Reid Blames GOP for Failure to Meet His Promise
By Quin Posted in Circuit Courts — Comments (17) / Email this page » / Leave a comment »
Of course this is disingenuous as hell, but it is exactly what I predicted from the very start. If the GOP doesn't "shut down the Senate" over this, they have no spines. Personally, I think the best time to "shut down the Senate" would be either right after Agee gets confirmed, or else AFTER Bush vetoes the Farm Bill, with the shutdown making it impossible for the Senate to override the farm bill in time. But I digress. Here's Reid's statement:
REID: DEMOCRATS REMAIN COMMITTED TO CONFIRMING THREE JUDGES BEFORE RECESS
Washington, DC—Senate Majority Leader Harry Reid made the following statement today on the floor of the U.S. Senate regarding nominations to the federal bench. Below are his remarks as prepared for delivery:
“Tomorrow I expect the Senate will consider the nomination of Steven Agee to a Virginia seat on the Fourth Circuit Court of Appeals. Judge Agee is currently a member of the Virginia Supreme Court. His nomination to the federal bench is supported by both Senators Warner and Webb, and I am confident that he will be confirmed overwhelmingly. (MORE)
“Several weeks ago, I pledged my best efforts to have the Senate consider three circuit court nominations prior to the Memorial Day recess. I explicitly said at the time that ‘I cannot guarantee’ three confirmations because that outcome would depend on factors beyond my control. Still, Senator Leahy and I have worked hard to move three appellate nominees this month. Judge Agee is one of the three. The next two nominees in line are Sixth Circuit nominees Raymond Kethledge and Helene White of Michigan.
“These nominees are the product of an agreement between the White House and Senators Levin and Stabenow. It took many years to work out this agreement, but now we have a chance to fill the vacancies on that circuit. Senator Leahy expedited consideration of the Michigan nominees in light of my pledge. Unfortunately, Republican Senators on the Judiciary Committee have delayed consideration of Judge White. They badgered her at her confirmation hearing, and then followed up by asking a total of 73 separate written questions, including some that will be particularly time-consuming.
“Every Senator has the right to ask questions of a nominee, but the number and nature of the questions posed to Judge White suggest that Republicans intend to delay that nomination. In addition, Republicans have insisted that the nomination not move forward until Judge White’s ABA review is complete. Again, that is their right, but in this case it is ironic they would make that request since she was rated qualified by the ABA 10 years ago when Republicans blocked her nomination from moving forward. Since that time she has been a sitting state court judge.
“It is still possible the Senate will consider these two Michigan nominees before the recess. But if that does not happen, it will be despite my best efforts. It will be because of delaying tactics on the other side of the aisle.
“Republicans apparently preferred that Chairman Leahy consider other nominees before the Michigan nominees. But nothing in my pledge regarding judicial nominations deprived Chairman Leahy of his prerogative to determine the sequence of nomination hearings in his committee.
“No one presumed to instruct Senator Specter about the sequence of nominations during the years he served as Chairman of the Judiciary Committee. And certainly Senator Hatch exercised the Chairman’s prerogatives freely during the years in which more than 60 of President Clinton’s nominees were denied hearings or floor consideration.
“Chairman Leahy and I will continue to process judicial nominations in due course, consistent with the Senate’s constitutional role. Consideration of Judge Agee’s nomination tomorrow is consistent with that goal.”
Hussein Obama's rant is the typical hyper-liberal endorsement of lawless judicial activism supposedly based on "feelings" and "fairness". But then, who are we to argue with the Annointed One? If we oppose the New Messiah, the Kool Aid legions will brand us with heresy.
I for one am not intimidated by this leftist stalinist claptrap. Many people are getting fed up with Obama's arrogant and empty tripe. This man (not deity after all) is going down big-time in November.
http://thehill.com/leading-the-news/reid-gives-no-guarantees-on-judicial...
"Senate Majority Leader Harry Reid (D-Nev.) gave no assurances Monday that three appeals court judges would be confirmed before Memorial Day."
"The Senate will vote Tuesday on the nomination of Steven Agee to a Virginia seat on the U.S. Court of Appeals for the Fourth Circuit, and Reid held out the possibility that Raymond Kethledge and Helene White would be confirmed for Michigan’s seats on the U.S. Court of Appeals for the Sixth Circuit."
"But he said that if the Michigan nominees do not get confirmed, it would be “beyond my control.”"
“It is still possible the Senate will consider these two Michigan nominees before the recess,” Reid said on the floor. “But if that does not happen, it will be despite my best efforts. It will be because of delaying tactics on the other side of the aisle.”
"Reid said Republicans were employing stalling tactics to derail White’s nomination by demanding she respond to intrusive and complex written questions. Republicans, however, reject that contention and argue that Democrats have gone to lengths to run out the clock on President Bush so they won’t have to confirm any more of his judges to lifetime seats."
