The Abe Fortas filibuster lie
CNN‘s attempt to show purported GOP hypocrisy in filibustering of judicial nominees:
In 1968, a Republican filibuster kept Supreme Court Justice Abe Fortas from rising to the chief justice position and eventually forced him to resign from the court.
That’s the lie (now being reported as fact) peddled by the left and by CNN (forgive the redundancy).
What really happened with Abe Fortas? Fortas lost support due to revealed knowledge that he had given inaccurate information to the Judiciary Committee.
When the Senate Judiciary Committee revealed that Fortas received a privately funded stipend, equivalent to 40 percent of his Court salary, to teach an American University summer course, Senator Dirksen (Illinois Republican who brokered Republican support to break the Democrat filibuster of the 1964 Civil Rights Act) and others withdrew their support. Although the committee recommended confirmation, floor consideration sparked the first filibuster in Senate history on a Supreme Court nomination. And it was a BIPARTISAN filibuster!
Fortas was filibustered for possible corruption, which was probably unnecessary since he likely would have been voted down anyway. Plus, he was already a Supreme Court Justice who was being nominated for the Chief Justice spot.
This filibuster can’t be used by the left (at least not accurately, but they rarely let facts get in the way of good MSM-carried sound bites). Three main differences with Fortas’ filibuster and those used by Senate liberals today:
1. Fortas had a bipartisan filibuster. Today’s are only by one party…the one that keeps losing elections.
2. Fortas had done something illegal or at least appeared improper and unethical. None of Bush’s nominees has been accused of such.
3. Fortas was not denied a Supreme Court position, since he already had one. Bush’s future nominees for the Supreme Court will no doubt be filibustered for that court.
There. That oughta put that liberal lie to rest.
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Suggest you take a look at this link for “rest of the story”:
http://www.truthout.org/docs_2005/052205C.shtml
Comment by Steve Bremner | May 22, 2005
Interesting story. I’d be willing to read a counterpoint on Owens before I jumped in line to dump her.
But I’m beginning to see a pattern here with you, Steve. You never address my points…you lay out red herrings instead.
Look, if Owens is guilty of ethical lapses, then I expect her to suffer the same fate as Fortas. And she should. But Owens has little to do with my overall point, which is that liberals lie when they throw out the bipartisan Fortas filibuster as proof that judges have been filibustered before…because that filibuster isn’t the same as the ones we’re seeing today.
Besides, I’ve read where Lindsey Graham has said that people would be surprised to know that one or more of Bush’s judicial nominees, if given the up-or-down vote, wouldn’t get confirmed. If what you say about Owens is true, perhaps she’s the one Graham is talking about.
Comment by Jonathan | May 23, 2005
Oh, about the “Alberto Gonzales” calling Owens a “judicial activist” lie, the LA Times (of all outlets!) conceded as much:
Five years ago, the Texas high court was torn over how to interpret a new state abortion law that said parents had to be notified before their daughters had an abortion, except when this notification “may lead to physical, sexual or emotional abuse of the minor.” In such instances, a judge could allow the girl to bypass the notification law if she was “mature and sufficiently well-informed” to make the abortion decision on her own.
In a series of “Jane Doe” cases, the Texas justices were split. In one 5-4 decision, the court — including Phillips — overruled a judge who had blocked a 17-year-old from getting an abortion without notifying a parent. The majority said the girl had considered the alternatives and had demonstrated maturity.
Owen dissented. She said the high court should have upheld the judge who questioned the girl and decided she was not sufficiently mature to decide on her own. State lawmakers assumed that parents would be notified in all but rare cases, she said.
Then-Justice Alberto R. Gonzales, now the U.S. attorney general, voted with the majority and agreed that the trial judge did not have good evidence for turning down the girl’s request. It “would be an unconscionable act of judicial activism … to create hurdles that simply are not to be found in the words of the statute,” he wrote.
Although his words were not addressed to Owen or any other individual dissenters, they often were cited as evidence that he meant to call her a “judicial activist.”
Personally, I think she should get a vote, and if she gets voted down, so be it. It’s the Senate’s prerogative to do so.
Comment by Jonathan | May 23, 2005
She’ll get her vote tomorrow and will likely be confirmed. She is still in the pocket of the Enrons and against the interests of the working people that sustain our republic.
Comment by Steve Bremner | May 24, 2005
Whew! Thank goodness that she is, too! I don’t know how this country would have gotten along without a judge that “sides with interests.”
Comment by Jonathan | May 25, 2005
By siding with interests I mean that she took donations from Enron, then ruled in their favor without recusing herself. Less than ethical, particularly with what we now know about Enron.
Comment by Steve Bremner | May 25, 2005
I have noticed that some bloggers are questioning whether we should continue to have a Senate, partly because of the filibuster. I just wrote a post on the U.S. Senate itself. I argue that it was designed with discordant goals and that it should be more like the European Council in the EU in representing State governments. Here is the link (in case you are interested): http://euandus3.wordpress.com/2009/10/27/the-u-s-senate-what-is-it-really/
Comment by euandus | October 27, 2009