The American Spectator : Stand and Deliver: Opposing Obama's Court Nominee

Text Size

Political Hay

Stand and Deliver: Opposing Obama's Court Nominee

By Jeffrey Lord on 5.5.09 @ 6:09AM

A lesson from Jack Kemp on the importance of standing up for principle.

(Page 2 of 2)

Conservatives view this statement as a reason someone runs for the legislative body in the American system -- or for president. The role of a judge is to interpret the law, not create it out of whole cloth to appease a political sentiment of the judge of the moment. Empathy is for presidents, congressmen, senators, governors, state legislators and city council members.

Judges are about the law.

Liberals favor judges perhaps best described by Mark Levin in his bestselling book Men in Black as "radicals in robes." They reject out of hand the belief that the federal judiciary has a narrow and decidedly limited role as prescribed by the Constitution. As Levin notes, liberal judges have taken upon themselves the running of school systems, prisons, private sector hiring and firing practices, farm quotas, the raising of property taxes, the granting of benefits to illegal immigrants, the expulsion of God, prayers and the Ten Commandments from the public square, limited political speech, protected child pornography and…well, you get Levin's point. It goes straight to the heart of the conservative case against activist judges.

So the question here is: Will Republicans and conservatives in the United States Senate have the courage to do what Jack Kemp did time after time after time: state their conservative principles, and then with a smile -- and the smile is important -- go fight for them? Regardless of the odds. To do precisely what, for that matter, both Obama and Biden themselves have done: Obama on two out of two Supreme Court votes in his brief Senate career and Biden relentlessly since 1987.

By now it is surely recognized that conservatives are engaged in a long, drawn-out fight over the shape and direction of the federal judiciary. One might even say that conservatives are winning for the moment by a margin of 5-4.

One Supreme Court confirmation defeat does not a lost war make. No one can foresee the future. No one knows what will happen tomorrow, let alone five years or twenty down the judicial pike. But we all know -- or should know -- that Jack Kemp was right: fighting hard for matters of principle is never a losing proposition.

It will be much noted in the next few days just how much of an impact Jack Kemp has made on his party, his country and the world. But perhaps one of the thousand Kemp stories making the rounds among his friends and admirers is this one as reported from the Associated Press (with a hat tip here to Rich Galen's Mullings):

The Detroit Lions picked Kemp in the 17th round of the 1957 NFL draft, but he was cut before the season began. After being released by three more NFL teams and the Canadian Football League over the next three years, he joined the AFL's Los Angeles Chargers as a free agent in 1960. A waiver foul-up two years later would land him with the Bills, who got him at the bargain price of $100.

What this paragraph only hints at is that Kemp was told a number of times that he should give up his dream of playing professional football. That he didn't quite have what it takes. But he hung in there. He ignored the critics. He was cut even before the season began by the Lions -- and kept going. He was shunted off to the Canadian Football League for three years -- and he kept going. He made it to the Chargers, -- only to be, through "a waiver foul-up," sent to Buffalo -- not exactly the star New York team in the big New York town with the Broadway lights. But Kemp went to work and made the Bills a star team, and in doing so made himself a star quarterback as well. He never, ever gave in. He would, years later, hold up his throwing-hand to his staff and joke about his famously fused finger. His hand had been crushed in a game, and the doctors told him the finger joints would have to be fused. Kemp's response? He told them to fuse the finger as it would be when wrapped around a football, leaving him with a finger permanently poised to throw a pass.

By the time he made his way to Congress he did the same with the conservative movement and supply-side economics. Kemp's principles were as fused as that finger. The critics were legion, but he kept going. He never took no for an answer. And in time, the conservative quarterback threw so many conservative philosophical and political touchdowns he changed the world.

There is much sighing and gnashing of teeth among conservatives about a Supreme Court nomination in the hands of President Obama as well as a liberal majority in the Senate. Arlen Specter switched parties! What if Al Franken wins! Horrors!

This is no way to deal with the situation.

It's time to fight. To understand that this one battle over a Supreme Court seat may be lost, but it is most certainly one battle worth fighting. It is a golden opportunity. Now is exactly the time for Republicans in the United States Senate, not to mention that by-now keenly alert coalition of conservative activists who work so hard on these issues, to take to heart Jack Kemp's advice to his kids. When President Obama steps forward with his nominee for the Supreme Court, just smile. Be polite. Be nice. Be ready. Be organized. Deliver every Republican Senate vote that can be had in favor of a conservative judicial philosophy. Make this fight a statement of principle. Stand and deliver.

