The Nation: "Confronting the Judicial War on Faith" Conference

The threatening tenor of the conference speakers was a calculated tactic. As Gary Cass, the director of Rev. D. James Kennedy's lobbying front, the Center for Reclaiming America, explained, they are arousing the anger of their base in order to harness it politically. The rising tide of threats against judges "is understandable," Cass told me, "but we have to take the opportunity to channel that into a constitutional solution."
Cass's "solution" is the "Constitution Restoration Act," a bill relentlessly promoted during the conference that authorizes Congress to impeach judges who fail to abide by "the standard of good behavior" required by the Constitution. If they refuse to acknowledge "God as the sovereign source of law, liberty, or government," or rely in any way on international law in their rulings, judges also invite impeachment. In essence, the bill would turn judges' gavels into mere instruments of "The Hammer," Tom DeLay, and Christian-right cadres.
Conference speakers framed the Constitution Restoration Act in pseudo-populist terms--the only means of controlling a branch of government hijacked by a haughty liberal aristocracy against the will of the American people. As Michael Schwartz remarked during a panel discussion, "The Supreme Court says we have the right to kill babies and the right to commit buggery. They say the people have no right to express themselves, that the people have no right to make laws. Until we have a court that reflects a majority," Schwartz continued, his voice rising steadily, "it is a sick and sad joke that we have a Constitution here."
The right wing claims that judges should reflect majority opinion. But what is the majority opinion? After DeLay and Senate majority leader Bill Frist passed special bills ordering federal courts to consider the reinsertion of Terri Schiavo's feeding tube, according to a Gallup poll, Congress's public approval rating sank to 37 percent, lower than at any time since shortly after Republicans impeached President Bill Clinton. Meanwhile, 66 percent of respondents to a March 23 CBS News poll thought Schiavo's feeding tube should be removed. The notion that the Christian right's agenda is playing well in Peoria must be accepted on faith alone.