From the Chicago Tribune

Christians square off over battle for judiciary
By Frank James
Tribune national correspondent
Published April 25, 2005 LOUISVILLE -- This city in the heart of the Bible Belt became ground zero Sunday for a battle over the federal judiciary between Christians who support President Bush and Christians who oppose him.
The trigger for the fight was "Justice Sunday," an event that was simulcast to fundamentalist churches across the nation, organized by Christian conservative leaders and featured a videotaped appearance by Senate Majority Leader Bill Frist (R-Tenn.).
Speakers at the event at Highview Baptist Church, a megachurch in Louisville, took aim at Senate Democrats and their use of a parliamentary maneuver called a filibuster to prevent the confirmation of several judges the Democratic minority views as extreme.
Another target was the federal judiciary, most notably the Supreme Court. James Dobson, founder of Focus on the Family, called federal judges "imperious" and "arrogant."
About 1,700 attended the event at Highview, while several hundred joined a "Freedom and Faith" counter-rally at the Central Presbyterian Church in Louisville. Speakers declared that it was the leadership behind Justice Sunday, not the judiciary, that was arrogant.
The Freedom and Faith speakers condemned the conservatives for charging that people opposed to Bush judicial nominees were against "people of faith." They said they were fighting to reclaim the moral high ground from religious conservatives who, they charged, wrongly defined their faith as the only true form of Christianity.
What was apparent from the day's opposing speeches was that both sides shared a common faith but little else.
Frist tries to be conciliatory
Frist, whose participation in Justice Sunday raised the profile of the event, attempted to be conciliatory during his brief speech shown on videotape Sunday night.
"Emotions are running high on both sides, and it reveals once again our country's desperate need for more civility in political life," Frist said.
But Frist made clear that he is still considering an effort to ban filibusters on judicial nominees and smooth the way for a Senate vote on Bush's controversial appointments. Democrats say such an action would be a "nuclear option" that would force them to bring the Senate to a virtual standstill, except for action on national security legislation.
Frist framed the issue as a case of wanting senators to simply vote on Bush's nominees and not leave the nominees and the nation hanging. "If the senators are not prepared to fulfill their constitutional responsibilities, then why are they here in the first place?" he said.
Frist also used the appearance to distance himself from recent remarks by House Majority Leader Tom DeLay (R-Texas), who said judges must "answer for their behavior" but later called his statements "inartful."
"Our judiciary must be independent, impartial and fair," Frist said. "When we think judicial decisions are outside mainstream American values, we will say so. But we must also be clear that the balance of power among all three branches requires respect--not retaliation."
Frist's effort at conciliation couldn't disguise the anger on both sides, however. At the counter-rally, speakers repeatedly denounced what they said were Christian right and Republican efforts to claim Christianity for themselves.
Religious right accused
"The monologue of the religious right is finally over, and a new dialogue has begun," said Rev. Jim Wallis, an evangelical Christian and editor of Sojourners, a progressive Christian magazine, and author of the best-seller "God's Politics."
Accusing the religious right of pursuing political power ahead of the social Gospel of Jesus, including meeting the needs of the poor, Wallis accused the religious right of "religious offenses. For offenses such as these, I believe theological terms are better, like idolatry and blasphemy."
Rev. Joe Phelps, a Baptist minister who spoke at the counter-rally, ridiculed the religious right for claiming to be persecuted for their faith. "You're not persecuted for your faith when those in power hit an obstacle on their way to total domination," he said, accusing the religious right of "whining."
Tony Perkins, president of the Family Research Council, the main organizer of Justice Sunday, rejected one of the main criticisms of his opponents. "We are not saying that people who disagree with us are not people of faith. We have not said that. We will never say that."
But he drew loud applause when he recited one of the main criticisms of the event's participants: that some of Bush's judicial choices have been blocked from a full Senate vote because of deeply held religious views behind their opposition to abortion and gay rights.
Judiciary bashed
"What we are saying tonight is as American citizens we should not have to choose between believing and living by what is in this book," he said, referring to the Bible, "and serving the public, whether it be on the bench as a judge or any other public office."
Perkins urged those watching the program to phone their senators, especially Republicans who had not publicly committed to voting with Frist if he tries to ban the judicial filibuster. Phone numbers were supplied for Senate offices. Sens. John McCain (R-Ariz.) and Lisa Murkowski (R-Alaska) were among those mentioned.
While much of the conservative event was devoted to bashing Senate Democrats, strong criticism was directed at the federal judiciary, especially the Supreme Court.
Dobson called the Supreme Court "unelected and unaccountable, arrogant and imperious, determined to redesign the culture according to their biases."
Dobson put much of the blame for the American Civil War on the Supreme Court. He also pointed a finger at the Supreme Court for the "biggest holocaust in world history," the 44 million abortions he said had been performed since the 1973 Roe vs. Wade decision.
Event's impact unclear
What impact will come from Sunday remained unclear. Frist had earlier indicated a desire to move early toward a Senate vote to ban the judicial filibuster. But misgivings among some Republican senators have forced Frist to delay.
It now appears a floor vote to bar judicial filibusters might not occur until later in the spring or the summer.
While it takes only a majority to approve a judicial nominee, it takes 60 votes to end a filibuster, or extended debate. There are 55 Republicans in the Senate.
There were signs Sunday that Democrats might be seeking some way to avert a showdown. "I think we should compromise and say to them that . . . we'll let a number"--but not all--of the disputed judicial nominations come up for a vote, Sen. Joseph Biden (D-Del.) said on ABC's "This Week." A spokesman also said Sunday that Senate Minority Leader Harry Reid (D-Nev.) was open to compromise.
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fjames@tribune.com