Tuesday, May 29, 2012

NO MORE ACTIVIST JUDGES AND NO MORE CZARS!

STOP SENATE VOTE NOW FOR
RADICAL OBAMA JUDICIAL NOMINEES
URGENT: Senate Democrats and RINOs are poised TODAY to APPROVE two federal district court judges Obama has nominated, on which U.S. Senate Democrat leader Harry Reid and GOP Minority Leader Mitch McConnell are forcing immediate votes. Because of Obama's flagrant ABUSE of the nominations process with "non-recess / recess appointments" and other Executive branch encroachments upon Congressional powers, we need to block EVERY ONE of these nominees!
Start TODAY! Tell the Senate to JUST SAY NO to Obama, NO to Harry Reid, and RINO Mitch McConnell, and NO to Judge William J. Kayatta, Jr. – nominee to the First Circuit Court of Appeals!
Some weeks ago, Reid belligerently moved to invoke cloture, and require a swift series of votes on most of the twenty-two judicial nominees pending before the full Senate – playing a blame game on Obama opponents with claims of obstructionism. This opened a strategic opportunity for what needs to be a GOP confirmations fight with Senate Democrats based upon Obama's serial violations of the Constitution, total disrespect for the separation and balance of powers, and flagrant abuse of the nominations process.
Constitutionalist Republicans are still irate that in January Obama installed his radical new Consumer Financial Protection Bureau chief and three members to the National Labor Relations Board in violation of Senate rules – and of the Constitution. "When he made a recess appointment when the Senate didn't consider itself in recess, that changed the game," stated freshman Sen. Mike Lee, Utah Republican.
Since then, Sen. Lee and Sen. Jim DeMint have led the resistance against more White House nominees. "Ours is not a government of one. This was a dangerous precedent, and we need to oppose it," according to Sen. Lee, who will vote against all appointments in committee and on the floor until Obama rescinds his unconstitutional "recess" appointments, and stops making them.
Similarly, Sen. DeMint: "President Obama has shown a complete disdain for the people's elected representatives and our duty to advise and consent on nominations," the South Carolina Republican told media. "Unless he revokes his unprecedented recess appointments that defied the constitutional role of Congress, I don't intend to support any of his judicial nominees this year."
Unfortunately, Senate Minority "Leader" Mitch McConnell – in typical RINO appeasement mode – has reportedly struck another infamous "deal" with Harry Reid, and is playing dead on judicial appointments!
Senate Republicans need to hear from YOU that you agree with the Constitutionalists, and you want the Senate to respond forcefully to Obama and Reid's abuse by defending our Constitution! Tell the Senate to BLOCK ALL Obama nominations until checks and balances between the co-equal branches of the federal government are restored. The Senate should INVOKE the "Thurmond Rule" NOW because of Obama's violations, and HALT ALL lifetime appointments to the bench. That rule in any event stops the Senate from moving on nominees in the last six months of a president's term; it needs to be triggered NOW.
It is past time for the GOP to act against Obama's usurpations and attacks on the Constitution. Reid stalled the jobs bill that passed the House last week with 390 votes and orchestrated this nominations fight in the Senate, so the mainstream media can depict Republicans as obstructionists during a contentious election year.
There is NOTHING to gain and EVERYTHING to lose in capitulating to Reid, and following McConnell's appeasement strategy! When will the RINOs learn?
Despite Obama's abuse of the nomination and appointment process, the Senate this year has already compliantly approved seven of Obama's judges. Clearly, Obama sees "bi-partisanship" as a sign of weakness and an invitation to further abuse. There is no advantage, and no honor, in more GOP capitulation.
Sen. Lee welcomes the fight over the latest Reid-Obama ploy, saying: "The president's unconstitutional abuse of his recess appointment power represents a threat to the institution… It's not partisan. It's not Democrat or Republican." He is correct – it's the Constitution!
On to Reid's ploy. William J. Kayatta, Jr. is first up on Reid's play list. Kayatta is a Kagan tool, who our expert friends at Judicial Action Group characterize as "a nominee whose record has already unequivocally established him as a judicial elitist, and an advocate for an unaccountable judiciary."
Nominated to the United States Court of Appeals for the 1st Circuit (whose jurisdiction encompasses Maine, New Hampshire, Massachusetts, Rhode Island, and Puerto Rico), Kayatta is only the initial pick of Obama judicial nominees who are clearly outside the mainstream legal community – a situation which demands that their records be subject to strict scrutiny by the U.S. Senate rather than shown the deference which some suggest a consensus nominee might be granted.
