Keisler Stuck
By Dave II Posted in Circuit Courts — Comments (9) / Email this page » / Leave a comment »
In a staggering display of incomprehension of just how to save their majority in November, the Republicans running the Senate Judiciary Committee failed to advance any Circuit Court nominees to the Senate floor today, including the highly-regarded Peter Keisler.
According to our commenter, Mose, the eight district court nominees on the agenda were moved out on voice vote, but none of the Circuit Court judges (obviously per some private agreement among the Senators) were even discussed.
If Bush had not renominated Boyle, Myers, Haynes, Smith and Wallace when their names were sent back to the White House, we would be seeing a lot more COA confirmations now. By renominating The Fatal Five, Bush poisoned the well for everyone else. Smith would be confirmed now if Myers had been dumped. Keisler would be confirmed now if he hadn't been associated with The Fatal Five. If The Fatal Five hadn't been around to filibuster, the Democrats would have been a lot more reticent on filibustering Keisler. And what about Livingston, Murphy and Kethledge? They were denied hearings and confirmation votes because the SJC Republicans became so wound up in a tizzy about The Fatal Five they even began missing executive meetings.
I for one am pretty disappointed at your constant bashing of five outstanding and well credentialed nominees.
It is unfortunate that you will so quickly abandon solidly conservative nominees whose only fault is that they are- conservative. I would expect that the shabby treatment recently experienced by Keisler would make you understand that they’re all going to have the same tenuous nomination process. Democrats will assure that from here on out any conservative nominee is controversial, whether they are truly or not. And the Republican senators are more than willing to adhere to the blocking of- conservatives.
You need to remember that this is a fight about principal. I hope that Bush doesn’t back down and makes the Senators work (by voting and even showing up for meetings) by re-nominating Boyle, Wallace, Haynes, Myers, Smith and Keisler to the posts that they rightly deserve not only in my eyes but in his.
I think that "poison the well" as an excuse is juvenile. Each candidate rises or falls on his own merits. That's how adults operate. GWB is giving the party an opportunity to make the point on principle, nominees deserve a vote, up or down - and he's willing to take the thumbs down.
I don't disagree with the proposition that the Democrats act in a juvenile fashion; but perhaps the object is to "get the most judges confirmed," rather, it is to get the balance between number and quality.
Not that people will see it, but the GOP is afraid of the filibuster, and we now have a de-facto 60 vote hurdle for nominees. Let's hope the Senate doesn't up the cloture hurdle to 2/3rds.
"I for one am pretty disappointed at your constant bashing of five outstanding and well credentialed nominees."
In asking Bush to withdraw Boyle, Myers, Haynes, Smith and Wallace, I am not questioning the professional credentials of any of them. In fact, I have been quite impressed by several of them. Haynes did a much better job in presenting himself during his second hearing than Kavanaugh did in his, and Michael Wallace was masterful in his confirmation performance. I would like to see both confirmed, but it ain't going to happen. On a practical level, the continued nominations of The Fatal Five will only serve to harm other, more noncontroversial nominees. Don't believe me? Just look at how an association with The Fatal Five ruined Keisler's chances for the moment. Ideological principle is good until it begins to actively harm.
In an idealistic world, I agree with you that a nominee should rise or fall based on his own merits, but we don't live in such a world. The Senate is full of deceitful, self-centered, self-promoting egotists. Senators have agendas that have nothing to do with principle. They most certainly bargain and trade votes. Nominees can get stuck by being associated certain events or with other people. Guilt by association is constantly happening in the Senate. Keisler was greatly harmed by being pressed at the same time as The Fatal Five. The Fatal Five should've been dropped, and only the new nominees (Keisler, Livingston, Jordan, Murphy and Kethledge) should've been considered in September.
I don't think you got my point, but I remember approximately a year ago Boyle wasn't considered controversial, some pundits even believed he would be confirmed by a voice vote.
Anyway, the closer the margins get(got) the less likely you will see (saw) any truly conservative nominee be deemed non-controversial. The same thing that happened with Boyle is happening now with Keisler.
It should be incumbent of the majority party to get these conservative nominees hearings and votes as fast as possible. When a conservative nominee is left dangling, people for the American way et al. have more time to craft clever messaging for the Democrats. As we have seen our messaging and stomachs are just not as strong as our rivals.
Bush's nominees should all be renominated. And calling a group fatal plays right into the hands of our spineless Senators by giving them execuses not to do the right thing.
What a short memory we have. Boyle has been considered radioactive since he was first nominated in 2001. He has always been on the Democrat hit list from Day 1. First, he was delayed because of his percieved racism. Then he was delayed because of his supposedly high reversal rate. Finally came the coup-de-grace, the Salon.com article about his recusal problem. At absolutely no time in the past has Boyle ever been considered noncontroversial and on the verge of confirmation. He has never had enough support to break a filibuster. If he had, don't you think Frist (and, before him, Lott) would've gotten him confirmed before now?
Because it wouldn't provide cover for RINOS and the gang deal. If push came to shove they would have had to vote for Boyle, but since Frist was so "gentlemenly" he chose not to pick a fight -just like with Keisler, just like the nuclear option.
Sorry BoBo you are also dead wrong on the numbers and your premises of inaction on Boyle. What hurts(ed) Boyle is (was) the departure of a strong Senatorial advocate and a Democratic Senator named John Edwards more than any of the ridiculous spin from the left.

How can these guys not get it?
Is it just arrogance?