Kent to Schumer: No issue politics on judicial nominees

ATLANTA: The Southeastern Legal Foundation today announced the formation of the Constitutional Judiciary Special Project to defend the principle of judicial strict adherence to the Constitution. The Special Project will be made up of attorneys, former judges, and law professors who share the well-founded belief that the power of the courts is limited to interpreting the law, not making new laws from the bench.

The Special Project is a direct response to liberal U.S. Senators, led by Sen. Charles Schumer (D-NY), chairman of the Nominations Subcommittee, who have declared by word and deed that they intend to "litmus-test" Bush judicial nominees based on specific issues rather than on overall judicial temperament.

"Senator Schumer and his allies have declared war on judicial restraint and fidelity to the Constitution, and we have picked up the banner on the other side," said SLF President Phil Kent. "We intend to defend the right of Americans to access to a court system free from judges who make law on political issues rather than interpret law based on the Constitution."

"Schumer and his liberal band in the Senate made clear when they voted 'NO' on Attorney General Ashcroft and Solicitor General Ted Olson -- they intend to judge nominees on the issues of gun control, abortion rights, race and sexual orientation quotas, and zealous government regulation," said Kent. "Instead, we should be judging nominees based on their 'rule of law' record."

Kent noted that for two decades, liberals have been critical of so-called 'litmus-testing' of judicial nominees by conservatives. "Any issue-based test without a fair examination of a nominee's overall record cuts against the grain of constitutional governance," said Kent. "We reject the politicization of judicial nominations, and we oppose any attempt to bring the American Bar Association and the trial lawyers back into the vetting process."

"Senate Majority Leader Tom Daschle (D-SD) set the bar by saying 'in this divided government, in spite of the passion with which we hold these ideas . . . we are required to find common ground,'" said Kent. "Schumer and the extreme elements of his party have clearly rejected this important standard, and have instead chosen to pursue the destructive path of partisan politics in the one area of our government that should be free of partisan taint."

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