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Our
friends at the Committee for Justice keep
the judges issue on the forefront of our minds. Excerpt:
Has Judiciary Chairman Patrick Leahy no
shame when it comes to judicial nominees? We’ll find out in the coming months
by watching whether he continues to deny a committee vote to D.C. Circuit
nominee Peter Keisler, a former Assistant Attorney General at the Justice
Department. Never mind that Keisler was nominated to the D.C. Circuit two years
ago and testified to rave reviews at his Judiciary Committee hearing in August
2006. Sadly, we’ve become all too accustomed to such outrageous delays since
Senate Democrats announced plans to block judicial nominees for purely
ideological reasons back in 2001.
Read
the full
article here.
On
Tuesday, June 24 the Senate confirmed two of President Bush’s nominees to the
Sixth Circuit Court of Appeals. While
this is a step in the right direction, the Senate still has much work to do in
order to fulfill its constitutional duty to provide advice and consent for the
president’s judicial nominees. The
following is a statement from the White House:
Yesterday [June 24], the Senate confirmed
Raymond Kethledge and Helene White to the U.S. Court of Appeals for the Sixth
Circuit and Stephen Murphy to the U.S. District Court for the Eastern District
of Michigan. I appreciate the Senate's work on filling these important seats,
which had been declared judicial emergencies.
For the first time in my Administration,
the Sixth Circuit will now have a full court to address important issues facing
the residents of Kentucky, Michigan, Ohio, and Tennessee. Unfortunately, too
many other Federal judgeships across America remain vacant. This is
unacceptable and inexcusable. Since the beginning of the 110th Congress, the
Senate has confirmed only 10 circuit court nominees. In the last two years of
the past three Administrations, the Senate has confirmed an average of 17
circuit court judges. I strongly urge the Senate to hold hearings and votes on
the 28 pending circuit and district court nominations to ensure that our Nation
has a fully functioning judicial system.
Also,
AdvanceUSA has updated its judges graph to reflect this new information. As can be seen from this graph, the Senate
still has a ways to go in order to give proper treatment to the president’s
nominees (especially the highly qualified nominees who have been waiting the
longest).
Click here to view a
larger version.
Judge
Conrad has been waiting 338 days for his Congressional hearings since President
Bush first nominated him for the Fourth Circuit Court of Appeals. Several senators and organizations rallied in
support of Judge Conrad. The Gannett
News Service and Media
General report.
 The Republican Leader of the Senate is continuing delaying tactics on the Senate floor in order to force the majority leadership to fulfill their commitments on judicial nominees. Who sits on our federal benches is an issue which will impact our nation for decades. It is important that the president’s well-qualified judicial nominees receive fair hearings and fair up-or-down votes. Call both your senators today and urge them to put pressure on Senators Reid (D-NV) and Leahy (D-VT) to fulfill their commitments and follow their constitutional duty by treating President Bush’s judicial nominees fairly.
Here is Sen. McConnell in his own words:
…But comity also requires the Majority to treat the Minority fairly, which means, at a minimum, that the Majority needs to keep its commitments to the Minority.
If commitments in this Body are not kept, then comity breaks down, and if that occurs, the Minority will not routinely grant consent to those matters that it typically does. In this case, we have unfulfilled commitments with respect to treating circuit court nominees fairly.
It is the middle of June, and the Senate has only confirmed eight circuit court nominees. This is less than half the number that the Majority Leader and I agreed to. And it is barely half the number of circuit court nominees that a Republican Senate confirmed in President Clinton’s final Congress.
More troubling, the Chairman has threatened to soon stop confirming circuit court nominees altogether.
The Republican Conference does not consider this lack of progress and thinly-veiled threat to be in good faith. Not surprisingly, it is therefore not inclined to continue to freely give its consent to matters that are of importance to the Majority.
That’s the way things work around here. As I’ve said before, the Senate works best when there is a spirit of cooperation. Absent that spirit, the Minority will be compelled to protect its rights using all the protections that are afforded it in the Senate Rules.
