The Nuclear Option

Since I took a Civil Procedure practice exam yesterday (the reason there was no posting on Saturday), I thought I would share this nugget of scary knowledge I gained from learning about Article III of the Constitution: Congress has the power to create, and hence get rid of, the District Courts and Appellate Courts of the Federal Court system.

If in 2006 the GOP win enough seats to have a 60-40 majority in the Senate (unlikely but possible) or they get rid of the filibuster rule altogether right now, they could pass a bill to remove these two lower federal courts only to recreate them the next day and George W. Bush would get to appoint the entire judiciary save the Supreme Court (which it looks like he will get to appoint at least one now that Rehnquist can't even talk).

Now my CivPro teacher assured me that such a move, while technically possible, is politically untenable. That might be true because even many hard-line GOPers would freak out about such court packing and seeding such power to one president. After all, these new Judges would be there for life.

Still, the GOP has such discipline and force to drag its members of Congress further and further to the right with fealty oaths to the party's dogma and the will of George W. Bush. All I am saying is, I doubt Karl Rove hasn't had a wet dream about this one. If they could do it, I think they would try.

After all, Bush et al doesn't seem to care about how he is perceived or how many people he alienates, as long as his people stay in power. Happy nightmares everyone.