GOP Is Fracturing Over Power of Judiciary
Democrats Say Conservatives Are Targeting Filibuster Rules on Court Nominees
By Charles Babington
Washington Post Staff Writer
Thursday, April 7, 2005; Page A04
The Terri Schiavo case has reinvigorated a drive by congressional conservatives to discipline and curtail the power of federal judges, just as Senate Republicans are trying to repel Democratic claims that the GOP is extremist and overreaching in its bid to shape the federal judiciary.
The debate is causing tensions within the Republican Party, whose Senate leaders distanced themselves this week from an attack on judges leveled by House Majority Leader Tom DeLay (R-Tex.).
Party insiders say Congress is unlikely to impeach judges or dramatically limit the courts' jurisdiction, as DeLay has repeatedly threatened to do. But Democrats, sensing a political opening, have pounced on DeLay's comments -- and similar remarks made by other conservatives -- in their campaign to prevent Senate Republicans from changing filibuster rules that have enabled Democrats to block several of President Bush's appellate court nominees.
"If they don't get what they want, they attack whoever's around," Senate Minority Leader Harry M. Reid (D-Nev.) told reporters this week. "Now they're after the courts, and I think it goes back to this arrogance of power."
For years, DeLay has called for disciplining or even intimidating judges he considers too liberal and active. But rarely, if ever, have his remarks coincided with an event that galvanized public attention as did the case of the brain-damaged Florida woman who died last month. DeLay rebuked judges who refused to order her feeding tube reinserted, saying, "the time will come for the men responsible for this to answer for their behavior." He has asked the House Judiciary Committee to recommend steps for Congress to take against "an overactive, out-of-control judiciary."...
http://www.washingtonpost.com/wp-dyn/articles/A32485-2005Apr6.html