OK, I'M PARTISAN

. . .in case you hadn't guessed. Although it's perhaps not surprising that Bush has gone on the attack with respect to judicial nominations (given his campaign rhetoric, especially in 2002), and it's perhaps not surprising that Republicans are trying to be aggressively majoritarian in the Senate, I still find it depressing and ironic for several reasons. First, it's clear to me, at least, that Bush is nominating judges according to the likely rulings that they will make. If it's improper for the Senate to make that inquiry, it should be improper for the President as well. But the Senate is simply more public than the Oval Office, and the unitary nature of the Presidency makes it easier for him to set the terms of public debate. All that Bush has to do is say that he does not employ a "litmus test" in his selection of nominees (but, hint hint, wink wink, I will nominate "strict constructionists" like. . .Owen?).

Secondly, I see a depressing parallel between the House Republican efforts to entrench their preferences through large budget deficits that will tie the hands of future Congresses, and Bush's efforts to entrench his policy preferences by stacking the judiciary with conservatives. Again, not surprising, but also not likely to do all that much for my well-being or the well-being of people and communities that I care about.

Thirdly, Bush promised to be a "uniter, not a divider." He lied. He's aggressively partisan. Not surprising, but not what he said he would do. I feel foolish for falling for it. I won't next time.

Finally, Bush says he wants to nominate "strict constructionists." Apparently, he's persuaded by those who see any other approach as a lack of judicial virtue. I am not persuaded by this claim. Frankly, what's missing in this self-identification of strict construction with the whole of judicial virtue is a civilized sense of one's own limitations. I guess I identify more with people who are morally strong enough to admit that they are limited beings with limited perspectives. Oh well.