A reader from Texas checks in …
I have been licensed to practice law in Texas since 1961. During that period we have seen the complete deterioration of the 5th Circuit in New Orleans from a beacon of reason during the civil rights battles (of course it then included more States including Alabama) to the a rubber stamp right-wing caricature of its former stature.
The court is particularly bad in precisely the areas in which Priscilla Owen is awful. Sure she is terrible on abortion issues. I think the other important areas of her reactionary views such as employee rights, civil rights, torts etc. are the ones she will do the most damage on. That is because most of those sorts of cases end at the Circuit Court level. Most abortion issues do make it to the Supreme Court, so the damage she could do on that issue is limited.
Here is my compromise, as much as it pains me: Let Owens go through. It will not make the 5th appreciably worse; the only more retrograde Circuit is the 4th. I know it will further imbalance the 5th and violate the dictum laid down by Sen. Schumer. The way I see it is that the 5th is a lost cause or sacrifice area already and for the foreseeable future. But, the DC Circuit to which Judge Brown has been nominated is both more important and more closely divided. Brown is so far out of the mainstream she almost makes Owens look moderate. Brown must be stopped. As must Myers. We need to preserve the independence of other Circuits such as the 9th and reluctantly let the 5th and 4th go even further, if such is possible, to the dark side. We have to depend on the fact that conflicts between circuits are often taken up by the Supreme Court.
Actually I do not think Frist can win a vote on the nuclear option. When crunch time comes I believe just enough Republicans will decide against violating both the rules of the Senate and permanently weakening the Senate vis a vis the Executive.
I think he may be right on that<$NoAd$> last count.