Thursday, October 09, 2003

The Courts: Confirming Mediocrity

With all the trouble Senate Democrats have given qualified judicial nominees like Priscilla Owen and Miguel Estrada, I'll be quite disappointed if Chuck Schumer & Co. doesn't oppose Pennsylvania Attorney General D. Michael Fisher's nomination to the U.S. Court of Appeals for the Third Circuit. Like most state AGs these days, Fisher is a two-bit political hack who has shown himself to be anti-business and anti-property rights. Fisher got CAC's attention last year when--in the midst of his failed run for governor--he abused the powers of his office to stop a planned sale of the Hershey chocolate company. Fisher pandered to the fears of Hershey workers over the economic effects of the sale, and he went to court under the facade of his duty to regulate charities (Hershey's majority owner is a charitable trust). It was a galling display by a Republican leader.

Why President Bush feels the need to reward this man with a lifetime judicial appointment is beyond me. I'm sure there are plenty of qualified lawyers in-and-around the Third Circuit who could serve with distinction.

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