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August 31, 2006


"I need a U.S. senator who understands that we need people on the bench who will strictly interpret the Constitution and not use the bench to legislate," Bush said.

Disingenuous as usual. It was "activist judges" who ignored the Constitution and installed Bush in the White House in 2000. (With disputed elections it is Congress, not the Supreme Court, that makes the decision by vote.)

"Activist judge" means "a judge who doesn't agree with my [all-important] views".

If he's serious about getting originalist judges, he'll need to start raising the dead, because they're the only ones who can say what the folks at the Constituional Convention in 1787 really meant. Everyone else is interpreting it, including the GOP's favorite 'originalists'.

"...and not use the bench to legislate," Bush said.

The COUNTRY needs a President who understands that he's not a King and will quit trying to pretend that someone in the Constitution the President is given the right to legislate. Or ajudicate.

BTW - here's a link that has some Cheney, Addington, Haynes info -


From the New Yorker/Mora piece, my *favorite* part is probably the discussions of the Beaver memorandum, which said that things being asked about/done were violations of the Uniform Code of Military Justice. But that was ok - someone could just get their superior to authorize them to ... violate the Uniform Code of Military Justice. That's what it takes to get a promotion from Haynes apparently - dazzling thought process like that.

The Gambino Family is going with that theory at their next trial, "Guido said I could"

Wasn't Chafee a signatory as well? He seems to be in not quite the same boat as Lieberman, since if he loses (see poll showing him way behind) he won't run as an indie. So he could vote for cloture to thank the right wing who cost him his job.

Frankly I doubt that these actually come up for a vote before the election. It is red meat, the base will be told the Dems are blocking them, but seriously, how many days are there left in the session and don't they have a few other things to do?

It's definitely hard to imagine a real vote happening, but with political manipulation being an overt part of governance these days, who knows what can go down in just a few weeks?

Chafee is indeed a signatory. As is Mike DeWine.

Specter has scheduled a hearing on nominees for Sep6, notice went up today.


KX, I see the Haynes nomination partly as a way to silence the leading military attorneys who in an armed services committee hearing conducted post-Hamdan opposed the Yoo-ization of military law; as you highlighted in your comment, Haynes has abetted coercive evidence gathering efforts in his professional capacity; Marty Lederman had an interesting article about the right to torture on one of his blogsites last month wherein he goes into a high dudgeon over the amalgam of pious politicians with immoral policymakers in this area of the law. I am glad you are following these matters.

Charlie Savage writing in the Boston Globe this week describes Haynes' efforts to revise military law.

Feinstein and another concerned Democratic Party senator wrote a letter June 2006 describing committee hearings rigging by Republicans so as to prevent testimony about the process of designing detainee hearings; this linked letter was written three weeks before the supreme court declared the detainee hearings configuration illegal on several grounds; Kennedy's formal statement is there.

Sen. Leahy writes a summary of the Judiciary committee democrats assessment of Haynes July 2006.

Sen. Hatch harangues about establishment clause and extolls Griffith credentials, in The Hill June 2004.

Marcia Greenberger, Co-President of the National Women’s Law Center issued a succinct paragraph about why NWLC opposes Boyle. His work habit is so eccentric his opinions as a jurist are kept from the public domain; maybe a senator has sent a FOIA request to view these papers; but who reviews such requests, timely: ?Gonzales personally? There is more about judge Boyle in the appeals reference websites, which I will visit, time allowing*.
*Update: The Alliance for Justice has done work on Griffith and Boyle here. I have read their scathing and revealing report on Boyle, but time demands have me elsewhere.

Coordinate issues involve nomination/renomination timing, the turf redefinitions among the branches, and careerlong planning, as you have observed. Frist likely would serve as Addington Cheney's stalking horse with Lieberman mysteriously bargaining for both sides of the nomination arguments, and eliciting from his (former) caucus timeo danaos et donas ferentes.

Fairly often, especially now when campaign work presses me for time, I wonder if it's really worth it to read through comment sections. John Lopresti, you're the kind of commenter who makes it all worthwhile; thanks very much for your links, which have saved me a ton of searching.

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