Sen. Joe Biden said Sunday that if President Bush nominates recently confirmed Circuit Court Judge Janice Rogers Brown to replace Sandra Day O'Connor on the Supreme Court, Senate Democrats will launch a filibuster.
"If [Bush] sent up Edith Jones, I could assure you that would be a very, very, very difficult fight - and she would probably be filibustered," Biden told CBS's "Face the Nation." In the next breath Biden corrected himself, saying, "I misspoke, I misspoke. Janice Rogers Brown is what I meant to say."
Asked whether that would break the Senate's much heralded compromise last month not to filibuster judicial appointments except under "extraordinary circumstances," Biden explained:
"[The Supreme Court] is a totally different ball game . . . A circuit court judge is bound by stare decisis. They don't get to make new law. They have to abide by [legal precedent]."
Asked if O'Connor's retirement was more likely to provoke a filibuster than would have been the case had the more conservative Chief Justice William Rehnquist retired, Biden responded: "Probably."
I was watching this when he made asinine statement. I am not a legal scholar but it was my understanding that the PEOPLE made up the laws in this country and the Courts are supposed to enforce those laws. At most the courts can challenge the legality of a law or strike down a law because it conflicts with the Constitution not Make New Law as Biden (and the LLL) think it should. IMHO Janis Rogers Brown should be the FIRST on that short list for the SCOTUS. Gonzales would be a close second because these two people understand which way the laws originate. Also I would call up Biden, Kennedy, Boxer, and Kerry and tell them to go FUCK OFF! This demonstrates why I could never be Ambassador to the un.
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