May 20, 2005 | Prepare for the not-so-magnificent seven. With Republicans poised to pull the trigger on the nuclear option, President Bush's right-wing nominees ride again.
Their return -- all were blocked in the Senate their first time around -- is propelling the government into a crisis, as they prepare to take seats in federal appeals courts, the second highest position in the judicial branch of government, beneath only the authority of the U.S. Supreme Court. Democrats oppose them for their extreme judicial and political philosophy, what they consider a conservative version of "judicial activism."
An assessment of the nominees' records suggests that all consider government regulation a central problem, while they view private enterprise and property a bedrock constitutional right. These nominees are the most visible examples of a judicial nomination trend that the Center for Investigative Reporting discovered in examining all appeals court and court of federal claims nominees during George W. Bush's first term as president.
In the CIR study, 21 of 59 had a history of working as lawyers and lobbyists on behalf of the oil, gas and energy industries. This trend concerns legal scholars, who fear that long-term industry ties may raise questions about the judges' ability to be fair and objective. Rutgers University School of Law professor Jay Feinman told CIR, "Increasingly you will have federal courts with a pro-industry and anti-government perspective."
Some of the nominees' judicial philosophies were shaped while in the service of corporate clients (Owen, Saad, Pryor, McKeague and Myers), and some while working closely with the Republican Party (Pryor, Saad, Brown, McKeague and Myers). Democratic opponents see them potentially eroding public power and expanding private reach, while heartening the religious right on key issues such as abortion.
At stake is no less than Republican domination of all three branches of government -- not only to recast laws, but to extend their impact long after President Bush has left office, and undo a generation of legal precedents. Here's a look at the extremist credentials they would bring to the bench.
http://www.salon.com/news/feature/2005/05/20/7_judges/
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