Of course RINO Senator Olympia Snowe immediately made the following comments in support of Kayatta: "This is a case of the President selecting a superbly-qualified nominee, who can and should attract strong, bipartisan support in the Judiciary Committee."
Her Mainer-Marxist twin, RINO Senator Susan Collins echoed: "Bill is eminently qualified to serve on the First Circuit Court of Appeals. He deserves overwhelming bipartisan support, and I look forward to introducing him to my colleagues as soon as possible."
The actual facts about Kayatta's unfitness are, to the contrary, manifest. Below is a brief summary of some of the most radical positions taken by Kayatta, including his shocking assertions that:
Judges' pay should be arbitrarily doubled over that of U.S. Senators, and judges' salaries should be tied to the salaries of foreign judges rather than U.S. elected office holders. Kayatta also believes and actively advocates that judges can legislate from the bench, and thereby control setting and raising their own salaries.
When Kayatta testified in support of Elena Kagan's confirmation to the Supreme Court, Senator Jeff Sessions rightly challenged Kayatta's – and the American Bar Association's – corrupt and partisan report, which rated her record "well qualified" despite her glaring failure to meet the minimum ABA qualifications. These include "at least twelve years' experience in the practice of law and substantial courtroom and trial experience as a lawyer or trial judge…" Under these standards Kagan was grossly unqualified; Kayatta had no plausible explanation from a judicial or law profession perspective for the discrepancy. Kagan's was overtly a political ABA rating.
Kayatta helped author the ABA report and rating on Kagan that was submitted to the Senate, as well as testify on her behalf in its presentation.
Kayatta's ABA report defended Kagan in barring military recruiters from Harvard, a legally unsupportable position which was universally rejected in mainstream judicial circles, and in fact, stuck down in the courts.
Finally, Kayatta is attributed on another report seeking to bar all judicial elections, based upon voter opposition to leftwing activist judges in Iowa. Kayatta's name appears as a member of the Board of Regents of the American College of Trial Lawyers on their published and disseminated "White Paper on Judicial Elections" (2011). The report cites several instances of voter outrage against judicial activism, including the 2010 Iowa judicial recall elections, as justification to abolish all judicial elections, presumably leaving the selection of judges to committees of unelected and unaccountable bar committees and lawyer "elites" such as Kayatta and the ABA.
This is perhaps the most anti-constitutional indicator on Kayatta of all his record. The White Paper states: "In the wake of these developments, three Supreme Court justices in Iowa were ousted in 2010 after interest groups, most from out of state, spent nearly a million dollars to unseat them owing to the court's unanimous ruling in a 2009 gay marriage case."
Does Kayatta affirm or disavow the radically anti-democratic conclusion of the White Paper in which he shares attribution? If he now disavows it, does he believe that judges are subject to any "checks and balances" by the American people as a voting electorate, or by the other branches of government? What if any remedy is appropriate, according to Kayatta, to rein in an out-of-control judiciary that is "amending" the Constitution by judicial fiat? Inquiring minds want to know – as voting majorities and aroused minorities of American citizens in any number of referenda, initiatives and candidate elections have made clear: American voters do not want any more anti-constitutional activist/advocates sitting as jurists in federal courts, wrongfully "legislating" from the bench as black robed tyrants!
But that is exactly what Obama and Harry Reid want! And to get it, Obama wants complete control of the appointments process.
Obama will elevate to the federal bench extremists who want what he wants.
And Mitch McConnell refuses to fight him!
BUT YOU CAN STILL STOP OBAMA'S NOMINEES TO THE FEDERAL COURT!
Just as you successfully turned back the nomination on the U.S. Court of Appeals for the D.C. Circuit of Caitlin Joan Halligan – the worst Obama judicial nominee since Elena Kagan – YOU can HALT OBAMA and HARRY REID FROM PACKING THE FEDERAL COURTS WITH RADICAL NOMINEES!
SUPPORT THE SENATE CONSTITUTIONALISTS!
DEMAND THE REPUBLICANS FIGHT OBAMA'S RADICAL COURT APPOINTMENTS!
Along with Kayatta, Reid is going to try to force swift votes on many other extremist Obama nominees to the federal bench by the Senate Judiciary Committee and RINO McConnell is going to go along, UNLESS YOU STOP THEM!
