Memorial Day

While many of us will be enjoying a few days off and time with family, let us not forget the meaning behind Memorial Day.

Since the founding of this nation, our service men and women have fought, sacrificed and died in defense of our freedom.

In the beauty of the lilies Christ was born across the sea, with a glory in His bosom that transfigures you and me. As He died to make men holy, let us die to make all free, while God is marching on.

"That we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth. "

~Abraham Lincoln, Gettysburg Address~

This Deal is A Basic GOP Win

It's been a day or two so I thought I'd expand a little on my views of the filibuster deal that was cut in the Senate.

Just to review the deal says that 3 of the pending nominations will go to a full vote. Those judges are Janice Rogers Brown, William Pryor and Priscilla Owen. The other 2 nominations (Henry Saad and William Myers) are not promised votes.

The terms of the compromise also state that they agree there won't be filibusters except in 'extraordinary situations' but it does not define what those situations are.

In addition, it says nothing for the 38 Democrats who were not in on the deal, and I'm sure we can count on Boxer and company messing things up in the future, especially when we go to a Supreme Court nomination.

As I have said before, it's not a perfect deal, I would have liked all of the judges to get confirmed.

But it does set a no filibuster standard which, at least in theory, 62 Senators support. This assumes that the 48 GOP members who were not part of the deal work with the 14 Senators who were.

That gives them 2 more votes than needed to invoke cloture should a Boxer/Kennedy type try to make a mess of a nomination.

In addition, it looks like most of the GOP senators were willing to vote on the Constitutional option if needed, and all we need there is 2 (48 GOP plus 2 of the 7 who cut the deal is 50). Cheney has said he'd break the tie.

As to the fact that only 3 of the 5 pending nominations go up for a vote, there is a detail many forget.

Unlike Owens, Pryor and Brown, neither Henry Saad and William Myers had 51 clear votes for confirmation. And if we are going to take a fair look at history, this kind of thing has happened before.

For decades, where it was clear a nominee wouldn't get confirmed, he or she usually didn't get a floor vote. This usually happened when one party held the White House and another held the Senate. But it was a standard that if you didn't have a clear 51 votes then you didn't get a full vote.

In this case, there was considerable doubt whether the two excluded nominees would have gotten 51 votes. Assuming most (5 out of the 7) of the GOP senators who cut the deal were also opposed to them, then that means nothing was given up. A non confirmation is a non confirmation whether its by floor vote or by no vote.

So we get the 3 candidates who have a clear 51+ vote support, we get 7 Democrats on record saying they will block filibusters. This is key for Supreme Court nominations.

And you can bet that if the deal is broken we would get most of the GOP 7 to vote in favor of the Constitutional option.

All the Democrats got was blocking 2 nominees that were probably already blocked and a deal that says they can't filibuster in the future.

The first step of that deal came today with an 81-18 vote to end debate on the Owens nomination.

All in all this is a win for Bush and the GOP. Not a blowout, but a win.

PETA Kills Animals

In an amazing level of hypocrisy, the supposedly pro animal (and anti human) group is actually a major killer of animals.

They operate an animal shelter in Norfolk, Virginia. Over the last 5 years, only 19% of those animals have been adopted out (most Humane Society shelters adopt out 70-80%).

This means they've killed 10,000 animals.

http://www.petakillsanimals.com/petaKillsAnimals.cfm

WW2 vs Iraq

This week marks the 60th anniversary of the end of the war in Europe and victory over Fascism.

During his trip to Europe, President Bush has made comparisons between WWII and the War on Terror. This has sparked protests by those on the left.

I can understand their objections.

After all, World War II was a fight against an evil and brutal dictator who oppressed and murdered his own people. He was an evil man who made war on his neighbors and supported killing and terror around the world. He was a threat to peace and humanity.

By contrast, this is a fight against an evil and brutal dictator who oppressed and murdered his own people. He was an evil man who made war on his neighbors and supported killing and terror around the world. He was a threat to peace and humanity.

Very very different, isn't it.....

California Democrats and Child Molesters

Now I will be the first to admit that in the red state/blue state world that many things divide us. But there are some things I thought we could all agree on. For example the idea that child molestors are bad.

But perhaps not for some California democrats.

Consider the following two bills proposed in the California legislature.

Senate Bill 33, known better as the "Circle of Trust bill," is authored by Senator Jim Battin (R-La Quinta) and sponsored by the National Association to Protect Children (PROTECT).

The bill would end California's policy of giving child molesters preferential treatment if their victims are their own children, sending those victims into sex offender therapy with their molesters and letting parents, step-parents and even boyfriends living in the home get probation instead of prison for child sex crimes.

It is endorsed by a broad coalition of groups, including Prevent Child Abuse California, the California Sheriff's Association, Feminist Majority, California District Attorney's Association, the California Alliance Against Domestic Violence, Bikers Against Child Abuse and Crime Victims United of California.

It is opposed by the ACLU of California and criminal defense attorneys.

Now you would think that this bill would pass easily. But State Carole Migden (D-San Francisco), who chairs California's Senate Appropriations committee killed the legislation, refusing to allow supporters to even offer testimony.

Or consider this one, Senate Bill 722 was sponsored by State Senator Jeff Denham (R-Merced). It would have followed Florida's lead in requiring lifetime electronic tracking for sex offenders convicted of molesting children under the age of 12.

The parolee's location would be constantly tracked via a GPS ankle bracelet. The bracelet would transmit an offender's location to a satellite, which would then beam the information to law enforcement officials.

But committee Democrats killed the bill, at the urging of the ACLU and defense attorneys.

As an attorney and a Californian, I am embarassed by these actions.

I urge you all to contact your state legislators and tell them to support these bills.