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To Our President: Please be Consistent
July 11, 2005
Dear President Bush,
I write today to ask you to continue your strong record on judicial nominations when it comes to filling the vacancy of Justice Sandra Day OíConnorís Supreme Court seat. The left wing is already floating trial balloons and trying to force you to pick someone who meets their definition of a good Supreme Court justice. I trust and hope that you will take these naysayers with the grain of salt that they deserve, and nominate a truly strong originalist to that position. I furthermore hope, should Chief Justice Rehnquist also resign his seat, that you would promote Justice Clarence Thomas to the Chiefís position, and then nominate a second associate justice of the same high caliber as the first.
I know that Arlen Specter and others were suggesting that you ought to promote Justice OíConnor to the Chiefís seat. This is unwise and short-sighted, and I know that you are probably not considering this at all. I know how seriously you take your oath, and how much you love this country and its Constitution. Your conduct makes me proud to have voted for your election -- twice.
I think that, from a political standpoint, there is a great nominee waiting in the wings: Janice Rogers Brown. Since the Senateís "gang of 14" has already approved her to sit on the D.C. Circuit, there ought to be no reason that they could stall her for the Supreme Court. However, you are in a much better position than me when it comes to suitable nominees. I trust your judgment.
What I ask you not to do is compromise. These judges have become a law unto themselves, and therefore, judicial restraint and originalism are important, even vital, to the survival of the Republic. You and I both know that the leftists in the Senate will hate and viciously fight against whomever you nominate. Therefore, respectfully, Mr. President, you ought to be consistent and nominate the most originalist and restraint-friendly justice you can find. The only way to stem an unchecked bench is to impanel justices to the Supreme Court who have the character and the bravery to set aside the power that, when abused, is so dangerous.
You have a clear majority in the Senate. A clear majority of the people elected you, Mr. President, hoping that you would do exactly what I ask you to do. It was an issue upon which you campaigned. You may have the opportunity, within the next days, to make three nominations: a Chief Justice promotion and two associate justices. It is within your power to change the country for the better, and for a time substantially longer than the end of your second term as President.
The only thing that would make me happier than your selection of two top-rate justices for the Supreme Court: The repeal of the Constitutional amendment that limits your service as President to two terms. My best wishes to you and your family, and your administration. You remain in my prayers.
John F. Tamburo