Last Monday, President Bush addressed a Federalist Society gathering in Cincinnati, Ohio.   Putting aside concerns about a widening economic crisis and the increasingly dramatic presidential race, Bush proudly focused on what he and many others consider will be one of his most lasting legacies:   his efforts to alter the make-up of the federal judiciary.

That same day, Alliance for Justice released its final report on judicial selection under the Bush administration. AFJ presented many of the same facts Bush touted at the Cincinnati gathering, but with far less satisfaction.  Despite the president and his congressional allies’ constant cries of Democratic obstructionism, over one-third of all sitting judges were appointed by George W. Bush.  Including the 10 district court nominees approved by the Senate last month, the federal judiciary’s vacancy rate is lower than it has been in decades.  In fact, the Senate has confirmed 324 of the president’s 376 nominees, a rate of 86 percent. 

Unfortunately, President Bush’s conservative courtpacking agenda has spelled disaster for millions of Americans who turn to the courts for protection and justice.  The president’s judicial appointees have had a significant and detrimental effect on the law.  They have eroded the right to privacy, approved pay discrimination, insulated large corporations from liability for injuries caused by their products, and prohibited communities from using the democratic process to ensure racially diverse schools.

Regrettably, President Bush’s judicial legacy is only just beginning to unfold as the judges he has appointed will continue to render decisions for decades to come.  Only the active involvement of the American people can steer the federal judiciary back towards balance after eight years of his courtpacking. In the weeks ahead, Americans must decide whether the federal bench will continue to be a place where judges put politics before the law, or if it will once again reflect our constitutional values.

This entry was posted on Tuesday, October 14th, 2008 at 3:45 pm and is filed under Uncategorized .