The Senate Judiciary Committee held an executive business meeting to consider pending nominations and legislation on March 29, 2012.
Agenda
I. Nominations
Richard Gary Taranto, to be United States Circuit Judge for the Federal Circuit
Ordered Reported By Voice Vote, One Senator Recorded As No
William J. Kayatta, Jr., to be United States Circuit Judge for the First Circuit
Held Over
Robin S. Rosenbaum, to be United States District Judge for the Southern District of Florida
Ordered Reported By Voice Vote, One Senator Recorded As No
Gershwin A. Drain, to be United States District Judge for the Eastern District of Michigan
Ordered Reported By Roll Call Vote, 10-8
John Thomas Fowlkes, Jr., to be United States District Judge for the Western District of Tennessee
Held Over
Kevin McNulty, to be United States District Judge for the District of New Jersey
Held Over
Michael A. Shipp, to be United States District Judge for the District of New Jersey
Held Over
Stephanie Marie Rose, to be United States District Judge for the Southern District of Iowa
Held Over
Gregory Keith Davis, to be United States Attorney for the Southern District of Mississippi
Ordered Reported By Voice Vote
ALL THESE NOMINEES NEED TO BE VOTED NAY WITH A THREAT OF FILIBUSTER!
Unless YOU act, Kayatta willwin a lifetime seat on the 1st Circuit Court, and Obama will be rewarded and emboldened to abuse the Constitution and pack the federal courts with radicals!
The Circuits are the only courts other than the U.S. Supreme Court that can actuallyHALT some of the Obama Administration's unconstitutional practices and abuses of power.
It is the Circuit Courts which hear our cases against federal over-reach and abuse of power, brought to challenge extremist Administration policies Obama has enacted by fiat when he can't get Congress to pass his socialist agenda, or seeking to reverse unjust federal government enforcement actions inflicted upon targeted states, citizens and businesses that are obstructing the Obama leviathan. These federal court appointments MATTER!
IF THE SENATE GOP WILL STAND FIRM, OBAMA AND REID WILL LOSE THESE NOMINATIONS FIGHTS, AND WE WILL SEND A VITAL MESSAGE OF LOYALTY TO THE CONSTITUTION TO OBAMA!
While many Republican senators can be counted on to vote against Reid and Kayatta, there are those in the GOP ranks who love to look "bi-partisan" and are notoriously unreliable: John Kyl (AZ), Lamar Alexander (TN), Scott Brown (MA), Susan Collins (ME), Lindsey Graham (SC), Mark Kirk (IL), Richard Lugar (IN), John McCain (AZ), Lisa Murkowski (AK), Olympia Snowe (ME), and John Thune (SD).
Mitch McConnell thinks his "deals" and his ambition to be Senate Majority Leader are more important than saving the republic from Obama's destruction of the Constitution!
The Democrat leadership will be cracking the whip hard on this Senate Judiciary Committee vote and the larger Senate confirmation votes the Democrat majority seeks to force, but some "moderate" Democrats and some RINOs concerned about the coming elections might think twice – IF THE TRUTH ABOUT THESE NOMINEES GETS OUT TO WE THE PEOPLE, AND IF THEY HEAR BACK FROM ENOUGH OF US.
Among these Democrats are: Sens. Mark Begich (AK), Bob Casey (PA), Joe Manchin (WV), and Claire McCaskill ( MO), Patrick Leahy (VT), Herb Kohl (WI), Dianne Feinstein (CA), Chuck Schumer (NY), Dick Durbin (IL), Sheldon Whitehouse (RI), Amy Klobuchar (MN), Al Franken (MN), Chris Coons (DE), and Richard Blumenthal (CT).
Kayatta's views as a committed judicial activist who in fact legislates from the bench are pervasive – and are equally troubling with his radical partisanship and judicial anti-democratic, anti-accountability advocacy.
And it is not just William Kayatta up for a Senate vote! Other radical Obama nominees are also proposed for the federal bench – and ALL NEED TO BE VOTED NAY WITH A THREAT OF FILIBUSTER!
WE MUST PRESERVE THE CHECKS AND BALANCES BETWEEN THE BRANCHES OF FEDERAL GOVERNMENT, AND WE MUST DEFEND THE INTEGRITY OF THE FEDERAL COURTS!
Keep Faith,
Alan Keyes Signature

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