Remember Jack Kemp's fused finger and throw the conservative long ball, the odds be damned.

As this next Court fight arrives, Kemp's words resonate: Be a leader.

(Mr. Lord, a former aide to HUD Secretary Kemp, is the author of The Borking Rebellion, a book on judicial nomination fights.)

Page: < 12

topics:
Republicans, Jack Kemp, Supreme Court Nominations

About the Author

Jeffrey Lord is a former Reagan White House political director and author. He writes from Pennsylvania at jlpa1@aol.com.

Letter to the Editor View all comments (24) | Leave a comment

jim rice| 5.5.09 @ 8:42AM

Be a leader by stirring up problems before they exist. You're a cock, and your pathetic attempts to use Jack Kemp's name are... well... pathetic. You don't even know who the nominee is yet, and you're already stirring up shit. You guys voted that idiot in for the last 8 years... he had his choices for judges... and it's not about conservatism vs. liberalism. It was about social views. george bush wasn't really the problem, it was you and your "Christian" cronies who don't seem to understand that a Democracy reaches a balance that hopefully serves all the People. And now, the People are fed up with your bullshit.

Deborah D| 5.5.09 @ 8:49AM

It's about the law, not empathy. Here's Thomas Sowell: http://www.realclearpolitics.com/articles/2009/05/05/empathy_versus_law_96335.html

It's not about social views. It's about the Constitution.

Deborah D| 5.5.09 @ 8:51AM

Oops the whole link didn't appear, sorry.

http://www.realclearpolitics.com/articles/2009/05/05/empathy_versus_law_96335.html

Michael L. Hauschild| 5.5.09 @ 8:55AM

Maybe one should contemplate opposing Hillary?
I am not going to bet the farm, but I suspect there is in the Hillary camp an intense desire to be named to the Supreme Court vacancy. If one takes the time to examine the dynamic between the Secretary of State and the POTUS that occurred in the primary it becomes reasonable to assume that the juxtaposition of power, despite appearances is still raging between the camps.
I do not believe that I am alone in my belief that the socialistic whirlpool sucking down the nation will eventually be “discovered” by the electorate. That day of reckoning is rapidly approaching and will be directly proportional to the tax burden assessed to the working Americans, i. e. that sixty percent that actually pay taxes. Some of this will be manifested by IRS mandates, bad and certainly not sung to “tax cut” anthem, but hidden in the devastatingly manifest form of inflation.
The most consummate politician in History is still the philanderer and his organizational skills, abandoned during the last campaign will not be ignored this time. Even Clintons have that “prime time” temporal window of electability, and for Hillary that time is 2012. Her position in an administration maligning every single power base, big business, the upper middle class voter, and the blue-collar workforce (Union or not) is not compatible with assuming further office. The timing for her defection is nigh and the non-partisan neutral safety of the bench would be a high profile position from which to ride out the storm of tax protests while writing minority opinions. The recent trend of “outing” the statements and thoughts of the Supreme Court justices would give her an insular and “safe” audience needed to “campaign” in a friendly MSM illumination. (Not to mentions the flattering wardrobe change from the pants suit.)
President Obama has a cobra by the tail and the window of opportunity is closing. All that is needed as leverage for the launch of a nomination nod is a resignation over a policy difference, an alienation affront to one of” her” constituencies, or a indignant statement chastising the POTUS for an “abandonment of principles.”
If the economy does not recover the Democratic Party will go south in 2010 and warming the court bench, later resigning to “save the party,” would be a positive résumé bullet point for 2012. The only real obstacles to this scenario is whether she has the political capital to “bully the current pulpit” for nomination, and the currency to counter the other opportunistic candidates that will surface within the legislative branch and therefore adversarial in her confirmation process.

Ellis Wyatt| 5.5.09 @ 9:00AM

Mr. Lord hit the nail on the head over the battle with judicial nominees. Judges have a very narrow task, to interpret the law and Supreme Court judges must make sure laws fit within the constitution that is the foundation of our country. Empathy should be a foreign concept to a judge, not a requirement. Obama sounds like a far fetched parody of the fringe left when he makes a statement like that.

Let's see if the nominee is selected for their legal ability or to meet some gender or racial quota that satisfies some ideologically driven special interest group. If it is the latter we can chalk up another embarrassment for America over our new unqualified President that someone else will have to clean up years down the road. If that is the case the Republicans should use every measure available to block a nomination that may lead to further decay of our society.

