Jefferson Review

"Your Liberty is Our Interest"

May 17, 2004

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Confirmation Watch:


Is the 'Constitutional Option' Viable to Break Partisan Filibusters Against Judicial Nominees?

Freedom Line Never before in our nation's history has a judicial nomination to a federal appeals court been defeated by a filibuster, a parliamentary tactic that requires 60 affirmative votes rather than a simple majority for confirmation by the U.S. Senate. Never, that is, until now.

Currently, Senate Democrats are using this unprecedented obstructionist tactic to block confirmation of six of President Bush's appeals court nominees, and it is possible -- rather, likely -- we will see as many as 40 simultaneous partisan filibusters against the President's judicial nominations prior to the November elections. This at a time when our nation's courts are in dire need of judges to fill longstanding vacancies that have hindered the efficient administration of justice.

The partisan obstructionism, which threatens the independence of the federal judiciary, has sparked significant discussion on whether and how to eliminate filibusters of judicial nominations since they require what many believe to be an extra-constitutional super-majority in order for a judicial nominee to win confirmation. In fact, for more than a year, Senate Republicans have contemplated invoking what's been commonly referred to as the "Constitutional" or "Nuclear" Option to accomplish that goal.

To read more, click here.


Federal Issues:


Policing the Food Police

Freedom Line This week, the Center for Science in the Public Interest (CSPI) unveiled the results of its latest "study." CSPI was horrified to learn that a large percentage of food products sold in school vending machines are sodas, chips and candy. And, in a shocking disclosure that seemed straight from a Dave Barry column, the group also revealed that these products are not nutritious.

Sound like a sneering appraisal of their work? It is. But given that CSPI has dubbed itself the "food police" and anointed itself America's dietary overseer and nutritional nanny, the sneer is more than fair.

To read more, click here.


Confirmation Watch:


Democrat Memogate: Quiet Waters Run Quietly

Freedom Line There will be times like this; there are for any scandal. Nothing seems to be happening. Those who believe that investigations must move forward with all due speed and diligence become frustrated, not a unique emotion even for routine expectations of government, but palpable when wrongs must be righted.

We must also accept that as scandals go, Memogate isn't very sexy. No graphic photographs. The perps are not walking, they are veritably strutting, without guards or ankle bracelets. Some of them think they have beat this rap, as they have beat others before. There is understandable hesitancy to investigate because one of the principal charges, attempting and possibly succeeding in fixing a federal court case, involves leaders of the civil rights movement.

Beneath the surface, however, the water, while not yet roiling, is neither still.

To read more, click here.


Freedom Line:


Update: U.N. Oil for Food Scandal Continues to Grow

Legislative Update Last week, the Center for Individual Freedom outlined the growing scandal surrounding the United Nations' Oil for Food program. But in the last few days, even more information evidencing the breadth of the scandal and the possible extent of the cover-up has come to light.

On May 11, the Wall Street Journal uncovered a third "hush" letter from the office of U.N. Deputy Secretary General Benon Sevan. Recall that Sevan managed the Oil for Food program and has been implicated in the scandal. Though Sevan remains on vacation pending his retirement, the letter from his office is a clear warning to the recipient, an Oil for Food consultant, that the U.N. will take legal action should any information be disclosed to Congressional or other investigators outside of the U.N.

To read more, click here.


CFIF History & Civics Quiz:


Question of the Week
Freedom Line
Which of the following cities has not been the capital of the United States of America at some point in history?

(a) Boston, MA
(b) New York, NY
(c) Philadelphia, PA
(d) Washington, DC

For the correct answer, click here.


Jester's Courtroom: Tales Stranger Than Fiction
Featuring bizarre and sometimes humorous real life stories from the courtroom.


The Doghouse Dispute

Jester's Courtroom A brutal custody battle is shaping up in a Pennsylvania county courthouse, and a group of Great Danes are caught in the middle.

The canines in question were among 105 dogs and other animals seized from the farm of Avis Brech when the local Society for the Prevention of Cruelty to Animals (SPCA) found them living in allegedly squalid conditions. After Brech was denied visitation rights to her four Great Danes being held at the SPCA shelter, Brech sued the SPCA for the return of the pets, two of which are 5-month-old puppies.

But Brech isn't the only person claiming a legal interest to the four-legged companions. James R. Keiser, the breeder who sold the two Great Dane puppies to Brech, claims the dogs are rightfully his since Brech never fully paid him for the pedigreed, purebred puppies. Accordingly, Keiser has also filed suit and is pressing his case against both Brech and the SPCA for custody of the two puppies.

Unfortunately, an ill-fated turn of events has denied one dog his day in court while raising the possibility of breeding yet another lawsuit after one of the coveted Great Dane puppies died recently at its temporary SPCA-assigned home. A necropsy is in the works to determine the cause of death, and a decision is still pending as to whether Keiser will sue over the pup's premature demise.

Source: Associated Press

To read more, click here.

Since many of these gems do not attain national attention, the Jester welcomes you to share with us your favorite wacky stories from a courtroom near you! Please be sure to provide the source. You may e-mail us at mailto:info@cfif.org


Notable Quotes:


Quote of the Week

Notable Quotes Senate Majority Leader Bill Frist, Commenting on a Report That He Might Push to Change Senate Rules In Order to Ban Filibusters of Judicial Nominations:

"The Senate hasn't been reformed for 25 years, maybe it's time to reform the Senate."

For more Notable Quotes, click here.

Do you have a notable quote you'd like to share with the Center, e-mail it to mailto:info@cfif.org Be sure to provide us the source of the quote.


Ray's Cartoon Corner
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Ray's Cartoon Corner

Freedom Line Visit "Ray's Cartoon Corner," the lighter side of CFIF's website. The Corner is a good place for freedom lovers and free market advocates to go to catch up on the latest social, economic and political issues affecting individual freedoms and rights through the humorous medium of editorial cartooning. The cartoons are drawn by Ray Gardner, a self described free market conservative and thirty-something cartoonist who lives and works in Phoenix, Arizona.

To view Ray's latest cartoons, click here.

 


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