Public Will Give Its Verdict With Its Vote

Today, the only reason we are not subject to the Patriot Act’s “indefensible provisions” (“Congress, Read It This Time,” editorial, Oct. 4) is that District Judge Victor Marrero acted the way he is supposed to: independently. Had the case gone before any of the more than 200 partisan judges appointed and confirmed during the last four years, our liberties could well be in far greater jeopardy.

Would a judge who signed a memo sanctioning the government’s use of torture in contravention of U.S. and international law rule that the Patriot Act contains indefensible provisions? Such a judge, Jay Bybee, sits on our 9th Circuit bench today, appointed by George W. Bush and confirmed by the Senate.

There are other ideologically objectionable Bush nominees whose appointments remain pending, such as William Haynes, also implicated in the torture memo scandal, and Thomas Griffith, who has practiced law for the last seven years without a license.

Yet Orrin Hatch, Senate Judiciary chairman, is attempting to force yet more of these ideological jurists through the Senate despite a long-standing tradition of not confirming judicial nominees during a presidential election. On Monday, yet another objectionable Bush circuit court nominee, Susan Neilson, was passed by the Senate Judiciary Committee.

We should be able to protect our Constitution and halt the most egregious court-packing in the nation’s history at the ballot box this fall. In the meantime, Senate Democrats must do more to help protect our courts from right-wing takeover.

Susan Lerner

Los Angeles