Fr. Frank Pavone
National Director, Priests for Life
Justice Clarence Thomas, who now serves on our nation's Supreme Court, was
confirmed for that position by a vote of 52 out of 100 Senators. He was treated
poorly in the confirmation process by those who were out to destroy him.
Yet despite all the efforts to keep him off the high court, his opponents in
the US Senate did not deny him an up or down vote. They understood that it was
the duty of the Senate to vote on the President's nominees, and that if Senators
opposed the nominee, they should simply vote "no."
But now, Senators who oppose President Bush's nominees don't even want to
allow them a vote. They are delaying certain votes indefinitely, where they know
the nominee would win if the vote were taken. Some commentators have recently
compared this attitude to the neighborhood bully who takes the ball and runs
home because he can't stand to lose.
Those who are obstructing these votes belong to a party that lost big in the
last election. People across America voted according to their values – values
which they want to see respected not just by the Executive and Legislative
branches of governments, but by the Judicial branch as well. These voters
understand that they can make their values prevail in the voting booth and often
through the legislative process. They understand, too, that these values are
often overturned in the Courts.
It’s time to translate electoral victories into judicial victories. It’s time
to change the courts. It’s time, indeed it is long overdue, to end the reign of
judicial activism that has brought us abortion on demand, challenges to the
Pledge of Allegiance, a redefinition of marriage, and numerous other policies
that are contrary to the will of most Americans.
We have a choice. We can either govern ourselves, or let an oligarchy of
unelected judges govern us. We can either use the political capital won in the
election to shape the courts, or we can continue to watch judges undo the
policies made by those we elected.
Make no mistake – judges have their proper and essential role, and should be
respected for it. But their proper role does not include making law. The
judiciary has absolutely no policy-making power. Law is made through the
legislators elected by the people.
We are at a critical moment right now. The Senate, stalled in its duty to
vote on the President’s nominees, can restore order and insist that these votes
take place. They need to hear from you. They need to know that this is what you
want them to do. They need to understand that you are watching, and that you
know the significance of this moment. Votes must take place now.
The effort to stall the votes is a preparation for the upcoming battle over a
Supreme Court vacancy. Success in stalling a vote because the nominee is too
conservative, religious, or pro-life is a test run for keeping others like
Clarence Thomas off the Court.