There is any easy solution to this problem: the Majority needs to start confirming circuit court nominees, at least those who meet the Chairman’s own criteria. And it seems to me that before the Committee spends its time creating new vacancies, it needs to work on filling the vacancies that exist. Unfortunately, the Judiciary Committee is moving at a glacial pace to do so.
It has only held two circuit court hearings this year, and before that, it hadn’t held a single one since last September. And we have no indication that it’s going to pick up the pace. There are several outstanding nominees who have been sitting in the Committee who meet the Chairman’s criteria, and until they are treated fairly, the Majority will find our cooperation increasingly hard to come by.
AdvanceUSA applauds the courage and leadership displayed by Senate Republican Leader Mitch McConnell and others in holding Senate leadership accountable for their broken promises and lack of progress in giving the president’s judicial nominations hearings or fair up-or-down votes. Appointing judges to the bench who understand the limits of their authority and who will respect and uphold the Constitution is one of the most crucial issues facing our nation and we cannot allow partisan politics to distort the judicial nomination process. The Committee for Justice reports.
Sandy Froman also comments on the situation at Townhall.com and provides some helpful historical and constitutional perspective. Excerpt:
The Constitution gives the president the authority to nominate judges, and the Senate the power to confirm them. The Founding Fathers made it clear that the president’s appointment power was broad and the Senate’s role was limited. The Senate was only to ensure that the president’s nominee was a person of fit character. As Alexander Hamilton explained in The Federalist No. 76, the Senate should rarely withhold approval and only when there are extreme reasons, such as the nomination of an unqualified friend or family member.
For 200 years that was usually the way it worked. The Senate only denied confirmation if there were problems with a nominee’s education, experience, or integrity. Otherwise nominees were confirmed regardless of their political beliefs. That’s why conservative Antonin Scalia was confirmed to the Supreme Court 98-0, and liberal Ruth Bader Ginsburg was confirmed 96-3. They were top graduates from top law schools, with stellar careers as federal appellate judges and good character.
But things have gone badly astray...
AdvanceUSA certainly hopes so. It appears Senate Republican Leader Mitch
McConnell (R-KY) is fed up with broken promises by Majority Leader Harry Reid
(D-NV). In remarks on the Senate floor today
McConnell promised that Senate “Democrats
will not be allowed to shirk their commitments on judicial nominations.” Sen. McConnell demonstrated his seriousness
by objecting to a common Senate parliamentary procedure which allows senators
to propose amendments without having the entire text read on the floor. McConnell’s move forced the Senate clerk to
read the entire 491 page document and hopefully was just a foretaste of measure
which will be taken to force action on judges.
We
encourage Sen. McConnell to take whatever legitimate means are necessary to
force the U.S. Senate to fulfill its constitutional duty to provide advice and
consent to the president on crucial judicial nominations.
For
more information on judicial nominations click
here.
Fred
Thompson talks
about the recent ruling in California.
Excerpt:
So, more power to the people of California
in their uphill battle for an amendment to their state constitution. But the
real, long-term solution in the future for supporters of the rule of law is
ensuring the selection and election of good judges, judges who know their role
in a constitutional republic, in the first place, and holding them – and the
politicians who appoint and confirm them – accountable.
We
would also point out that the CA ruling illustrates the need for a Federal Marriage Protection
Amendment to permanently protect the traditional definition of marriage
from activist judges who would love to spread same-sex marriage from states
like California and Massachusetts to the rest of the country.
Yesterday, Steven Agee
was appointed to the
Fourth Circuit Court of Appeals.
President Bush issued a statement expressing his gratefulness for Agee’s
confirmation, but also firmly rebuking the Senate for its unprecedented
judicial obstruction. Here is an excerpt
from a White House press release:
Unfortunately, many of my other judicial
nominees have not received a timely confirmation process and their nominations
have been pending before the Senate Judiciary Committee for significantly
longer.
