Caving into consensus in order to appease liberals by fuzzied-up decisions isn't confined to the U.S. Supreme Court. A Republican-majority panel on the 11th U.S. Circuit Court of Appeals, including supposedly conservative Judge William Pryor, just overturned a district court's activist decision ordering the Cobb County (Ala.) school board to remove a disclaimer stating that "evolution is a theory, not a fact."
So much, so good. But rather than render a principled decision, the 11th Circuit panel remanded the case back to the same district court judge who had rendered the obnoxious decision and invited him to try, try again.
The Republican judges apparently sought consensus with the one Clinton-appointed judge. Just imagine an umpire telling the pitcher to try, try again so the umpire could avoid making a controversial call.
Just before Memorial Day, the majority of Republicans in the U.S. Senate voted against amnesty for illegal immigrants. But enough Republicans were seduced by the siren call of bipartisanship to join with the Democrats and pass the Kennedy-McCain amnesty bill.
The Senate bill puts all illegal immigrants who have lived in the United States for at least two years on the path to citizenship, and admits an estimated 66 million new foreigners over the next 20 years who are dishonestly called "temporary" but actually are put on the path to permanent legal residence. As Rep. James Sensenbrenner, R-Wis., said, the Senate bill is a repeat of the 1986 Simpson-Mazzoli amnesty law, which was a miserable failure and is responsible for the problems we face today.
To nobody's surprise, the media were prompt with their praise for what they called the bipartisan coalition that passed this bill and identified the "key architects" as Sens. Edward M. Kennedy, D-Mass., and John McCain, R-Ariz. The media were not misled by the transparent attempt to re-label it the Martinez-Hagel bill.
When a Republican votes with Kennedy, it is called bipartisanship. Somehow we never hear demands that Kennedy vote with Republicans to achieve consensus.
Consensus and bipartisanship are liberal arguments used to con and intimidate conservatives. Politicians and judges should beware of falling into those traps.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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