In Contempt of Courts

Michael Schwartz must have thought I was just another attendee of the "Confronting the Judicial War on Faith" conference. I approached the chief of staff of Oklahoma's GOP Sen. Tom Coburn outside the conference in downtown Washington last Thursday afternoon after he spoke there. Before I could introduce myself, he turned to me and another observer with a crooked smile and exclaimed, "I'm a radical! I'm a real extremist. I don't want to impeach judges. I want to impale them!"

For two days, on April 7 and 8, conservative activists and top GOP staffers summoned the raw rage of the Christian right following the Terri Schiavo affair, and likened judges to communists, terrorists and murderers. The remedies they suggested for what they termed "judicial tyranny" ranged from the mass impeachment of judges to their physical elimination.

The speakers included embattled House majority leader Tom DeLay, conservative matriarch Phyllis Schlafly and failed Republican senatorial candidate Alan Keyes. Like a performance artist, Keyes riled the crowd up, mixing animadversions on constitutional law with sudden, stentorian salvos against judges. "Ronald Reagan said the Soviet Union was the focus of evil during the cold war. I believe that the judiciary is the focus of evil in our society today," Keyes declared, slapping the lectern for emphasis.

At a banquet the previous evening, the Constitution Party's 2004 presidential candidate, Michael Peroutka, called the removal of Terri Schiavo's feeding tube "an act of terror in broad daylight aided and abetted by the police under the authority of the governor." Red-faced and sweating profusely, Peroutka added, "This was the very definition of state-sponsored terror." Edwin Vieira, a lawyer and author of How to Dethrone the Imperial Judiciary, went even further, suggesting during a panel discussion that Joseph Stalin offered the best method for reining in the Supreme Court. "He had a slogan," Vieira said, "and it worked very well for him whenever he ran into difficulty: 'No man, no problem.'"

The complete Stalin quote is, "Death solves all problems: no man, no problem."

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' "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.