Editorial: GOP efforts to gain power threaten courts, system

Seeking to manipulate congressional and judicial rules to their
advantage, several Republican leaders embarked on a risky path.
They may gain political power in the short run, but they are
jeopardizing the United States’ crucial system of checks and
balances in the process.

U.S. House Majority Leader Tom DeLay and Senate Majority Leader
Bill Frist are the two men leading the GOP’s charge. DeLay,
Frist and their allies have three goals: change House ethics rules
to make it harder to investigate alleged violations, forbid
filibusters against President Bush’s judicial appointments,
and pass laws to limit the power of federal judges.

The initiative began in December when DeLay first faced tough
questions about his ethics. At that time, the ethics committee
officially criticized him three times, and it appeared possible
DeLay would be indicted in Texas for alleged fund-raising
improprieties. In response, the GOP-controlled House passed a rule
specifically allowing indicted leaders to remain in power.

After significant public outcry, DeLay asked the House to
reverse that change in January. They did so, but the GOP retained a
provision that requires a majority vote of the ethics committee to
start any formal investigation ““ a vote which is nearly
impossible considering the committee is evenly split between
Democrats and Republicans.

The next change sought by DeLay stemmed from the Terri Schiavo
case. DeLay and other conservatives were outraged that a federal
judge ignored congressional efforts to save Schiavo. DeLay said the
situation resulted from “a judiciary run amok.” He
added, “The time will come for the men responsible for this
to answer for their behavior.” He has called for the
Judiciary Committee to review the “failure” of federal
courts and their authority.

Since then, Frist and other GOP senators have called for a ban
on filibusters for judicial candidates. Simply put, they want to
make sure it only takes a 51-50 vote to approve every one of
Bush’s judicial appointments ““ including a likely new
chief justice of the United States.

Thankfully, not all Republicans support DeLay and Frist’s
crusade. Former Republican Sen. Bob Dole said, “I think you
have to be very careful … before you start tinkering with the
rules,” referring to the proposed filibuster ban. Ten other
former GOP congressmen wrote a letter opposing the changes to the
ethics committee.

Nor is this the first time politicians have tried to manipulate
the system for political gain. Democrat Franklin D. Roosevelt tried
(and failed) to stack the Supreme Court in 1937 by increasing the
number of justices. Both Republicans and Democrats limited
filibusters in the 1970s by dropping to necessary vote from 66 to
60.

But these new GOP-backed changes are a particularly serious
threat to the system of checks and balances.

We live in an era where the president opposes abortion, stem
cell research, and legal review of terrorism charges for
“enemy combatants.” He has also unabashedly called for
a Constitutional amendment banning gay marriage.

The courts must continue to act as an independent check against
the powerful conservative movement that is, in fact, anything but
conservative.