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Lugar: Votes for Obama Supreme Court nominees carried heavy cost

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Former Indiana Sen. Richard G. Lugar told members of the federal judiciary Monday that his support of President Barack Obama’s Supreme Court appointees, opposed by many in his party, may have carried the greatest political cost of any decisions during his 36 years in the Senate.

Lugar said his support of justices Sonia Sotomayor and Elena Kagan were most frequently mentioned by the roughly 250,000 voters his campaign staff personally talked with in phone conversations during the 2012 Republican primary campaign. Lugar was unseated by tea party favorite Richard Mourdock, who lost the general election to Democrat Joe Donnelly.

Lugar said voters were not persuaded by the argument that obstructing nominees on a political basis would raise obstacles for the nominees of future Republican presidents. Voters said they understood such a view, but it was “trumped by their desire to oppose the president,” Lugar told the 7th Circuit Bar Association and Judicial Conference Monday in Indianapolis.

Senators of opposing parties now vote against confirmation of federal judges from half to four-fifths of the time, Lugar said. “It’s no longer good politics” to approach confirmation votes from a non-political point of view, he said. Bucking party lines on confirmation votes “carries extreme political risks, and almost no political benefit” for senators, he said, noting he found Sotomayor and Kagan to have strong qualifications, high moral character, and the respect of the legal community.

“Outside political forces on both sides” have “monetized” opposition in an effort to appeal to political bases, he said. Cable news and partisan websites, for instance, allow activists to spread “a strident viewpoint to vast numbers.” Lugar suggested that view over time could have a corrosive effect on the political independence of the federal judiciary.

Lugar contrasted the heated battles over Supreme Court nominations to his early days in the Senate, when confirmations typically sailed through, sometimes without hearings or with nominal questioning from the Judiciary Committee. He said there are signs, though, that a foundation still exists to rebuild a nonpartisan confirmation process.

Speaking at the 7th Circuit Conference’s annual luncheon, Lugar used the occasion to also promote the post-legislative work he’s hoping to carry out through the Lugar Center in Washington, D.C., and his work with the University of Indianapolis, Indiana University and Georgetown University.

The Lugar Center, founded last month, aims to promote hallmarks of his legacy as a lawmaker: nonproliferation of weapons of mass destruction, global food security and ensuring the effectiveness of international aid. Lugar, 81, was recently knighted as a Knight Commander of the British Empire for his work reducing weapons of mass destruction.

At the outset of his speech, Lugar paid tribute to former Indiana Gov. Otis Bowen, who died Saturday at age 95, and who Lugar called “a very good friend.”

“He meant so much to all of us in public life, and in private life,” Lugar said.


 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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