May 26, 2006

LET ME EXTEND MY LUKEWARMEST APOLOGIES TO SENATOR McCAIN

Senate Confirms Kavanaugh to Appeals Court (Laurie Kellman, AP, 5/26/06)

White House aide Brett Kavanaugh won Senate confirmation as an appeals judge Friday after a wait of nearly three years, yet another victory in President Bush's drive to place a more conservative stamp on the nation's courts.

Kavanaugh was confirmed on a vote of 57-36, warmly praised by Republicans but widely opposed by Democrats who said he is ill-suited to sit on the U.S. Court of Appeals for the District of Columbia.

It is possible that, when the Gang of 14 usurped the constitution and undercut President Bush and the Senate leadership, I might have suggested that there could have been a better way to proceed. Never let it be said that I am overly scrupulous in my concern for my country and its constitutional form of government: Senator McCain got a lot of good judges onto the bench and the Gang of 14 wasn't anything like the practical political disaster that I feared. In this, the Gang of 14 agreement is very similar to Campaign Finance Reform, which bought increased Republican congressional majorities and President Bush's reelection at the cost of some unpopular constitutional rights. One might even go so far as to deduce a general theory of the McCain Doctrine, but that would not be charitable in the course of an apology.

So, I am not overly displeased to offer this self-criticism: I was wrong about the Gang of 14 deal and Senator McCain was right.

Posted by David Cohen at May 26, 2006 1:26 PM
Comments

"...Campaign Finance Reform, which bought increased Republican congressional majorities and President Bush's reelection at the cost of some unpopular constitutional rights..."

...Er, assuming you're serious, wouldn't that be, I don't know, a bad thing? You know, zapping the Constitution just to stay in power? And if those constitutional rights were so unpopular, why not follow the rules for changing the Constitution instead of just chucking them?

Posted by: Just John at May 26, 2006 2:09 PM

"And when the last law was down, and the Devil turned on you - where would you hide Roper, the laws all being flat?"

Posted by: Mike Earl at May 26, 2006 3:12 PM

CFR is unconstitutional. The Gang was just smart politics.

Posted by: oj at May 26, 2006 3:19 PM

Even after all these months of reading Mr. Cohen's largely brilliant comments, I still can't tell when he's joshing us and when he's not, so I won't hazard a guess whether he's serious about this apology.

Posted by: erp at May 26, 2006 3:20 PM

So, is this a payment for the immigration bill?

Posted by: Sandy P at May 26, 2006 3:45 PM

And what will you be doing for Rosh Hashana, David?

Posted by: ghostcat at May 26, 2006 5:09 PM

(Yom Kippur, dummy.)

Posted by: ghostcat at May 26, 2006 5:11 PM

I didn't like it, either - and offered Kavanaugh as the reason. Now it's on to Boyle. Go Frist!

Posted by: jim hamlen at May 26, 2006 5:51 PM
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