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Democrats and the Owen Nomination
Human Events ^ | July 29, 2003 | Chris Field

Posted on 07/29/2003 10:08:41 AM PDT by hinterlander

Today the Senate is scheduled to vote on the motion to end the Democrats' filibuster of Texas Justice Pricilla Owen to the 5th Circuit Court of Appeals. This is the 3rd vote to end the Left's blockade of Justice Owen this year.

Do you remember last year when the Democrats held the Senate majority? During those dark days, the Senate Judiciary Committee, led by Sen. Patrick Leahy (D.-Vt.), killed the Owen nomination in committee. At that time they thought they were done with her.

A funny thing happened two months later that the Daschle Democrats didn't expect: the elections of November 2002. The GOP regained control in the Senate and strengthened their majority in the House. After those fall victories, President Bush wisely re-nominated Justice Owen to the 5th Circuit – Democrats had a fit.

So, why did the Democrats kill her nomination in the first place? Why were they upset that the President re-nominated her? Why are they blocking her now?

Is she unqualified for the post? Democrats have claimed as much. Following the Judiciary Committee's vote on September 5, 2002, then-Majority Leader Daschle (S.D.) said, "We will confirm qualified judges. . .Don't send us unqualified people. . . You send us unqualified judges, and they're not going to pass confirmation."

Such a claim about Justice Owen gets sticky for the Democrats because the very organization whose ratings Sen. Leahy labeled "the gold standard," the American Bar Association, unanimously rated her "well-qualified."

No, the opposition to Owen has nothing to do with her qualifications. The problem is that she's too conservative. In a September 13, 2002, editorial, The Washington Post noted, in response to the Judiciary Committee's vote to kill the Owen nomination, that "the Senate Judiciary Committee's rejection last week of President Bush's nominee to the 5th Circuit Court of Appeals, Priscilla Owen, opens a distressing new chapter in the war over judicial nominations. Justice Owen was not rejected because she is unqualified for the post. . . She was rejected on a party-line vote because she is a conservative. . ."

The biggest problem Democrats have with Priscilla Owen's views is that she is not pro-abortion. This sort of litmus test has been rejected, in word if not in deed, by both parties for years. But with the Owen nomination, the pro-abortion test became obvious. The same Post editorial stated, ". . .At the end of the day, the objections to Justice Owen were almost purely ideological and dominated specifically by the politics of abortion. This is a dangerous road, one that will harm the judiciary and come back to bite the Democrats who rejected Justice Owen."

Such politicization is harmful to the judiciary. It tells all current judges who may wish to one day gain a nomination to the federal bench to write opinions as they believe the Senate Judiciary Committee would desire. It also reminds the rest of us that Democrats have tainted the confirmation process with their liberal politics to the point that the system can no longer be seen as a truly principled operation.

----------------------
Background:

Chris Field is Editor of Human Events Online. He can be contacted at Chris.Field@HumanEventsOnline.com


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: adminstration; appeals; bench; bush; circuit; confirmation; constitution; federal; judge; judiciary; leahy; liberals; nomination; nominee; obstructionists; owen; pricillaowen; priscilla; senate; whitehouse

1 posted on 07/29/2003 10:08:41 AM PDT by hinterlander
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To: hinterlander
How many filibusters do the Dems having ongoing? Whatever the number, it's a new record--and they'll probably increase it too.

It's sad to the the Pubbies so neutered.

But it is also funny to watch the Pubbies whine.

Pubbies should just give control of the Senate back to Daschle because they sure can't do anything with a majority. Daschle can control things with a minority as few as 41. Frist can't with a majority of 51.

2 posted on 07/29/2003 10:20:48 AM PDT by TomGuy
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To: hinterlander
I've never really understood the Dems' slavish devotion to that one issue. They apparently do it to pander to NOW, but that's a tiny constituency.

Michael

3 posted on 07/29/2003 10:20:50 AM PDT by Wright is right! (Have a profitable day!)
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To: hinterlander
When is the Republican Senate leadership going to act and end the Democrats' filibuster of all these judicial nominees?

Get to a vote now of the whole Senate for each judge. There was talk of how to end the 2/3 rule on judicial filibusters, act now!
4 posted on 07/29/2003 10:57:21 AM PDT by RicocheT
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To: RicocheT
Not gonna happen. Their elitist contributors do not want it.
5 posted on 07/29/2003 11:10:06 AM PDT by Digger
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To: RicocheT; Digger
I think the GOP is waiting to see how the Dem Senate nominees play out....They made a very compelling case to change the rules...but the Dems would have a conniption and stage a walk-out..then it becomes a media circus..I think Rove, and others, have a strong sense that they can run the table in '04..pick up 5 Senate seats.....and the judicial nominations will have an impact in the various states....Bush will be campaigning HARD and he'll be at the top of the ticket.....once Hollings formally announces that he's retiring..that seat goes into the GOP column, then the Dems can drop any pretention about taking back the Senate...Breaux could retitre, it could be a GOP gain....GRaham in Fl..won't run again....they could easily get Daschle, Reid, Dorgan..and maybe Edwards.only GOP loss is in Illinois..so, +5, +6 is easy to visualize
6 posted on 07/29/2003 12:17:12 PM PDT by ken5050
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To: ken5050
only GOP loss is in Illinois..so, +5, +6 is easy to visualize

That won't give them 60, so they will still be neutered and helpless whiners. The Dems can still control the Senate. Daschle has been doing it with as few as 41 since the last election.