WilliamInWien| 5.5.09 @ 9:09AM

Obama was taped indicating that the Warren Court as not "radical" enough and did not depart from the constraints of the US Constitution. In view of his own words, what to expect of his choice for the Supreme Court vacancy? It is disappointing that readers, such as Mr. Rice, are unable to contribute to the issue at hand with a logical argument. Who are the "People" and how is one to know that the "People" are fed up?

Jeffrey Lord| 5.5.09 @ 9:49AM

Jim Rice....

"It was about social views. george bush wasn't really the problem, it was you and your "Christian" cronies who don't seem to understand that a Democracy reaches a balance that hopefully serves all the People."

You seem to fear the idea that the American people - not judges - should make social policy. If you favor abortion - by all means, vote for it. If, as liberals insist, the majority favors abortion, all well and and good - as long as everyone gets to make the choice. You, apparently, are about denying choice on this and other issues to everyone but judges. We here disagree.

tonypal| 5.5.09 @ 10:03AM

Jeffrey:

I don't understand why you would waste your time responding to a guy who engages in name calling. Those types of people aren't very bright and you should know from experience that you either ignore or humor them.

We all know the type of nominee Obama is going to give us, one who believes it is the job of judges to make law from the bench. It's not about the Constitution with Obama, it's about political expediencey and the institutionalizing of liberalism/socialism.

Len| 5.5.09 @ 10:26AM

Jim, got news for you buddy, this isn't a democracy. The states have always governed for the people, and have ceded no such powers to the federal government. The Constitution was created to better enable the states collectively to do such things as Common Defence, deal with foreign nations, and have good trade laws amongst themselves.
On a different note, this will be a good time to know who merits our support and who doesnt. Those who willingly go along with whatever legislative judge Obama nominates, we will know to abandon. It's a given that his nominee will have contempt for the rule of law and the Constitution, and will be seated, that does mean we do not adamantly oppose and make clear why we oppose such a nominee.

Bo Darville| 5.5.09 @ 10:59AM

I'll pitch in a couple of bucks to buy a teleprompter and some NLP based speechwriter for insertnamehere to use as our leader.

BAsil Plumley| 5.5.09 @ 11:08AM

@ tonypal

I understand why Mr Lord is responding and why we should always respond to even the dumbest comment from jim rice and his idiot brigade.
It has much to do with leadership. Mr. Lord is defending his work as Jack Kemp did for years. If we do not confront the idiocy from the jim rices' of the world, what does that say about our resolve and our leadership?

For 8 years the jim rices' of the world attacked a President with nothing more than hatred and allegations. The President said nothing, did nothing and effectively ceded any position to idiots like jim rice.

We all know that jim rice is dishonest and disingenuous but if we do not confront him/her/it, he/she/it will continue to pollute this forum with their inanity.
Besides, if we continue to confront these nitwits, they will change their handles to something else; like Tommy Pain. Right, Jeremiah?

If you break down jim rice's screed, it pretty much says "I hate Christians. Christians are stupid. The 'people' will destroy Christianity."
It is a silly, yet dangerous sentiment. Obviously, Mr. Lord touched a nerve or two with jim rice with his call for leadership. jim rice's response has a sense/element of fear.

Well done, Mr. Lord!!!

Jeffrey Lord| 5.5.09 @ 11:25AM

Basil...

Thanks. You are exactly correct. Jack Kemp was one of the nicest guys in the world, but he never - ever - made the mistake of letting bad arguments go unchallenged. This was, you and I both agree, a mistake of the Bush White House. I won't be doing that here....and the great thing about this format is that you get to speak up as well. Keep at it!

Jim| 5.5.09 @ 12:47PM

To be absolute fair and unbiased, regardless of how much we may disagree with President Obama's policies, we should withhold any and all criticism and opposition until the President actually nominates someone.

My $0.02

Marc Jeric| 5.5.09 @ 12:59PM

Does anyone remember that bloviating gasbag Joe Biden when he was showing his mastery in "high-tech lynching"? When he was trying to humiliate that uppity nigger Clarence Thomas? Well, it is perhaps the turn for the Republicans to destroy and humiliate the probable Obama nominee - most certainly a woman, a minority, somebody paasionate for justice for "underserved minorities", finally somebody who believes that Constitution must be "understood" to reflect the modern times. Get ready, Republicans!

Jeffrey Lord| 5.5.09 @ 1:28PM

Marc...

So younger readers don't misunderstand...the
phrase "uppity nigger" was used by Clarence Thomas himself at his confirmation hearings when he made it crystal clear that he saw the response of Biden and company as an attempt at a "high tech lynching of an uppity..." etc.

