Posted on 09/04/2001 4:15:03 PM PDT by kattracks
WASHINGTON (AP) - President Bush's judicial nominees should have to fight to get lifetime federal judgeships instead of senators having to find reasons to keep them off the federal bench once they're nominated, a top Judiciary Committee Democrat said Tuesday.
"Given the stakes at hand, it makes sense that the burden should rest with the nominees," said Sen. Charles Schumer, D-N.Y., head of the Senate Judiciary subcommittee on judges. "We require parties who appear before a court to prove their case. It is not unreasonable to ask those who come before the Senate seeking a lifetime appointment to the federal bench to do the same."
Conservatives immediately accused Schumer of trying to find ways to keep Bush's nominees from being confirmed in the Democrat-controlled Senate by changing the traditional deference senators give most presidential nominees.
"Democrats want an excuse to vote against a qualified nominee if he doesn't share their politics," said Thomas Jipping, director of the Free Congress Foundation's Judicial Selection Monitoring Project. "In advocating a shifting of the burden of proof, Democrats want an excuse to vote against a qualified nominee who doesn't answer their political questions."
The GOP has been complaining about the pace of approval of judicial nominations under the Democrat-controlled Senate. There are at least 107 vacancies in the federal court system, and there are 44 judicial nominations pending.
Only four judges have been confirmed by the Senate this year.
Sen. Jeff Sessions, R-Ala., the ranking Republican on the subcommittee said he could see that very thing happening.
"The Democrats could say that they would vote against a nominee if he answers a question in a manner that shows he is conservative," he said. "On the other hand, the Democrats could say they would vote against a nominee if he refuses to answer their questions because he hasn't borne his burden."
Schumer, who held a hearing to explore whether nominees should have to prove they're worthy to get a lifetime judgeship, said forcing candidates to defend their nominations would net more qualified judges.
"Imagine a job interview where you walk in and it's up to the interviewer to either automatically hire you or find something in your past that disqualifies you," Schumer said. "Provided you sit there with your mouth shut, or at the most, voice meaningless platitudes, and as long as there's no major skeleton in your closet, you're a shoo-in for the job. Is that the best way to find the best person for the job? Of course not."
Republicans disagreed. "The most significant burden born by a candidate for a judgeship is to convince the president that he or she is the best person for the job," said Sen. Orrin Hatch of Utah, the Judiciary Committee's top Republican.
Added Sen. Mitch McConnell, R-Ken.: If nominees "are men and women of integrity, are qualified, have a judicial temperament, and will follow the Constitution and statutes as they are written and intended, then we should confirm them."
You know what, Chuckie? I can actually agree with that............on principle.
HOWEVER...........
I find it interesting that you didn't give a flying fiddler's damn about such things during the Clinton administration. Check with your fellow NY Senator on that one. Oh yes.......and remember this, Chuck: What's good for the goose is good for the gander, so think twice about what this means in a Republican-controlled Congress with a, say, Democratic President.
Imagine a job interview where you walk in and the interviewer doesn't care about your qualifications and past record, but only what color you are and what your beliefs are concerning abortion.
I love the name.
Bad as that is, the actual sight of old Lizard Face, often prompts me to a take quick trip to the head, just in case the contents of my turning stomach decide to break free, one way or the other.
Chuckles Schumer, Constitution-hater extraordinaire, is so overshadowed by his JUNIOR Senator that he must say some stupid things once in a while to get noticed by the media. He is obviously so green with penis envy of Hitlery that his modus operandi will certainly be to make himself as obnoxious as possible so that he will get at least a little press.
I guess Clinton really did try to emulate his hero in more ways than the adultery.
Bar Hits Kennedy on Judges
1-Party Bench" Ignores GOP, Lawyer Says
Chicago, Feb. 20- President Kennedy was accused yesterday of naming too many Democrats to the federal bench.
The chairman of an American Bar Association committee expressed "disappointment" that of the 85 nominations for federal judgeships not one was a Republican.
Bernard G. Segal, head of the federal judiciary committee, told the association's house of delegates meeting here:
"When the President took office, the party affiliation of federal judges was just about evenly divided between Republicans and Democrats for the first time in more than a generation. Now, imbalance has once again set in."
Segal said his committee also was concerned because the 68 persons thus far confirmed for judgeships, seven received "not qualified" from the committee in reports to Atty. Gen. Robert F. Kennedy.
A few moments after Segal ended his talk, Byron L. White, deputy U.S. attorney general, made an unscheduled appearance and said the central question in choosing judges "is ability and not politics."
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