Notice that the Dems never had such a problem when they had a slim majority.
7 posted on 07/29/2003 12:43:32 PM PDT by TomGuy
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To: TomGuy
do the math..52 + 6 is 58..then there are several votes to confirm....if Own had an up/down vote..it'd be 60/40......this type of crap will cost the Dems every senate seat, most congressional seats, and a lot of state eats in the south.....the biggest issue in this year's Miss gov race may well be Pickering's nomination..
8 posted on 07/29/2003 12:48:49 PM PDT by ken5050
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To: ken5050
this type of crap will cost the Dems every senate seat, most congressional seats

It may depend on one's perspective. I would not, in 2004, vote for ANY Republican running for Senate in my state. And my state is one up next year.

My reason: The Pubs have shown no leadership. They don't deserve to try to run the Senate after the next election.

Sorry, but that's how I see it. Had they forced the Dems into 24/7 fillibustering and other forceful measures, I would probably be supporting the Republican candidate--none which have announced in my state---yet.

Now, no way. I'd stay home before I'd vote for a Republican for Senate.

I would note that my House Rep (Pub) has voted the way I like on most major issues. He was not my preferred candidate before he went to Washington, but he will have my support for his reelection.
9 posted on 07/29/2003 1:01:49 PM PDT by TomGuy
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To: hinterlander
Here is a judicial activism thread for Freepers who are sick and tired of liberal obstruction of Bush's qualified conservative judges.

FREEPer ESTRADA Activism (VANITY)
http://www.freerepublic.com/focus/news/847037/posts
10 posted on 07/31/2003 3:18:56 PM PDT by votelife (Free Bill Pryor)
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To: ken5050
so many on FR are blaming the filibusters on the wrong people: Bush, Frist, etc. It's the fault of Daschle, Hillary, Leahy, Schumer etc. If the Dems stand strong, not much we can do. If we go 24/7 as so many seem to want, than all it takes is one Dem to stop it, but all Repubs have to be here. With the media the way it is, no wonder the Pubs haven't gone for it...But we can win in the 04 elections. I say let the Dems dig their political grave.
11 posted on 07/31/2003 3:21:53 PM PDT by votelife (Free Bill Pryor)
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To: ken5050
explain to me how you think Pickering's nomination is big in the MS gov race. Besides, both will likely support him, even if they didn't what's the point?
12 posted on 07/31/2003 3:23:10 PM PDT by votelife (Free Bill Pryor)
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To: votelife
Mississippi Gov. Ronnie Musgrove is a (D). Pickering is supported by most Mississippians, including the local NAACP. He was endorsed by Miss. Senator Lott. Haley Barbour, former RNC chair, will be running for Miss. Governor in the next election.

-PJ

13 posted on 07/31/2003 3:33:44 PM PDT by Political Junkie Too (It's not safe yet to vote Democrat.)
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To: Political Junkie Too
Okay, but why would people care where their State gov supported a federal judge. If it's that big of a deal, then the Dem will likely give him lukewarm support. I fail to see how this is a big deal in the MS gov race...
14 posted on 07/31/2003 3:56:50 PM PDT by votelife (Free Bill Pryor)
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To: votelife
I'm not from MS, but I remember when the Trent Lott fiasco hit people were worried that if Lott were hounded into resigning, Musgrove would appoint a Democrat to replace him. Haley Barbour is running to try to unseat Musgrove and put a Republican in the governor's chair. Part of the appeal of an (R) is that national Democrats are playing politics with national security, Bush's appointments, etc. They can probably point to neighboring Louisiana and the Landrieu race as an example of a candidate who claimed to support Estrada during the runoff, only to oppose him once re-elected. Barbour can ask if they want that kind of Democrat politics to happen in MS with the Pickering nomination, too. Pickering is a "favorite son" of MS, but he's being treated unfairly by the national Democrats despite the feelings of the local MS Democrats.

This is just my take -- I know you asked Ken5050, not me.

-PJ

15 posted on 07/31/2003 4:04:35 PM PDT by Political Junkie Too (It's not safe yet to vote Democrat.)
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To: Political Junkie Too
you make good points; I expect Barbour to win and the Pickering issue will certainly help the Repubs in '03, especially since I'm sure their will be a high profile filibuster vote on Pickering close to the election.
16 posted on 07/31/2003 4:26:18 PM PDT by votelife (Free Bill Pryor)
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To: votelife
The GOP has made huge inroads in the south, predominantly in national elections..the Dems still control much of the local seats....the Dems from the southern states talk conservative, then go to DC and support the liberal agenda of Daschle, et al...they'e been able to get away with this for years, but it's stopping...While a Dem governor doesn't vote for a judge in the Senate, obviously...if Muisgrove does come out for Pickering..then it's fair to ask him how he feels about the Dems in the Senate who won't give the guy an up/down vote...you keep the pressure up on ALL fronts..
17 posted on 08/01/2003 7:46:36 AM PDT by ken5050
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To: ken5050
the Dem who ran in Texas last year for Senate "supported" Priscilla Owen (just like Mary Landrieu "supported" Estrada). Fortunatley Texas saw through that support and elected Cornyn. Hopefully MS will see through Musgrove!
18 posted on 08/01/2003 1:17:01 PM PDT by votelife (Free Bill Pryor)
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