The Presidential election on November 2nd is history, now what can we expect from the results? With his election and Republican gains in their majorities in the House and Senate, President Bush believes he has a conservative mandate. At his first press conference after the election, he proudly and rightly proclaimed that the election gave him political capital and he now intends to spend it. One way is to appoint and have confirmed by the United States Senate conservative judges to the federal appellate courts that will strictly interpret the Constitution. Thanks to the recent election success, including the exit of Senate minority leader Tom Daschle, there are now 55 Republicans out of 100 Senators in the United States Senate, which will make this task easier to accomplish then in past years when the Republican majority was smaller. Still the Democrats will up a vicious fight. Procedurally, there must be 60 votes to end debate on a nominee, so some Democrat votes are needed for confirmation. Also, moderate to liberal Republican Senator, Arlen Specter from Pennsylvania, who is in line to be Chairman of the Senate Judiciary Committee, could be a thorn in the President's side. Even though President Bush helped Specter win a hotly contested primary election, Specter has warned the President about appointing judicial nominees that are too conservative and would support overruling Roe v. Wade, which legalized abortion. Specter has recently backtracked somewhat by now saying there should be no litmus test for nominees. However, conservative pro-life groups are mistrustful of Specter, who voted against the nomination of strict constructionist Robert Bork, and are already lobbying hard to name another Senator more in agreement with the President's judicial philosophy to be chairman.
     With the Democrats electoral losers, as so stated recently by California Governor Arnold Schwarzenegger, and out of national political power the only way their political agenda can be keep alive is through the judiciary with activist judges interpreting the law. Chief Justice William Rehnquist has recently being diagnosed and is being treated for thyroid cancer. With several seats on the United States Supreme Court coming open in the next few years due to the age and failing health of several judges, the confirmation hearings for nominees to that court as well to other federal district and appellate courts will be a battleground.
     Presidents can influence the law of the United States for years after they leave office by having judges confirmed that share their judicial philosophy. George Bush and the Republicans do not want to make the same mistake that his father made by appointing another David Souter to the nation's highest court. Souter, though appointed by a Republican President, has repeatedly sided with the liberal wing of the Supreme Court.
     The rulings of the United States Supreme Court are the law of the land and have a profound effect on the lives of every citizen. They are precedent throughout the federal and state court systems and are read and complied with in the North Carolina Superior and District Courts. The appointment of these and other federal judges will be one of the most important jobs of President Bush's second term and will leave a lasting legacy on the courts and on our country.

Opinions expressed in this article are solely that of this writer and are not the official position of the Conference of Superior Court Judges. Readers with questions about the Judicial System may send inquiries to the Weekly News to be responded to by Judge Hockenbury or send the judge an e-mail at www.judgejayhockenbury.com .