THE campaign to combat judicial usurpation seems to be fizzling. While conservatives have talked about ambitious projects like impeaching out-of-control judges or amending the Constitution to require judges to hew to the original understanding of its provisions, they have been unable even to slow down the Senate’s assembly-line confirmation of Clinton judicial nominees. True, Republicans have shot down easy targets like Frederica Massiah-Jackson, whose outlandishly pro-criminal-defense record embarrassed even liberals. But overall, the Republican Senate is confirming judges faster than an earlier Republican Senate confirmed President Reagan’s nominees.
Republicans appear simply to lack the will to take on the courts. And who can blame them? The public isn’t up in arms about judicial imperialism. The issue isn’t easy to publicize either, especially through a hostile media. Despite what is now a long history of abuses, federal judges in general are respected (even though they stand at the intersection of lawyers and politicians). Finally, politicians often don’t mind having their powers usurped when it relieves them of responsibility for controversial matters.
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