Stoned

By AndrewHyman Posted in Comments (9) / Email this page » / Leave a comment »

Howard Bashman has a roundup of reactions to John McCain's recent speech about judicial nominations, including a column in the Chicago Tribune by Geoffrey Stone. It's kind of difficult to fathom why Professor Stone takes the position he does.

Stone asserts that McCain is "ignorant" because McCain does not unquestioningly admire judges (like Justice Stevens) who were appointed by GOP presidents. But why is it smart to unquestioningly admire anyone? Stone also contends that McCain is "ignorant" because McCain believes that the actual intended meaning of the Constitution can require non-activist judges to strike down statutes. But why would Stone think that striking down a statute is always judicial activism? And, finally, Stone says that McCain "mocked" the lifetime tenure of federal judges when McCain said that some judges who are assured of lifetime employment show little regard for other governmental branches. McCain was obviously criticizing some judges' attitude, rather than criticizing the need for lifetime tenure. Since I've summarized the Stone column for you, feel free to now skip it.

http://www.detnews.com/apps/pbcs.dll/article?AID=/20080508/POLITICS/8050...

"Republicans on the Senate Judiciary Committee on Wednesday closely questioned the qualifications, driving record and tax-payment history of a Michigan judge nominated to the federal court of appeals that hears cases for Michigan and other Midwestern states.

Republican Sens. Arlen Specter of Pennsylvania and Sam Brownback of Kansas asked for a closed-door session to be held after the tense committee meeting.

The dramatic step -- rare for all but U.S. Supreme Court nominees to go over classified FBI background reports -- signaled potential trouble for a deal worked out last month between Michigan's senators and the Bush White House to clear the way for three Michigan judicial nominees. One of the nominations dates back to the Clinton era.

Advertisement
Democrats and Republicans swapped testy exchanges, revealing still bitter feelings from battles over federal court nominees.

After Wednesday's fireworks, it was unclear whether the three Michigan nominees will ultimately be approved by the U.S. Senate. No vote has been scheduled."

"Levin said he isn't sure they will be confirmed.

"The Senate is a complicated place," Levin said.

University of Richmond law professor and federal court expert Carl Tobias was surprised by the hearing's tenor.

"It's hard to imagine the Republicans will filibuster their own president's nominee," he said."

Reply To ThisUser Info#1 — Thu, 2008-05-08 07:10
Andrew by Damico

Thanks for the summary. It's always good practice to skip anything Professor Stone writes if you can.

Reply To ThisUser Info#2 — Thu, 2008-05-08 07:23

Does anyone know if Agee got a committee vote this morning at the SJC business meeting?

Reply To ThisUser Info#3 — Thu, 2008-05-08 12:10

Just called both the Democrat and Republican SJC lines. Both said that Agee was held over for a week.

Reply To ThisUser Info#4 — Thu, 2008-05-08 12:31
Ted Cruz by Damico

Interesting interview with Ted Cruz on his move from the Texas Solicitor General's office to private practice:

http://amlawdaily.typepad.com/amlawdaily/2008/05/morgan-lewis-sn.html

Reply To ThisUser Info#5 — Thu, 2008-05-08 12:53
Outsider by BoBo

Thanks for the info.

Reply To ThisUser Info#6 — Thu, 2008-05-08 14:59

What emerged during the White's closed door session that would cause Leahy to say that he is not sure that they [package of 3] will be confirmed? Perhaps Specter and Brownback have the goods on White that will torpedo her nomination and exposed it all privately.

Are there any Michigan attorneys out there or others who can fill us in? Were there any interesting reasons given when she got divorced from Levin's cousin? Maybe Levin has egg all over his face and the Repubs had good reason all along to hold up her nomination. Interesting. Very interesting.

Reply To ThisUser Info#7 — Thu, 2008-05-08 22:52

Kethledge and Murphy are probably holding their breath in horror over this stuff. Will their nominations be wrecked again so that the ten years old White Wars can be started up once yet one more time? I doubt it. This is a tired act, and would only give Levin an excuse to start up the idiotic Michigan judicial impasse once again, Let's drop it and (for once I agree with the phrase) move on. The rest of the country is sick of it!

Reply To ThisUser Info#8 — Thu, 2008-05-08 23:31

I think the Republicans have every intention of confirming White, but they are desperate to find some way to delay the confirmations of Kethledge and White until June. That way, they hope they can force Reid and Leahy to open the door to the confirmation of two other nominees like Keisler and Robert Conrad. I think, however, the White House may have just thrown a wrench into their plans with his nomination of Glen Conrad. It is going to be hard to convince the Dems and the American public that Robert Conrad or Steve Matthews need to be confirmed if the Dems have already pledged to confirm Agee and Glen Conrad.

Reply To ThisUser Info#9 — Thu, 2008-05-08 23:59


Click here to visit our sponsor SRC="http://ads.he.valueclick.net/cycle?host=hs0004665&t=std&b=indexpage&noscript=1;msizes=160x600,120x600;bso=listed">


 
Redstate Network Login:
(lost password? new user?)


About ConfirmThem

ConfirmThem.com is a collaborative weblog organized by RedState dedicated to providing not only the most up-to-date news and analysis of the judicial confirmation battles in the United States Senate - but also giving every American the opportunity to let their voice be heard in Washington. For info about our bloggers, see here.

Recent comments

©2006 Redstate, Inc. All rights reserved. Legal, Copyright, and Terms of Service