"Republicans have complained that Democrats are on pace to confirm far fewer appeals court nominees in Bush’s final two years in office than the GOP-controlled Senate confirmed in President Clinton’s final two years. The GOP has held up legislation to voice its concerns over an issue that galvanizes its base. In response, Reid has said that he would try to hold confirmation votes on three Bush nominees before the end of this week."
It would be a mistake to threaten Kethledge's nomination over White. The Reps should let them through and then fight like hell over Keisler, R. Conrad, and Matthews.
You're mostly right. Pocket Agee, Kethledge and White(?) before the Memorial Day recess. Then in June go all-out for Pratter, Keisler, G. Conrad, and try for the long-shot R. Conrad (NC). If at least 3 of those 4 could be confirmed, it would be a wonderful and miraculous achievement. Matthews is clearly impossible.
I agree. In blocking White, the Republicans are also blocking Kethledge. The Dems will never allow him to be confirmed independent of White. It is possible that the Senate Republicans have every intention of confirming White but are just trying to delay her confirmation. There would be two reasons for this, one strategic and one cosmetic.
Strategically, I'm sure they are hoping that they can force the Dems to confirm two more conservative nominees in place of Kethledge and White before the Memorial Day break. Personally, I can't see this strategy as working.
Cosmetically, the Republicans may just want to force the Democrats into a lie in order to highlight their partisan obstructionism. After all, if the Dems really wanted to keep their pledge, regardless of liberal White, they would confirm Keisler, R. Conrad or Matthews without hesitation before the break. The fact that they are demanding that Kethledge and White be included in the deal proves that all they are really interested in are liberal judges.
"Ordered, That on Tuesday, May 20, 2008 at 12 noon, the Senate proceed to executive session to consider the
following nominations; with the debate time equally divided and controlled between the Chairman and the Ranking
Member of the Committee on the Judiciary or their designees, until 12:30 p.m.:
Michael G. McGinn, of MN, to be United States Marshal for the District of Minnesota;
Ralph E. Martinez, of FL, to be a Member of the Foreign Claims Settlement Commission of the United
States;
and
G. Steven Agee, of VA, to be United States Circuit Judge for the Fourth Circuit.
Ordered further, That the nominees be debated concurrently; and at 2:15 p.m., there be 15 additional minutes equally divided and controlled between the Senators from Virginia (Mr. Webb and Mr. Warner) or their designees; that at 2:30 p.m., the Senate proceed to vote on confirmation of the nomination of G. Steven Agee, that upon confirmation of the Agee nomination, the nominations of Michael G. McGinn and Ralph E Martinez be confirmed by consent, and the motion to reconsider be laid upon the table; that the President be immediately."
notified of the Senate's action; no further motions be in order; and the Senate then resume legislative session.
is that he is 11-12 years younger. But I fail to see how anyone beyond these three will get in. Leahy will kill all the rest and blame the GOP and Bush for obstruction.
I also think that Glen Conrad has a good chance of being confirmed. The problem will be with Keisler, Robert Conrad and Matthews. I think McConnell will have to file discharge petitions on those three to get them confirmed. The others - Stone, Pratter, Rosenstein, Smith - IMHO are dead because their fates are controlled by Dem senators. The Republicans would be foolish to force their confirmations because that would set a bad precedent if a Dem was elected president later this year.
If both Kethledge and White are confirmed then there will be a 9-7 Republican hold on the 6th Circuit. The new judiciary act will add two more seats in 2009. If the Dems fill those two seats, the circuit will be equally split 9-9. However, if those two seats are left for a Dem president to fill in 2009, and two new seats are added, that means the Dems will control the 6th Circuit 8-10.
Will the pending District Judges on the Calendar, two MO and one VA, also be confirmed this week?
Yadda Yadda Yadda----Spector and the rest of these gutless pieces of excrement will do NOTHING as usual. What a disgraceful joke.
I though that the ABA was going to hand down its ratings for the Michigan trio today. Did anyone hear any news on this topic?
While the inclusion on the list of Agee is a good sign and Martinez is the brother of a Senator, why on earth would a U. S. Marshall Michael McGinn from MN be included with these two? Have you ever seen a U. S. Marshall on a UC Agreement? Is he someone we should know such as the first husband of the cousin in law of Sen. Levin?
I am afraid that this does not bode well for the 3 DC judges. They could have been added to this list, but were omitted. This is an ominous sign of things to come.
McGinn was a state legislator in Minnesota. Not sure what it means for the District judges. Perhaps they are being held as reserve to make sure the GOP comes through on White.

Senator Specter has been railing about Senator Reid's remarks -- probably a good 25-30 minutes worth of railing, underway but winding down as I type. Pehaps, after venting, he'll calm down enough to permit Senate business to carry on "as normal" (if there is such a thing as "normal" in the Senate).