Storm over Specter. Shortly after Election Day,
Sen. Arlen Specter (R.-Pa.), in line to succeed Utah Sen. Orrin
Hatch (R.) as chairman of the Senate Judiciary Committee, embraced
a pro-abortion litmus test for President Bush's Supreme Court
nominees. Specter said: "When you talk about judges who would
change the right of a woman to choose, overturn Roe v. Wade, I
think that is unlikely."
Specter's comments ignited a firestorm on Capitol Hill, as
pro-family groups reconfigured themselves into campaign mode and
organized a massive onslaught of e-mails and phone calls to Senate
offices. Senators report receiving a heavier volume of constituent
contacts--almost all of them anti-Specter--than they received when
the Senate was considering a constitutional amendment to define
marriage as between a man and a woman. Senate hallways were abuzz
with speculation that Specter's comments would prompt conservative
senators to mount an effort to deny him the chairmanship he has
coveted for so many years, and just when one or more Supreme Court
vacancies appear imminent.
Some senior Senate staff have noted an irony in Specter's
situation: The maverick Pennsylvania Republican will become
chairman so long as his colleagues adhere to the longstanding
Senate tradition of allotting committee chairmanships solely on the
basis of seniority. Yet by establishing an ideological litmus test
for judicial nominees, Specter would himself be breaking with the
longstanding Senate tradition--increasingly under assault by Senate
Democrats in recent years--of evaluating nominees on the basis of
their overall professional qualifications and judicial temperament,
and not on narrow ideological grounds.
With Congress reconvening this week, senators will find themselves
in the midst of an unexpected battle over who controls the gavel on
the Senate committee that will occupy ground zero of any
confrontation over a Supreme Court nomination. Technically, Senate
committee assignments and the designation of committee chairman
will not take place until early January. But insiders expect the
Specter imbroglio to resolve itself before Thanksgiving. The
overwhelming and immediate reaction of the pro-family groups and
their members to Specter's comments, moreover, reinforces the
general sense among Hill insiders that no legislative challenge
facing President Bush as he begins his second term--not Social
Security reform, nor the overhaul of our tax code, nor even future
confrontations over the application of Bush's strategy to defeat
terrorism--will rival the emotional intensity and the significance
of battles affecting our highest court.
Small-Government Democrats? Democratic strategist
and CNN commentator James Carville reportedly has read the election
tea leaves and concluded that the Democratic Party needs to be
"born again." According to a report in the Washington Times,
Carville may recommend that Democrats embrace a "reform-oriented,
anti-Washington" agenda built around "the ability of members of
Congress to reject pork projects for their districts and stake the
party's fortunes on fiscal discipline." Indeed, Carville's timing
may be fortuitous. A pre-election poll by the Winston Group found
that, by a margin of 47% to 44%, Americans now view the Democratic
Party as the party best able to "handle the issue of fiscal
responsibility."
Should the Democratic Party move in this direction, it would enjoy
a bountiful supply of targets, many of them served up by members of
the Grand Old Party. After examining just two of the nine
appropriations bills awaiting final congressional approval,
National Journal concluded that appropriators who are stepping down
due to term limits, such as Alaska Republican Ted Stevens in the
Senate and Florida Republican Bill Young in the House, or retiring,
such as South Carolina Democrat Ernest Hollings, "did remarkably
well for their constituents before leaving their posts."
Stevens directed an astounding $178.8 million to his home state of
Alaska in the bills providing funds to the Departments of State,
Commerce, Justice, and Housing and Urban Development, including $15
million for the Alaska Fisheries Marketing Board, $350,000 for the
Arctic Winter Games and $950,000 for an Olympic-quality speed
skating rink. Outgoing House Appropriations Committee Chairman Bill
Young included $1.8 million for two art museums in St. Petersburg,
Fla. Hollings, no piker in this competition, included $166 million
for South Carolina interests, including funds for an undergraduate
scholarship program and a marine laboratory (both of which will
bear his name), $2 million for something called the South Carolina
Seafood Alliance, and nearly $30 million to modernize South
Carolina's judicial case docket system.
Carville's new direction for the Democratic Party will win more
widespread acceptance among the party's rank and file on Capitol
Hill if Ohio Republican Ralph Regula ascends to the chairmanship of
the Appropriations Committee. Regula has told his House Republican
colleagues that, as chairman, he would end the practice of divvying
up a portion of the 13 annual appropriations bills between the
Republicans and Democrats on each panel according to a prearranged
formula. Instead, Democrats would be beholden to the senior
Republican on each subcommittee for specific projects in their
districts. With Democrats unlikely to reap as many pork projects
under this new regime, Carville's proposal could be the political
equivalent of turning lemons into lemonade for a Democratic Party
desperately in search of a post-election policy agenda.
Mr. Franc, who has held a number of positions on Capitol Hill,
is vice president of Government Relations at The Heritage
Foundation.
First appeared in Human Events