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Changing the Rules, Changing America: The Senate and Judicial Supremacy

Michelle Friedland

Among the most important and long-lasting actions of a President are his nominations to the federal agencies and courts. Likewise, among the most significant and consequential votes of United States Senators are their confirmation votes on federal judges. As a matter of principle, Senators should never vote to confirm a federal judge unless the record of the nominee demonstrates respect for the role of the judiciary to decide cases rather than to legislate from the bench. 

Over the past 60 years, liberals have stealthily and intermittently begun confirming radical activists to the courts. Although Senate procedure provides the power of the “filibuster” to stop or stall nominees, Senators have often neglected to stop bad nominees, generally deeming them to be the President’s prerogative. As a result, virtually no issue goes untouched by the courts. 

From religious liberty to property rights, and most recently from marriage to government-run healthcare, the American way of life has fallen prey to decisions from judges who legislate liberal policies from the bench. Phyllis Schlafly has written extensively on this topic and in her book The Supremacists notes that these individuals have “replaced the rule of law with the rule of judges.” 

In the recent past, as Americans have realized the impact of these nominations, conservatives have been successful in stopping some of the most egregious nominees. In 2013, however, Senate Majority Leader Harry Reid broke the Senate rules to change the Senate rules, destroying the ability of the minority to stop nominees unfit for the courts.

Throughout his tenure, Senator Reid has been scamming the American people by consistently using Senate procedure to shut conservatives out of the process while creating the illusion that they are filibustering. Few people have time to watch Senate proceedings on C-SPAN every day, and the mainstream media does not cover stories that jeopardize Reid’s liberal agenda. So, not only has Reid gotten away with tyranny, but he has also disingenuously blamed Republicans for obstructing his tyranny.

He began last year with his usual dirty tricks by convincing a few RINOs to go along with an alleged compromise on so-called “filibuster reform.” This reform, designed to shut conservatives further out of the legislative process, was only the beginning of the tyranny that ensued. By the end of 2013, Senator Reid had invoked the “nuclear option” by rushing through a bill that allowed a simple majority (versus the traditional 60-vote threshold) of Senators to invoke Cloture (ending debate) on all Executive branch and judicial nominations. 

The term “nuclear option” could not be more appropriate, analogous to “nuclear weapons,” the most extreme option in warfare. Warfare is exactly what the Obama Administration and Harry Reid’s Senate are waging on conservative Republicans, Senate decorum, and the American tradition. Out-of-control spending and continued federal intrusion will be the least of our worries if President Obama is allowed even one more Supreme Court nomination. The Republican Party must take control of the Senate in November if we want America to survive.

Almost weekly, the Senate confirms more Obama nominees to the courts, and next on the calendar is yet another radical nominee unfit for the bench. Michelle T. Friedland, a liberal attorney and radical activist from California, has been nominated by President Obama to the 9th Circuit Court. 

Friedland’s record indicates a clear disregard for “separation of powers” and a government run “by the people,” and her radical interpretation of judicial power has led her to create new rights while ignoring those long enjoyed by Americans. According to her own writings, rights begin and end with judges. Her amicus briefs have sought to limit religious liberty, and she recently dismissed traditional Judeo-Christians beliefs on homosexuality as a “discredited practice.” 

She has repeatedly advocated international judges as authorities over state law and holds such a radical belief in judicial supremacy that even the most liberal Senator should heavily weigh the implications of her confirmation. Her judicial philosophy seeks to make the legislative branch completely irrelevant. Confirming Michelle Friedland would be another blow to the idea of a limited judiciary. 

Not only would she be a deplorable judge, but Harry Reid’s complete usurpation of power should not be rewarded and deserves a bold response. Conservatives should work adamantly to defeat her by ensuring their Senators vote no on confirmation. At the end of the day, however, the only way to end the tyranny of the judiciary is to elect a conservative Senate, starting in November of 2014. 

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