Friday, May 13, 2005
The Thermonuclear Option
I am a little surprised that nobody has mentioned the alternative to political impeachment to restrain an out-of-control judiciary, namely, court-packing.
While FDR didn't pull it off, it was done at the Federal level after the civil war, as I recall, and in the debates Lincoln brings up Douglas's role (as a judge) in a court packing scheme in Illinois (and not to condemn Douglas or the incident, either)
Of course, GWB doesn't have the support in Congress for this (should we call it the "thermonuclear option").
Maybe after the '06 midterms :>)
I am a little surprised that nobody has mentioned the alternative to political impeachment to restrain an out-of-control judiciary, namely, court-packing.
While FDR didn't pull it off, it was done at the Federal level after the civil war, as I recall, and in the debates Lincoln brings up Douglas's role (as a judge) in a court packing scheme in Illinois (and not to condemn Douglas or the incident, either)
Of course, GWB doesn't have the support in Congress for this (should we call it the "thermonuclear option").
Maybe after the '06 midterms :>)
