Something that was kind of overlooked in the aftermath of the presidential election were remarks made by Senator John Kyl, Republican from Arizona and the second highest ranking Republican in the United States Senate. His words say a lot about the GOP strategy going forward, and here’s a clue: It ain’t bi-partisanship.
Kyl said this to the Federalist Society on November 8, four days after the election:
“Jon Kyl, the second-ranking Republican in the U.S. Senate, warned president-elect Barack Obama that he would filibuster U.S. Supreme Court appointments if those nominees were too liberal.
Kyl, Arizona’s junior senator, expects Obama to appoint judges in the mold of U.S Supreme Court Justices Ruth Bader Ginsburg, David Souter and Stephen Breyer. Those justices take a liberal view on cases related to social, law and order and business issues, Kyl said.
“He believes in justices that have empathy,” said Kyl, speaking at a Federalist Society meeting in Phoenix. The attorneys group promotes conservative legal principles.
Kyl said if Obama goes with empathetic judges who do not base their decisions on the rule of law and legal precedents but instead the factors in each case, he would try to block those picks via filibuster.”
First Senator Kyl, a little Constitutional lesson for you. The president does not appoint Supreme Court justices, he nominates them and the Senate confirms or rejects the nomination. Just a minor detail.
Secondly, David Souter? Excuse me Senator Kyl, are you aware of who nominated Justice Souter? It was that radical, left-wing, extremist, George H. W. Bush.
Third, and the thing that struck me, is the last sentence of Kyl’s remarks. Senator Kyl would filibuster any judges who base their decisions on the factors of the case?
One more thing for Senator Kyl to consider is this:
According to CNN exit polls, those who claimed that the Supreme Court was a factor in their decision in the presidential election, broke for Obama 53-45% and voters who called future Supreme Court appointments the most important factor went for Obama even more strongly– 57 to 41%.