6th Circuit Deal
By Curt Levey Posted in Circuit Courts — Comments (5) / Email this page » / Leave a comment »
The White House just announced that Helene White—a Democrat and ex-cousin-in-law of Sen. Carl Levin—will be substituted for Steve Murphy as a 6th Cir. nominee, with Murphy now being nominated to the Eastern District of Michigan. Ray Kethledge remains as the second 6th Cir. nominee from Michigan.
This is an okay deal given that 1) the best we can hope for from the election is a Republican president with an increased Democratic majority in the Senate, and 2) now even a Democratic president won't be able to wipe out the Republican majority on the 6th Circuit anytime soon. As an added benefit, there will finally be an end to Sen. Levin's ten-plus years of complaining about Helene White's failed nomination to the 6th Circuit during the Clinton Administration.
However, it is important that Senate Democrats not be allowed to claim that a hearing or vote on Helene White represents progress on judges—that is, use her as an excuse not to move some other circuit nominee. Her nomination and inevitable confirmation is a gift from the President to the Democrats, not the other way around.
Speaking of judges, let's hope for a speedy recovery by Sen. Arlen Specter, one of the GOP’s leading voices on the judges issue.
The press release states that Sen. Specter has been diagnosed with an early recurrence of Hodgkin’s disease. It goes on to say: "It is expected that Senator Specter will continue to perform all the duties of his office as well as his activities associated with his candidacy for re-election."
Specter isn't up for re-election this year (he's up again in 2010). Makes me wonder if this was recycled from a a previous press release when he was up in 2004.
Had to be done
by Mose
Sen. Levin wasn't going to give. If McCain wins this year, Sen. Levin, with a bigger majority at his back, would have certainly continued to hold out. If a democrat is elected, the dems would get to fill both seats. This way, at least President Bush gets to fill one of the Court of Appeals seats (plus the district court seat, which has been vacant since 2000). Murphy is only 45 - he still has a shot at elevation down the road.
Plus, this finally resolves a long-standing grievance on the part of Democrats, one that is not entirely unjustified. Judge White's original nomination lapsed after 4+ years without a hearing - and this fact got brought up every time the GOP tried to focus on the obstruction of Democrats. Making this deal will lower the temperature on judicial nominations, and if McCain wins may yeild some additional dividends down the road.
One thing - I hope as part of the deal they agreed to count Judge Gregory and Judge White as Clinton picks - - meaning Clinton got 18 Circuit judges confirmed in his final two years. Every time Gregory gets counted as a Bush pick it sets my teeth on edge.
White gets a vote after all the ones who were nominated before her. Seems FAIR right?
Decent deal, should have happened long ago
by Robert1
Myself and many others here have talked up this deal for a year, and finally the WH wakes up. Better late than never, but we'd have a lot more confirmations right now if better planning had taken place in 06/07.
Here's a link to the White House announcement:
http://www.whitehouse.gov/news/releases/2008/04/20080415-3.html