Since the beginning of the 110th Congress,
the Senate has only confirmed eight Circuit Court nominees. In the last two years of the past three
Administrations, the Senate has confirmed an average of 17 Circuit Court
judges. I encourage the Senate to
provide all judicial nominees with a swift and fair confirmation process.
The
confirmation of Steven Agee brings the total number of Circuit Court judges
appointed in the last two years of President Bush’s term to 8 which, as our appellate court judges
chart demonstrates (below), is far below the 15 President Clinton had
confirmed by a Senate controlled by an opposing party.
Click here to see a
larger image.
In
her piece at Townhall.com Sandy Froman reminds us of the important
of Supreme Court nominees in the upcoming presidential election. This is something we can’t be reminded of
enough. Excerpt:
The political “hot button” issues of guns
and judges have become intertwined in this election year. The fate of both
issues will be decided by the candidate we elect as president. Why? Because
over a four-year term, that president will likely appoint at least two and
possibly three justices to the United States Supreme Court. Simply stated, this
year when we elect a president, we will also cast our ballot for the next
Supreme Court.
As of yesterday, Judge Robert J. Conrad has waited 300 days to be confirmed by the Senate to the Fourth Circuit Court of Appeals. Conrad has the support of both North Carolina senators and has been unanimously rated “well qualified” by the American Bar Association (that organization’s highest rating). Despite his stated desire to respect the wishes of home-state senators and despite the dangerous judicial emergency on the fourth circuit due to judicial vacancies, Senator Patrick Leahy (D-VT), who is the chairman of the Senate Judiciary Committee, appears unwilling to give Judge Conrad a swift hearing.
Tony
Perkins, President of the Family Research Council, speaks out the important
issue of judicial nominations, asking the crucial question:
Will social policy in the USA continue to
be made by panels of unelected judges with lifetime tenure, or will we have a
judiciary governed by self-restraint and fidelity to the rule of law?
He
goes on to quote Alexander Hamilton, one of our greatest but most
underappreciated founding fathers, in the Federalist Papers where he explains
the proper role of the federal judiciary when he says it has “neither force nor
will, but merely judgment.”
We
thank Mr. Perkins for his helpful piece and hope it motivates the Senate to act
on President Bush’s waiting judicial nominees.
The New York Times reports that a deal could be in the works between the White House and Senate Democrats on the stalemate over appellate judges. It is unclear whether this deal would be beneficial over all. AdvanceUSA will be watching this important issue closely.
Peter Keisler, Steve Matthews, and Robert Conrad are excellent nominees who have been waiting far too long for up-or-down votes in the U.S. Senate. The Senate needs to do its constitutional duty and consider these nominees before the Memorial Day recess.
Our friends at the Committee for Justice have important information about the recent Senate agreement on judicial nominations. There is a strong danger that the good faith agreement recently struck will not be honored. If Chairman Leahy (D-VT), Majority Leader Reid (D-NV), the members of the Judiciary Committee, and both your senators don’t hear from you about this issue, we may not see three more crucial circuit court judges appointed by the Memorial Day recess.
CitizenLink also reports. Excerpt:
Senate Minority Leader Mitch McConnell, R-Ky., and Sen. Arlen Specter, R-Pa., ranking member of the Senate Judiciary Committee, have sent a second letter to Judiciary Chairman Patrick Leahy, D-Vt., urging him to confirm three Circuit Court nominations before the Memorial Day recess.
Peter Keisler has been waiting 660 days for a committee vote. Steve Matthews and Robert Conrad, nominees for the 4th Circuit, have been waiting months for their hearings.
“All three of these nominees deserve prompt consideration by the Committee and up-or-down votes by the full Senate,” McConnell and Specter wrote in the letter.
Leahy said two weeks ago he would “do everything possible” to confirm the nominees by Memorial Day, but no action has been taken. Specter said hearings for Matthews and Conrad must be held by May 6 if they are to be confirmed before the recess.
For an illustration of the lack of progress on judges check AdvanceUSA’s circuit court comparison chart.
