Consider also the matter of judicial nominees. This has been the very best part of the Bush Administration. Judicial appointments are the one legacy of an administration that lasts long after it has faded into history. The Supreme Court Justices who were appointed by Bush may stay on the High Court for 30 years. Justice John Paul Stevens was appointed by President Gerald R. Ford in 1975. He shows no sign of retiring and is in excellent health. It is not only the Supreme Court Justices who are important. President Bush's nominees to the Courts of Appeals have been superb. More than 98% of Federal appeals are decided at that level. Well under 100 cases are adjudicated by the Supreme Court. If the Democrats take control of the Senate they have pledged to filibuster Bush's judicial nominees. Even State Auditor Robert Casey, Jr., the Democratic nominee against Senator Rick Santorum in Pennsylvania, who says he is pro-life, also says he would support the filibuster of Bush nominees. James H. Webb, Jr., the Reagan Republican turned Democrat to run against Virginia's Senator George Allen, also has indicated he would oppose Bush nominees. Those are the most conservative Democrats running. The other candidates who could win are in Maryland, Missouri, Montana, Ohio and Rhode Island and are strong liberals. There is no question that they would oppose Bush nominees.

When I was at the swearing-in of Supreme Court Justice Samuel A. Alito, Jr., at the White House, Justice Clarence Thomas pulled me aside and he said, "If the other party had controlled the Senate, Alito would not have even gotten out of the Judiciary Committee."

Thomas himself survived the Judiciary Committee despite Anita F. Hill's accusations, but only because there were some moderate Democrats on the Committee then. There is none now. In fact, there is only one real conservative Democrat left in the Senate, Ben Nelson of Nebraska. There are a couple of liberals who will vote with the President on occasion, such as energy policy, but there is none other. And the Judiciary Committee is the most ideological of all the committees. The Senate Democratic Leadership has made sure that only leftists serve on that Committee.

I understand the polls are discouraging to Republicans. Each poll seems more decisive than its predecessor. A memorandum circulated on Capitol Hill questioning the samples used in these polls. The fact is this election will be entirely determined by the volume of turnout. If conservatives, pro-life and pro-family voters cast ballots there may be some surprising results. Of course, if these same voters were to remain at home, then the results trumpeted by the pollsters would be correct.

I completely agree with Hannity when he says that we have it within our power to make the difference. If White House personnel think that the potential stay-at-home vote is not real they ought to see the e-mails many of us receive. I understand, and am sympathetic to, the reasons not to retain the current crowd in office. But there are two very big reasons why they should be re-elected. If they do not improve their performance in the 110th Congress, recruit primary candidates and replace them.