WASHINGTON
Kayne Robinson is a prophet. Robinson, a first vice president of the
National Rifle Association, predicted during the 2000 election campaign
that if George W. Bush won, members of his organization would have a
president "where we work out of their office."
Robinson was vindicated last week. Reversing government policy rooted in
Supreme Court precedent established 63 years ago, the Bush Justice
Department supported the NRA's position that the Second Amendment to the
Constitution "more broadly protects the rights of individuals"
to "possess and bear firearms."
Until last week, as Justice acknowledged in its brief, "the
government argued that the Second Amendment protects only such acts of
firearm possession as are reasonably related to the preservation or
efficiency of militia." The old idea, abruptly cast aside, was that
the Second Amendment was written to protect state militias from
interference by a large federal army. The courts held it could not be
used to invalidate firearms regulations that applied to individuals.
The Justice Department's new position -- stated in footnotes to briefs
filed in two firearms cases -- was a bit equivocal. It insisted that
even this administration supports "reasonable restrictions designed
to prevent possession by unfit persons or to restrict the possession of
the types of firearms that are particularly suited to criminal
abuse." But the legal revolution entailed in these radical
footnotes could certainly be used to invalidate "reasonable
restrictions" on the books in states and localities around the
nation. Where will an administration that claims to love states' rights
stand when the NRA uses the Justice Department's language to bring suits
against the toughest local gun control laws?
This embrace of NRA jurisprudence is not an aberration. While the
administration regularly portrays itself as moderate for much-in-demand
"swing voters," it takes one action after another aimed at
satisfying "the base," its hard-core conservative supporters.
That's why the administration wants to pick a fight over its
conservative judicial nominees. Here again, Robinson is instructive.
In the same address in 2000, Robinson declared that "if we win,
we'll have a Supreme Court that will back us to the hilt." Bush
blames "raw politics" on the part of Senate Democrats for the
delay in getting his appeals court nominees confirmed, thereby creating
a "vacancy crisis" in the judiciary.
But who created this "crisis"? When Republicans controlled the
Senate, they killed two dozen of Bill Clinton's appeals court nominees,
without allowing a vote. If Bush would agree to appoint more moderate
judges, or to match qualified conservative nominees with nominees
acceptable to moderates and liberals, the vacancy crisis would
disappear.
But Bush's conservative base wants a battle over judges. Karl Rove,
Bush's resident political genius, told the Family Research Council that
the rejection of Judge Charles Pickering, to an appeals court position,
"is about sending George W. Bush a message that 'you send us
somebody that is a strong conservative, you're not going to get
him'." Rove added: "Guess what? They sent the wrong message to
the wrong guy."
OK. The Bush administration is free to use judicial appointments and
opinions from the Justice Department to show how much it loves "the
base." But, please, let's hear no more administration complaints
about "raw politics." Robinson understood the power of raw
politics two years ago, and he was right.
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