It's Recess-time Somewhere

Proud Member of the Reality-Based Sandbox

April 11, 2005

Kooky Republicans ISO-compliant judges for domination and humiliation

The Carpetbagger's guest blogger, Marbo, has a nice post today:

Kooky Republicans, a little bit naughty, ISO-compliant judges for domination and humiliation

It's a very enlightening take on how the kooks are taking over the Republican party and how kooky it would be for them to wage war against the judicial branch.

Where on Earth are Tom DeLay, Bill Frist and the rest of the GOP’s anti-judge fanatics going to find men and women who believe a federal judge’s top duty is to merely rubber stamp actions of Congress?

The current attack on the judiciary is led by what I call the kook right. It is important to differentiate between principled conservatives and the kook right. I might disagree with the former’s perspective, but in general principled conservatives are not loons who seek the destruction of our republican form of government. Unfortunately, these people long ago lost control of the Republican Party, which is now firmly in the grip of the kook right.

The kook right is an amalgamation of fundamentalist flat earthers, paranoid anti-UN nutcases, “I-have-a-constitutional-right-to-own-a-bazooka” gun absolutists, Ann Coulter-style neo-Fascists, homophobes, immigrant bashers and so on.


[...]

The kook right loves to talk about court stripping, but it is also highly dubious. Many constitutional scholars say it violates the fundamental separation of powers. In any case, court stripping has a built-in flaw: The same judges Congress wants to neuter would decide the constitutionality of court stripping. The scheme hinges on courts voluntarily ruling that they must surrender their power. Sorry, ain’t gonna happen.

That leaves the kook right with the last option — appointing more conservative judges who will hand down rulings that please the right.

The problem is, to do this the kook right needs judges who are not conservative, but insane — and those are in short supply. Much of what the kook right wants is so far-reaching and extreme that even conservative jurists can’t swallow it.


Okay, now close your eyes and think about Tom DeLay with a cat o' nine tails and a leather teddy disciplining a Justice Kennedy with a dog collar and nipple clamps, with of course nothing under that black robe of his.