That is why when President Obama was elected and liberals gained a majority in the Senate there was great rejoicing among the elite, because they believed (and still do) that they would get all their policies enacted and, above all, pack the courts with activists that can help them advance their agenda at an even faster pace. Confirming judges with “empathy” for their causes was, therefore, a top priority.
But nine months into the Obama presidency, they have not seen the progress they want, and the anxiety from the radical left keeps growing by the minute. Articles calling for the President to speed up the process on judicial nominations have greatly increased in recent days, and though they are careful not to formally criticize the President (we know what happens if you dare to do that), the message is being heard loud and clear by the White House and the Democratic leadership.
Some believe the slow pace on judicial nominations comes as a result of President Obama taking on too much too soon. They believe the President has lost track of the importance of this issue amongst health care, bailouts, Afghanistan, running with Oprah to get the Olympics, and other things. And though the liberal elite love what the President is trying to do, the recent uproar against the President’s health care reform at town halls and tea parties have reminded them what they have known for a long time: when Americans see liberal ideology in action, they reject it.
That leads them back to their unelected friends again: the judges. It is activist judges who will ensure their agenda remains in effect, and actually expands, even after they loose some seats in the next election.
The liberal elite know that much of what they want to accomplish tramples on long-standing constitutional principles like freedom of speech and the free exercise of religion. The enactment of “hate crimes” legislation is perhaps the most recent example. So they have to be prepared to defend their positions in the courts and, without activist judges willing to look beyond the text of the Constitution, they have no chance.