The looming filibuster showdown is likely to be triggered by Priscilla Owen, who was accused of judicial activism by an unlikely foe -- Alberto Gonzales.
By Eric Boehlert
With the White House signaling its intention to force a showdown over a handful of stalled judicial nominees, the question is no longer if it will happen but when, and with which nominees as first up. Who will be the judge -- or judges -- Republicans send to the Senate floor for confirmation to trigger what they call the nuclear option, voting the Senate's 218-year-old filibuster rule out of existence?
There are indications that Priscilla Owen will emerge as the public face of what's likely to be a wildly contentious battle that poses serious political risks for both parties. Senate Majority Leader Bill Frist singled out Owen for praise during his controversial videotaped appearance at the so-called Justice Sunday rally on April 25. And on April 28 Frist again highlighted Owen's plight as a stalled judicial nominee.
The White House has certainly shown unusual dedication to Owen's nomination. Since being chosen in 2001 as one of Bush's original slate of federal nominees, Owen, a justice on the Texas Supreme Court, has been unable to gain any support among Democrats, who uniformly reject her as an ideologue who tries to create law from the bench.
More troubling for her nomination is that when he was Owen's colleague as a justice on the Texas Supreme Court, Attorney General Alberto Gonzales accused her of trying to implement "an unconscionable act of judicial activism." The charge came during a heated abortion ruling in which Owen tried to make the burden for a minor even more onerous than the Texas Legislature intended. Time and again while serving with Owen, Gonzales admonished her for straying too far from the clear intent of Texas statutes. Today, however, Gonzales praises Owen as "superbly qualified," while her supporters try valiantly -- and at times imaginatively -- to explain away the damning "judicial activism" description.
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http://salon.com/news/feature/2005/05/03/filibuster_showdown/index.html