Reprinted from www.libertylobby.org, home of The SPOTLIGHT archive
Buchanan Would Right High Court
By James P. Tucker Jr.
An examination of the record of Republican and Democratic presidents and of the forthright position of Pat Buchanan shows that only the Reform Party no minee will significantly change the Supreme Court.
It has become trendy for Republican and Democratic candidates, as does George W. Bush and Al Gore, to announce they have no "litmus test" for Supreme Court nominees. This means they can no minate left-wingers who would destroy the Constitution because there is no "litmus test."
Buchanan boldly declares he has a litmus test: the Constitution will be strictly interpreted, judges should not make law and must oppose the Supreme Court's pro-abortion ruling.
Four justices are in their twilight years and are likely to die or retire from the Supreme Court during the next four years. Republicans argue that Bush must be elected to prevent Gore from appointing liberals.
Two of conservative Republican Ro nald Reagan's appointees, Sandra Day O'Connor and Anthony Kennedy, have consistently disappointed patriots, most recently upholding a ban on public school prayers.
Another prayer banner was David Souter, appointed by President George Bush and the fourth, John Paul Stevens, was appointed by President Gerald Ford, both Republicans.
Well before the Senate confirmed Souter, The SPOTLIGHT exposed his record as a state judge in support of federal gun laws that do violence to the Second Amendment. The same records had been checked by the White House before his appointment.
Only three appointees of Republican presidents frequently stand up strongly for the Constitution: Antonin Scalia, Chief Justice William Rehnquist and Clarence Thomas. Of these, Rehnquist is most "tiltable" on the issues.
On Oct 2, the Supreme Court -- with seven of the nine members appointed by Republicans -- continued its leftward lurch by rejecting a challenge by 31 congressmen to President Clinton's authority to commit U.S. troops to NATO action in Kosovo.
The high court left standing a lower court ruling that the congressmen had no "actual injury" that would give them standing to sue.
The court also showed its leftward tilt by deciding what not to decide. The court refused, without comment, to hear these appeals:
• A lawsuit by two gun manufacturers challenging a 1994 law banning semiautomatic rifles or copycat models of any caliber.
• Let stand a lower court ruling in which a bisexual boss was freed from sexual harassment charges because he propositioned a husband and his wife. Executives "can now advise a supervisor to purchase immunity from [the law] by taking care to harass members of both sexes," said lawyer Shane Mulholland.
Buchanan commented on this Oct. 2 on the TV talkie Larry King Live:
"Bush appointed three judges or four judges to the Texas Supreme Court. Three of them voted to overturn his own parental notification law. They voted pro-abortion. He says, 'I have no litmus test for the Supreme Court.' I will appoint pro-life constitutionalists and conservatives who respect the religious traditions of this country, as this court does not, and no liberal judicial activist need apply."