Never using the phrase myself, I wanted to make sure those who don't remember or were not around for the event don't think this is you making up the phrase. It was Justice Thomas...

Basil Plumley| 5.5.09 @ 1:40PM

@ Marc Jeric

With all respect ...... that is not the way to go. I am in favor of attacking the nominee's record and their ideas; exposing them as phonies and frauds.
Attacking the person via calumny is the "politics of personal destruction"; ably demonstrated by the Kennedys and Clintons. Let those who practice that craft wallow in that cesspool.

The Conservatives/GOP must stand their ground like the Spartans at the Battle of Thermopylae; on principle, even though outmanned.
Give them a fight. When was the last time the GOP actually fought the Left? During the 1990's?

tonypal| 5.5.09 @ 5:29PM

Jeffrey and Basil:

I agree wholeheartedly that we need to respond to our critics forcefully. It drove me crazy the last 8 years, watching Pres. Bush allow himself to be battered by his political enemies. I think his failure to respond helped to reinforce the idea that his "critics" were right.

Having said that, I don't think it is worthwhile to respond to some guy on a TAS thread who is engaging in name calling of the most childish variety. Instead, use your time to respond to people who put forth substantive opposition to your views.

Getting back to Bush, it would have been a waste of time for him to respond to the people from ANSWER, for example, because no one cares what those people think. But when democrat members of congress went on the attack, he should have hit back with even greater ferocity. That's how you handle opposition criticism. You ignore the loons and deal with those who can do real harm to your cause.

Angela Adams| 5.5.09 @ 6:52PM

I am a conservative not necessarily a republican and Kemp was and said everything that I believe in. The republican's today are mostly moderate - they cannot deny it - look at how the majority vote. Most have been in Washington too long and have slept with the democrats for too long and I want them out. No more carreer politicians - they are up there too long and most are in bed also with the lobbyists. We need new blood. I want McCain out especially - he has more democratic friends than republican and he could not even stick up for Palin, his running mate. The Palin thing was the last straw for me. The last thing - if I hear one more time that we inherited this economy from Bush I am going to scream. Granted the moderate republicans let the dems run all over them so that is our fault, but this was started by the dems with their community asset program and Fannie Mae and Freddie Mac. Why isn't everyone playing all those video tapes that are out there of Maxine Waters and the rest of her cronies trying to belittle the regulators with they were trying to tell Congress that Fannie & Freddie were cooking the books? The regulators were called racists etc. We should be playing those tapes over and over and let the public make up their mind.

bob montgomery| 5.5.09 @ 8:43PM

Could be the last straw, the final nail in the coffin.If the Senators wuss out, the Tea Parties on July 4 could turn into something else.

Astro| 5.6.09 @ 9:51PM

Just a complaint about the headline.
The phrase 'stand and deliver' is misused here -- as it often is. The phrase was uttered by highwaymen to the people they were robbing, telling them to hand over their valuables.
It's used in the Irish folk song 'Whisky In the Jar' (if I recall correctly.)
"...I first produced my pistol, then produced my rapier, saying 'Stand and deliver'..."

Astro| 5.6.09 @ 9:55PM

Ooops. Spelled it wrong. 'Whiskey in the Jar'.

Oldefarte| 5.14.09 @ 3:34PM

Well Rice, if you think the people are fed up with BULLSHIT, wait until the 2010 and 2012 elections, when the people WAKE UP and realize WHAT they have elected as their PRESIDENT. As to the SC nomination, conservatives and NORMAL Americans should forget about same since Obama has it in the bag [and it will be a flame throwing liberal anarchist for sure]. The opportunity to stop him was on 11/4/08----it's too late now. Americans are/were stupid, ignorant and bought into the MSM's brainwashing of Obama as NORMAL. Now they're waking up to the reality of the Democrats' trojun-horsing him and securing his victory. Jews now realize his anti-semetic tendencies; businesses now realize his socialistic tax and regulation policies; and consumers will soon realize his EMPATHETIC, middle class crushing, wealth-redistribution [Robin Hood Syndrome] social manipulations. But again, it's too late now---------the time to FIGHT will be at election times in 2010 and 2012. Any liberal or moderate, Democrat friendly, Republicans that are competiting against conservative Republicans, should be defeated. The time to reshape the PR is now. Bush's war policies enabled liberals and disaffected Americans to vote for change and Obama, which is a disaster of no end. Conservatives can rebuild the RP, starting with local, state and national elections, by supporting/voting for conservative candidates who are dedicated to overthrowing these ultra-liberals now controlling our country!!!!!!!!