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Saturday, August 23, 2008
Posted by: Donald Kochan at 2:04 PM
As Chairman and member of the Senate Judiciary Committee, Senator Joseph Biden set the precedent for intensely political, antagonistic, and activistic opposition to judicial nominations regarding originalist, strict interpretivist, or conservative judges.  This was accomplished not only in hearings -- most notably for Robert Bork and Clarence Thomas -- but also in ensuring many lower court nominations never received a floor vote.

When Biden and other Democrats have prevented the confirmation of certain nominees, it has often been referred to as "getting Borked."

I suggest an alternative phrase might be "Getting Bidened."

(I may not be the first one to come up with that)

Judicial nominations will be extremely important over the next 4 years.  Biden's history surely raises high caution about the type of judges that would be nominated in an Obama/BIDEN administration, especially if they have a compliant Democratic-controlled Senate.

The MSM, in its coverage of this VP pick, is making almost no mention of this critical piece of information -- a highly concerning one.  Check both their voting records -- yes on activists who exercise "will instead of judgment"; no on those who wish to believe that "it is the province and duty of the judiciary to say what the law is, not what it should be."


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