GOP Seeks More Curbs On Courts

Amid the debate over Terri Schiavo, House Majority Leader Tom DeLay, right, complained about an
Amid the debate over Terri Schiavo, House Majority Leader Tom DeLay, right, complained about an "arrogant, out-of-control, unaccountable judiciary." Republicans are preparing a legislative challenge. (By Melina Mara -- The Washington Post)
By Mike Allen
Washington Post Staff Writer
Thursday, May 12, 2005

With conservative anger at the judiciary peaking, House Republican leaders plan to use budgetary, oversight and disciplinary authority to assert greater control over the federal courts before next year's elections.

The legislative challenge to the courts reflects longtime conservative suspicion of the courts and displeasure over the courts' refusal to restore a feeding tube to Terri Schiavo, the brain-damaged Floridian who died March 31. A review was ordered by House Majority Leader Tom DeLay (R-Tex.), who complained about an "arrogant, out-of-control, unaccountable judiciary."

Although DeLay made the issue a party signature, House Judiciary Committee Chairman F. James Sensenbrenner Jr. (R-Wis.) has quietly been pursuing a court-oversight agenda for years, mostly overlooked except for a few high-profile speeches he has given. Sensenbrenner said in an interview that his efforts would not be punitive and would be aimed at making the judicial branch stronger, not at retribution.

"In the early days of the Republic, the precedent was set that judges are not impeached for unpopular decisions," he said.

Sensenbrenner, 61, who has a degree from the University of Wisconsin Law School, suggested in a speech at Stanford University this week that Congress should create an inspector general for the courts to field complaints and conduct investigations.

Sensenbrenner also vowed to pursue a longtime Republican effort to split up the U.S. Court of Appeals for the 9th Circuit, which is based in San Francisco and is considered to be one of the most liberal circuits in the country. Conservatives were infuriated when the court ruled in 2002 that the Pledge of Allegiance was unconstitutional because it describes the United States as "one nation under God."

During the interview, Sensenbrenner said he will be "very active" during the final year and a half of his chairmanship in seeking to curb the judiciary -- starting with passage of a tougher disciplinary mechanism for judges. He said he will not be deterred by criticism that his party is trying to alter the balance of power among the three branches of government.

Republican leaders described the effort as a companion to the effort by President Bush and Senate Republicans to confirm conservatives to lifetime seats, so that Congress can exercise authority over liberal judges who are already on the bench.

"There are some judges that have deliberately decided to be in the face of the president and the Congress, and when they are criticized for that, they hide behind the issue of judicial independence," he said. He added that none of the three branches of government "should be given a blank check without oversight on their operations."

Conservative grievances with the judiciary have been fueled by a series of decisions in recent decades, from the Roe v. Wade abortion decision of 1973 to rulings about prayer in school and same-sex marriage.

Sensenbrenner's ideas are gaining support in the Senate, where there are several members who are courting religious conservatives in anticipation of the presidential primaries of 2008.

Rep. John Conyers Jr. (Mich.), the top Democrat on the Judiciary Committee, said his party is "going to resist all of these encroachments because they compromise the whole idea of the separation of powers."

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