Posted on 06/06/2002 7:07:46 AM PDT by Stand Watch Listen
With the Memorial Day recess over, it's now back to business for the Senate . . . sort of. Actually, a number of important items that have been neglected by the Democrats will continue to be neglected this summer, among them circuit court nominations.
Since the Democrats took control of the Senate a year ago, they have confirmed just nine of President Bush's 31 nominees to the circuit courts of appeals - a bare 29 percent. Only three were confirmed this year. Ten of Bush's nominees have now waited more than a year for a committee vote, and all but one of them have never even received a hearing.
That's quite a contrast with the way other recent Presidents have had their nominations handled. Reagan, Bush Sr., and Clinton all had their first eleven nominations confirmed. And during their first two years - when the Senate is usually more deferential - those Presidents were actually given some cooperation. Reagan had 95 percent of his circuit court nominees confirmed, and so did the first Bush. Clinton had 86 percent. But with this year halfway over, confirmations are nowhere near a pace that would keep up with that precedent. And the Democrats really don't care, either.
If you judged them by what they say, you'd think they were serious about ending what they've called a vacancy crisis in the judiciary. That they cared about making sure that litigants before overburdened courts had access to justice. Or that nominees and the President himself should be dealt with fairly.
Take Miguel Estrada's nomination, for example. When Estrada was nominated to the D.C. Circuit, Judiciary Committee Chairman Patrick Leahy looked at him and his fellow nominees, announced that he was "encouraged" and committed himself to work with the President. Nevertheless, Estrada, a well-qualified attorney with stellar credentials, is still waiting for a hearing.
Leahy has also said nominees should get a Senate vote within 60 days . . . but Estrada was nominated 393 days ago. Leahy has said the D.C. Circuit's docket is "by far the most complex and difficult in the nation," but with four of 12 seats on that court empty, Leahy hasn't done a thing to fill those vacancies.
Instead, he's looked for excuses to stall and delay. Last month, he seized the opportunity after several special interest groups asked him to deny Estrada a hearing until September, claiming - a year after Estrada's nomination - that they needed time to examine the nominee's record. Not that the extra time for dirt digging will prove useful; a staffer at a group opposing Estrada admitted several months ago that they really didn't have anything on him.
Leahy's quest to torpedo the Estrada nomination has now branched out into demanding internal memoranda that Estrada worked on while at the Department of Justice, a demand so outrageous that it sparked critical editorials from both the Wall Street Journal and the Washington Post.
And that's all about just one of the 22 court of appeals nominees waiting patiently for the Democrats to let the Senate do its constitutional duty.
This slow walk on confirmations comes in part from the Democrats' desire to politicize the judiciary. Although they acknowledge that politicization will damage the judiciary's independence, they've still openly embraced political or ideological litmus tests for potential judges. They'd like nothing better than to have nominees who meet their new burden of proof by declaring for the record that they hold certain acceptable political beliefs, all while saying that they would never, ever allow those acceptable political beliefs influence the decisions they render while on the bench.
Meanwhile, the vacancy crisis continues, the President and his nominees wait for Democrats to actually honor their commitments, and litigants across the country wonder what's going on.
Leahy once said that "those who delay or prevent the filling of [judicial vacancies] must understand that they are delaying or preventing the administration of justice." If only he really meant it.
John Nowacki is Director of Legal Policy at the Free Congress Foundation.
Free Congress Foundation
The Left Keeps Trying -- And Failing -- To Smear Brooks Smith
Source: CNSNews.com; Published: May 16, 2002;
Author: John NowackiPickering Battle Places Congress on Verge of 'Institutional Crisis'
Source: CNSNews.com; Published: March 07, 2002;
Author: Jeff JohnsonMake them pay for 'Borking': David Limbaugh rebukes spineless Republicans to support Pickering
Source: WorldNetDaily.com; Published: March 5, 2002;
Author: David LimbaughThe GOP's Post-Pickering Strategy
Source: National Review Online; Published: March 1, 2002;
Author: Byron YorkPickering Fight Shows Liberals At Their Worst
Source: Roll Call.com; Publblished: February 21, 2002;
Author: Mort KondrackeStill Pestering Pickering
Source: CNSNews.com; Published: February 19, 2002;
Author: John NowackiDismantling Democracy through Judicial Activism
Source: CNSNews.com; Published: February 12, 2002;
Author:Tom Jipping'A Troubling Pattern': Ideology Over Truth In Judicial Confirmations
Source: Too Good Reports; Published: February 10, 2002;
Author: Paul E. ScatesDemocrats Blast Bush Judicial Nominee
Source: CNSNEWS.com; Published: February 08, 2002;
Susan JonesThe Next Big Fight: The first major judicial-confirmation battle of the Bush administration.
