McCain should go a-courtin'; McConnell is glum

By Quin Posted in Comments (7) / Email this page » / Leave a comment »

Today at the Examiner I make the case that John McCain has a wide-open opportunity to use the judge issue to his advantage in the campaign.

(MORE, below; I don't know exactly where the break is, but please keep reading beyond the bit about McConnell and through the bit about the documentary Advise and Dissent.) Also, it is worth noting what I report high up in the column, but which has received almost no attention: Mitch McConnell predicted last Thursday, and repeated two more times, that not a single appeals court judge will be confirmed before year's end. Not in Pennsylvania, not the Virginia Conrad, and certainly not one of the three stated top GOP priorities of Keisler, the North Carolina Conrad or Matthews. This is terrible news. McCain can turn it around.

Finally, just a note that I was one of the five panel members (along with Curt, below, and Melanie Kirkpatrick of the WSJ, Chuck Donovan of the Family Research Council, and former Sen. DeWine) who were asked to discuss the movie Curt mentions below, Advise and Dissent, which focused on the fights over Roberts and Alito (and Miers). The film tries to be even-handed, but as I said while on the panel, it bothered me a little that between the lines it basically portrayed conservative stances on the courts as being motivated by religious zealotry, while usually portraying Ralph Neas et al as being in it due to their commitment to civil rights, etc. (MORE)

It occurs to me that it will take a presidential candidate like McCain to raise the issue in such a way as to counteract that impression....

Bobo... by BillM

...did you miss this one, or did I miss you not missing it? :)

http://origin.sltrib.com/ci_10419814

STEVENS, J., filed a dissenting opinion, in which SCALIA, J., joined.

Reply To ThisUser Info#1 — Tue, 2008-09-09 15:35
Two more nominations by Nomination Observer

2d Circuit, and a nominee for the Western District of my home state.

http://www.whitehouse.gov/news/releases/2008/09/20080909-8.html

While I assume both are too late, it is still good if nothing else to have the talking points about how many nominees are ignored at the end of Bush's term. However, I somehow suspect that the Republicans won't manage to get as obnoxiously and continually whiney about it as Leahy still manages to get on the few of Clinton's left overs.

Reply To ThisUser Info#2 — Tue, 2008-09-09 15:52
Mac Davis by Nomination Observer

Is a really, good, respected pick for the Western District Wisconsin seat. He's an incumbent state judge, with Republican ties.

Wisconsin uses recommendation commissions, and Davis was on the commission's list. Kohl and Feingold, our two Dem senators who are both on the SJC, have pledged to support nominees coming out of that process. Sadly, this has probably come way too late. The nomination for the Eastern District vacancy was made about two months ago, and that doesn't seem to be going anywhere either.

It's a double shame in that I understand that the Western District is essentially functioning with only one judge, even though the retiring judge isn't leaving until his successor is confirmed.

Reply To ThisUser Info#3 — Tue, 2008-09-09 15:59
BillM by BoBo

No, I haven't seen your article before. I wonder why Leahy is treating Hatch and Specter so differently in their selection of judges. Leahy and Hatch appear to be such enemies. After all, it was Hatch who "obstructed" all those Clinton nominees. Specter on the other hand is rumored to be much closer to Leahy personally and ideologically. Yet Hatch is the one getting his protege, Waddoups, confirmed, while Specter's choice of Diamond and Short is being snubbed.

Reply To ThisUser Info#4 — Tue, 2008-09-09 16:44
Loretta Preska by BoBo

Although action will not be taken on it, Preska's nomination to the Second Circuit is a good one. Earlier, Jan Crawford Greenburg mentioned her as a new addition to Bush's SCOTUS shortlist. Up to this point, Bush has worked closely with Schumer and Clinton to get New York judicial nominees confirmed. I guess with nothing left to lose, Bush decided to ditch that strategy and go for an in-your-face anti-Chuckie, anti-Hillary nominee.

Reply To ThisUser Info#5 — Tue, 2008-09-09 16:50

http://judiciary.senate.gov/hearings/testimony.cfm?id=3537&wit_id=2629

"Partisan Republican critics ignore the progress we have made on judicial vacancies. They also ignore the crisis that they had created by not considering circuit nominees in 1996, 1997 and 1998. They ignore the fact that they refused to confirm a single circuit nominee during the entire 1996 session. They ignore the fact that they returned 17 circuit court nominees without action to the White House in 2000. They ignore the public criticism of Chief Justice Rehnquist to their actions during those years. They ignore the fact that they were responsible for more than doubling circuit court vacancies during their pocket filibusters of moderate and qualified Clinton nominees or that we have reduced those circuit court vacancies by more than two thirds.

I have yet to hear praise from a single Republican for our work in lowering vacancies. I also have yet to hear in the Republican talking points any explanation for their actions during the congressional session in the 1996 presidential election year, when the Republican Senate majority refused to allow the Senate to confirm even one circuit court judge. I have yet to hear explanations for why they did not proceed with the nominations of Bonnie Campbell, Allen Snyder and so many others.

There are currently 10 judicial vacancies without a nominee, even though the White House has in the last weeks rushed forward with a number of new nominations on which the paperwork has yet even to be completed. Eleven judicial nominations had yet to be reviewed by the ABA when we noticed the hearing on September 2nd. Currently eighteen do not have blue slips or support from both their home state Senators. No nominations received after June 6 were confirmed when the Republicans were in charge in 1996. Following that standard would eliminate 18 recent nominees, more than half of all those pending."

Reply To ThisUser Info#6 — Tue, 2008-09-09 17:01

http://www.rockymountainnews.com/news/2008/sep/09/senators-praise-judici...

"Tuesday's hearing was the last scheduled before the Senate is expected to adjourn later this month. Both senators said they are hopeful Arguello and Brimmer will be confirmed before the end of the term."

Reply To ThisUser Info#7 — Tue, 2008-09-09 17:24


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