The Lincoln Plawg - the blog with footnotes

Politics and law from a British perspective (hence Politics LAW BloG): ''People who like this sort of thing...'' as the Great Man said

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Friday, July 01, 2005

More Hostettler amendments on the way?

First, it was a Ten Commandments decision (June 20) by a District Judge in his home state.

Now, it's the recent efforts of SCOTUS on the same topic:
Rep. John Hostettler, R-Ind. [] said the "unconstitutional decisions" by the high court do not have to be tolerated by either Congress or the White House.

"Congress can remove funds for the enforcement of this unconstitutional ruling," he said. "And the president, in his executive prerogative, exercising his executive prerogative, can, as we say, just say no to the court."

The Justice Department appropriations bill HR 2862 has passed the House, been reported out (with an amendment in the form of a substitute) by the Senate Appropriations Committee, and currently stands on the Senate Calendar.

My thinking (Congressional rules are still largely fog-bound to your humble blogger!) is that Hostettler and the rest of the Taliban Tendency should have lost their chance for this year: either the Senate passes the House version (highly unlikely) or passes the Senate committee version, more or less, and a conference is required, in which Taliban considerations are unlikely to be preponderant.

(There's an element of druther there, of course: it's conceivable that - if the judicial confirmation business has run into a sticky patch - some major league pandering to the crackers may recommend itself to the majority leaders of both houses.)

But the Judiciary appropriations bill - rather more appropriate, one might have thought, though the first Hostettler amendment (HA 282) was to HR 2862 - has still not passed the House (according to THOMAS' list, there's no actual bill number yet, even), so presumably the way is clear for House amendments on the pattern of HA 282 to cover the SCOTUS ruling(s), plus any other judicial decision over which the base can be got sufficiently excited.

(Perhaps lefties could organise a sweepstake on what decisions might get the nullification treatment?

Even better, they might lobby the 38 rat fink Dem members who voted for Hostettler's first effort to encourage them to see the error of their ways!)

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