He wrote an Op-Ed in the Washington Post on Sunday. This is what he said:
Majority Vote Should Trump Minority Rule
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http://www.washingtonpost.com/wp-dyn/articles/A57780-2005Apr15.html>(snip)
The 108th Congress witnessed an unprecedented campaign of obstruction. Of the 52 men and women the president nominated to U.S. courts of appeals, the Democratic leadership carried out filibusters against 10 and threatened filibusters against six more. Never before had the minority leadership killed even one appeals court nomination by filibuster, much less 16. Bush has had a smaller percentage of his appeals court nominees confirmed than any president in memory.
The Democrats' judicial filibusters are extreme and an arrogation of power. Under the Constitution, the right to nominate judges belongs to the executive, not to the Senate minority leader. Yet the minority leadership has claimed a right to "veto" by filibuster any nominee who deviates from the minority's extreme, ideological litmus tests. The president can submit any nomination he likes, but he knows that even if a clear majority supports his nomination, the Democrats will "filibuster-veto" it. Further, the "advise and consent" function is in serious jeopardy if this new tactic of filibustering judges continues. The Democrats have made it all too clear that they are willing to let the Constitution's separation of powers fall by the wayside if that is what it takes to push through their agenda.
(Snip)
More troubling, the Democratic leadership has written the American people out of the Constitution's system for appointing judges. The people have only two methods for influencing the selection of federal judges: their votes for president and their votes for senator. In November they rejected the presidential candidate who vowed to impose an ideological litmus test on all judicial nominees, and they chose the one who promised to appoint men and women who would uphold the law. They voted out the Senate minority leader who devised these destructive judicial filibusters and returned a Republican Senate with an enlarged majority. Senate Democrats, however, have opted to disrespect the people's voice and continue their audacious and constitutionally groundless claims for minority rule.
I thought these statements ironic given the following facts:
1. The President nominated most (all) of these judges during the period of his 1st term. As we all know he clearly did not win a majority of the popular vote in that election.
2. The actual population represented by the 44 Democratic Senators is, as was posted somewhere on DU, higher then the population represented by the current 55 Republican Senators.
So Santorum's point actually fails his own litmus test regarding the will of the majority when presented as the will of the people. I believe the democrats could make a case that in each instance they are in actuality representing the will of the majority of the people based on Rick Santorums view-point and that it is the Republicans who are the extremists who are trying to enforce minority rule.
I am going to send this point of view to some of the Democratic Senators involved to use if they think they can.