Looks like that, whoever is nominated for the Supreme Court, it had better not be a judge who legislates rather than interprets the law. Democrat Ben Nelson will help make sure of that.
I believe that Nelson has nailed the issue right on the head. Yes, Obama is in power, so we can be sure that his picks are not going to be Conservatives. OK, that is fine. Obama is President, and the Democrats control Congress. They get their pick for SCOTUS....... However, I commend some of the Democrats who are willing to cross the aisle to the Republican side if Obama's choice is an activist judge. Filibusters are for preventing a "tyranny of the majority", and they are a good thing."I don't care whether they're liberal or conservative," Nelson told Fox News Sunday in an interview. "I just want to make sure they're not activist. I don't want an activist on the bench."
"I think that's the test -- will they be an activist or not?" Nelson said.
Which brings me to the nuclear option that the Bush administration had threatened to use. The Republican mantra just a few years ago was that judges deserved "an up or down vote", and that mantra was wrong on so many levels. I do NOT believe that the president has the right to an up or down vote on judges. I thought it wrong when Bush was in power, and I believe it to be wrong now. With use of the filibuster, judges who bend and warp the Constitution, along with American values, are prevented from being sworn in.
So my question to Republicans is this - Do you believe in the nuclear option now? I sincerely hope you have changed your mind on this. The shoe is certainly on the other foot now, and I believe that John McCain had the vision and foresight to see what using the nuclear option could eventually lead to. While some may think McCain a traitor for forging a compromise that prevented the nuclear option from being used, I believe that McCain is an American hero for that very reason.
Article is here.