 The Wall Street Journal has a piece today explaining the significance of which three judges the Senate decides to confirm before Memorial Day as part of Sen. Harry Reid’s good faith commitment to that effect. It is important that every effort be made to confirm three of President Bush’s strongest and longest delayed nominees in the time before Memorial Day, especially since these nominees would fill important and critically short-handed posts. Excerpts (emphasis ours):
Republican Arlen Specter has the right idea in requesting a discharge petition to confirm Peter Keisler on the D.C. Circuit, plus Robert Conrad and Steve Matthews on the Fourth Circuit Court of Appeals. Mr. Keisler, appointed to fill the seat vacated by Supreme Court Chief Justice John Roberts, is one of the most qualified nominees to the bench. He's done stints as acting Attorney General and head of the Justice Department's Civil Division. Messrs. Matthews and Conrad are both well qualified and would be assets on the Fourth Circuit, which hears many of the country's most important terrorism cases.
The problem is that Democrats would rather fill pending vacancies with candidates who are either their patronage choices or pass muster with liberal interest groups.
…
Democrats are already far behind the historical pace for judicial confirmations in the last two years of a President's term, even in years with an opposition Senate. A GOP Senate confirmed 15 appeals-court nominees in Bill Clinton's last Congress, and Democrats confirmed 17 in Ronald Reagan's last two years. The Harry Reid Democrats have confirmed only seven.
All of this deserves more political elevation this year, not least because it will affect the next President.
…
GOP Senators need to use their minority rights now to insist that Democrats honor their pledge by confirming three bona fide Bush nominees. Democrats are hoping to run out the clock on the Bush Presidency, and the GOP should use the leverage it has while Mr. Reid still wants to get things done. Republicans need to make judges an issue so voters understand that the stakes on the federal appellate courts, including the Supreme Court, couldn't be higher in 2008.
The blog ConfirmThem.com also weighs in.
Author
and National Review editor at large Jonah Goldberg uses the recent Supreme
Court opinion regarding the death penalty to highlight the brazenness
and danger of activist judges who totally disregard the plain meaning of
the Constitution and ignore the intent of its framers. Excerpt:
What is staggering, or at least should be,
is that Stevens freely admits that he no longer considers "objective
evidence" or even the plain text of the Constitution determinative of what
is or isn't constitutional: "I have relied on my own experience in
reaching the conclusion that the imposition of the death penalty" is
unconstitutional.
Justice Antonin Scalia, in a blistering
response, justifiably exclaimed that, "Purer expression cannot be found of
the principle of rule by judicial fiat."
Mr.
Goldberg continues by drawing our attention to the statements and promises the
major presidential candidates regarding the kind of judges they will appoint to
federal courts. He convincingly makes
the case that, when considering the future of the Supreme Court, “this is one
of the most important elections in a very long time.”
AdvanceUSA is encouraged to learn that a good faith deal has been struck in the Senate which would result in three more of the president’s circuit court nominees being confirmed before the Memorial Day recess. This appears to be an important step toward progress on the crucial issue of judicial appointments, and we hope this will result in the Senate achieving the historical precedent of 15-17 circuit court judges being confirmed in a president’s last two years in office.
Senate Republican Leader Mitch McConnell’s (R-KY) statement:
I was encouraged by the Majority Leader’s commitment to confirming three more circuit court nominees by Memorial Day. That will bring the total for the 110th Congress to 10, and it is a good step toward reaching the goal that we outlined at the beginning of this Congress of reaching the historical average.
Because of the Majority Leader’s good faith commitment, I’m confident that we’ll have these three additional nominees confirmed by Memorial Day.
Excerpt from Roll Call article (subscription):
Dangling the popular highway funding bill as his hostage, Senate Minority Leader Mitch McConnell (R-Ky.) struck a deal Tuesday night with Majority Leader Harry Reid (D-Nev.) to dislodge a handful of President Bush’s stalled appellate court nominees.
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