and war, when it comes to the questions of the right to life and when it comes to the questions of our constitutional Republic, national sovereignty and constitutional formulation of the Supreme Court — above all when it comes to the innocent pre-born people will say he got those big ones right.

Sotomayor Hearing Set, So Bring on the Oil

Now that Supreme Court nominee Sonia Sotomayor's confirmation hearing has been set to begin on July 13, you know what comes next: Rob Schenck has to anoint the room with oil.

David Brody reports:

The Christian group "Faith and Action in the Nation's Capitol" has made its way to Capitol Hill and Supreme Court Nominee Sonia Sotomayor might be interested in what they did. They blessed the doors of Senate Hart Building Room 216 with prayer and oil because they believe this will be the room most likely used for her confirmation hearing which begins July 13th.

Here is the video Faith and Action has posted of Schenck in action, along with an alert the organization is sending out to its members:

You probably heard the news that US Senate Judiciary Committee chairman Patrick Leahy has set the start date for confirmation hearings surrounding Judge Sonia Sotomayor as President Obama's nominee to the United States Supreme Court. They will begin Monday, July 13, and probably last through that week. I waited for that announcement before making one of my own:

A firm foundation of prayer has been laid for this confirmation process. Wednesday morning, June 3, about 8:00, I went to the US Senate Hart Building across the street from our ministry center where the last two Supreme Court nomination hearings took place. Once there, I proceeded to Committee Room 216, the very same chamber where we have held numerous prayer and worship services over the years. This will most likely be the venue for the Senate hearing.

I went to the hearing room doors, and, following biblical and long-held Christian traditions, anointed them with oil as a symbol of consecration, or a setting apart for God's purpose. In respect for Judge Sotomayor's strong Catholic background, I used oil specially formulated for this purpose. It was also blessed by a Catholic priest at the St. Francis Monastery here in Washington, DC.

As I prayed, I touched the doors in three spots, making the sign of the cross. I prayed for God to superintend over the entire confirmation process and mark them with truth because Jesus said, "I am the way, the truth and the life," and He prayed to His Father, saying, "Thy Word is Truth." Of course, in the end, we always pray that God's will be done.

There is so much we can do as part of this enormously consequential exercise, including letting our senators know how we feel about this nomination. Nothing, though, is as important as prayer. I invite you to join me in praying as often as you can during the entire hearing process beginning Monday morning, July 13.

I will keep you informed.

Your missionary to Capitol Hill,

Rev. Rob Schenck
President
Faith and Action in the Nation's Capital

This is the first time Schenck has done this sort of thing alone, as he has traditionally been joined by Patrick Mahoney of the Christian Defense Coalition in the anointing ceremonies they carried out before the hearings for John Roberts and Samuel Alito and the inauguration of President Obama.

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John Roberts Posts Archive

Brian Tashman, Tuesday 06/07/2011, 3:27pm
Only a writer for the ultraconservative WorldNetDaily would believe that the Religious Right is too soft on the issue of gay rights. WND’s Josh Craddock of the Institute for Cultural Communicators claims that the reason more Americans support marriage equality is because social conservatives haven’t fought gay rights or attacked the LGBT community enough. Responding to Focus on the Family president Jim Daly’s recent claim that the Right Wing “probably lost” the debate over equal marriage rights, Craddock alleges that organizations like Focus on the Family... MORE
Kyle Mantyla, Monday 01/03/2011, 4:56pm
Last week, the International House of Prayer hosted a four-day conference called "One Thing" during which Lou Engle explained that he is leading a spiritual war against the Supreme Court to get abortion outlawed in America and that because of the efforts of his team of prayer warriors, Chief Justice John Roberts was nominated and confirmed and the efforts to filibuster President Bush's judges failed ... and that now they are asking God to visit Justices Sotomayor and Kennedy with dreams and revelation: MORE
Kyle Mantyla, Thursday 11/04/2010, 2:50pm
A few months ago I ordered a book entitled "The Reformer's Pledge" which consists of a bunch of essays written by people like Cindy Jacobs, Jim Garlow, Chuck Pierce, Lance Wallnau, C. Peter Wagner, and others. Among the essays is one written by Lou Engle on "creating a culture of life" and I just want to highlight a few key passages ... like the section where he urges Christians to have more children because they are being out-bred by Muslims and it will help in terms of winning elections: With deep sadness and inward frustration, I see the encroaching Muslim... MORE
Kyle Mantyla, Tuesday 08/17/2010, 3:27pm
Now that Bryan Fischer has hit the big time, I think it is important to remind everyone of a simple fact: Fischer generally has no idea what he is talking about. Remember a few weeks back when he was claiming that the ruling striking down Arizona's draconian law was unconstitutional on the grounds that the Constitution says the Supreme Court is to have "original jurisdiction" over "all cases...in which a State shall be Party"?  That argument turned out to be so ludicrous that even WorldNetDaily dismissed it as nonsense. Well, Fischer is once again demonstrating... MORE
Kyle Mantyla, Tuesday 07/20/2010, 11:59am
I have to say that this op-ed from Andrea Lafferty of the Traditional Values Coalition alleging that there has been some sort of double-standard in the treatment of Elena Kagan and Harriet Miers might just be the dumbest thing that anyone has written during this entire confirmation process:  The parallels between the nominations of Kagan and Miers — their similar legal background and connection to the presidents who nominated them — makes the various reactions from the right and the left stand in stark contrast. While Miers was harassed and criticized by both sides of... MORE
Kyle Mantyla, Tuesday 07/06/2010, 2:04pm
As we know by now, the American Family Association's Bryan Fischer is quite serious when he says that our laws and behaviors in America ought to correspond to Biblical law ... as such, whales at Sea World ought to be put to death, and so should bears, and homosexuality should be criminalized, and people should be more like Phinehas, who saved Israel by killing two people who were engaged in sexual immorality. And so it is no surprise that Fischer is now opposing Elena Kagan's nomination to the Supreme Court on the grounds that she violates the "scriputal standard of judgment":... MORE
Kyle Mantyla, Tuesday 06/29/2010, 9:58am
As the questioning in Elena Kagan's confirmation hearing finally gets underway, right-wing groups are busy releasing statements and reports claiming she is everything from a "clear and present danger to the Constitution" to a sign of the end times. The Judicial Crisis Network's first day write-up is particularly confusing, as they seem convinced that Kagan is trying to "disguise herself as the next John Roberts"  The Senate Judiciary Committee just concluded the first day of Elena Kagan's hearings to replace Justice Stevens on the Supreme Court. Our summary of... MORE