Source: National Review: Published: Feburary 6, 2002;
Author:Byron YorkSYMPOSIUM Q: Should the Senate Take Ideology into Account in Judicial Confirmations
Source: INSIGHT magazine; Published: February 4, 2002;
Authors:
Ralph G. Neas -- YES: The ideology of nominees for the federal judiciary matters more now than ever
Roger Pilon -- NO: Since judges apply law, not make it, the Senate's concern should be with judicial temperamentWhat is the Judiciary Committee Trying to Hide?
Source: CNSNews.com; Published: January 29, 2002;
Author: Thomas L. JippingBlasting Conservative Judges: Liberals Launch Their Campaign
Source: cnsnews.com; Published: January 24 2002;
Matt PyeattJudicial Confirmation Lies, Deception and Cover-up
Source: CNSNews.com; Published: December 11, 2001
Author: Thomas L. JippingSenator Leahy Does Not Meet His Own Standards
Source:.cnsnews.com; Published: December 07, 2001
Author: By John NowackiSenator Daschle Must Remove 'Leaky Leahy' From Judiciary Committee
Source: Too Good Reports; Published: December 4, 2001
Author: Rev. Louis P. SheldonA Disgraceful Blocking of Nominees
Source: The Wall Street Journal (ltr to ed) Published December 3, 2001Mr. Leahy's Fuzzy Math
Source: Washington Times;Published: December 3, 2001
Author:EditorialSen. Patrick Leahy; Our Constitutional Conscience?
Source: Too Good Reports; Published: December 2, 2001
Author: Paul E. ScatesJudicial confirmations called significantly low
Source: Washington Times; Published: November 30, 2001
Author: Audrey HudsonPatrick Leahy - Words Do Kill
Source: PipeBombNews.com; Published: November 29, 2001
Author: William A. MayerJudicial Profiling
Source: The Wall Street Journal; Published: November 27, 2001Sen. Leahy's judicial hostages
Source: Washington Times; Published: November 21, 2001Judges Delayed is Justice Denied
Source: CNSNews.com ; Published: November 20, 2001;
Author: Thomas L. JippingPartisanship is Prevalent with Leahy's Judicial Confirmations
Source: CNSNews.com; Published: November 15, 2001
Author: John NowackiLeahy And Daschle Are Coming Face To Face With Their Own Words
Author: John NowackiObedient Democrats
Source: CNSNEWS.com; Published October 26, 2001
Author: Thomas L. JippingWhy is Daschle Blocking Judges needed to Try Terrorists when we Catch them?
Source: Banner of Liberty; Published:October 26, 2001
Author: Mary MostertPat Leahy's Passive Aggressive Game
Source: CNSNews.com; Published: October 25, 2001
Author: John NowackiOperation Obstruct Justice
Source: Washington Times; Published: October 25, 2001
Author: T.L.JippingDaschle wins struggle over judicial nominations
Source: The Washington Times; Published: Oct 24, 2001
Author: Dave BoyerLeahy doctrine ensures judicial gridlock
Source: Washington Times; Published October 22, 2001Senate's judicial powergrab: Tom Jipping tracks Dems' assault on courts
Source: WorldNetDaily.com; Published: June 28, 2001
Author: Tom JippingDems Will Shut Down Judicial Confirmations
Source: CNSNews.com Commentary from the Free Congress Foundation; Published: June 13, 2001;
Author: Thomas L. Jipping
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