Open Thread
By AndrewHyman Posted in Open Threads — Comments (22) / Email this page » / Leave a comment »
Here's a funny panda video. Nothing much about judicial nominations to report right now.
http://www.senate.gov/legislative/LIS/executive_calendar/xcalv.pdf
Unfortunately, though, the Executive Calendar on the Senates's website has not been corrected yet. It still shows DeGiusti as awaiting a floor vote, and Southwick as not being out of committee.
Here is an interesting liberal rant saying that the L.A. Times is not appropriately chastising Feinstein's vote on Southwick. A commentator implies that the L.A. Times has become less interested in liberal expose since its acquisition by the Tribune Company.
Anyone know what is says?
"Gang May Reunite for Deal on Southwick": Roll Call today contains an article (paid subscription required) that begins, "As Republican Senators prepare for a possible September standoff with Democrats over their choice for the 5th U.S. Circuit Court of Appeals, the remaining members of the bipartisan 'Gang of 14' say they may have to come together to help referee the fight."
Posted at 08:54 AM by Howard Bashman
Anyone have any info re what's up with the VA 4th Circuit nominations?
Come on, Bush - Stephen Smith and John Douglass.
I don't particularly like the idea of the old Gang of 14 getting back together again. Basically they instituted an unfair one-for-one trade system (Estrada, Pickering, Kuhl, Myers, Saad and Boyle were ditched for Owen, JRB, Pryor, Griffin, McKeague, Griffin and Kavanaugh). IMHO, such a system could be very detrimental to most of Bush's current nominees. At this point, I don't see any reason why nominees liked Southwick, Keisler, Elrod, Conrad, Haynes or Tinder should be ditched for someone less "controversial". Kethledge, Murphy and Stone are dead anyway due to the blue-slip system, let's not create new reasons to kill others.
The earliest Bush can nominate any Virginia COA nominee is now September 4th. Since it will take until November to get ABA ratings, it seems impossible that any person nominated in September could get confirmed before January or February.
For what it's worth, Southwick was posted today on the Executive Calendar for September 4th posted on the Senate website, listed as being placed on the ExCal on Friday, August 3rd. I'd have been very uneasy if his nomination had remained in Committee during this recess; they might have tried a re-vote or some other dirty trick.
I suppose that technically the nomination still could be remanded back to the Committee. Didn't that happen to several nominations last year when the Senate recessed for over 30 days and Frist the bungler got buffaloed by the Dems? Length of this recess: 32 days. Oh oh. Does anyone with expertise on Senate rules have any ideas about this? I'm getting worried again: the Senate Dems are clearly capable of any trick.
Trust no one, especially Senate Democrats. Days elapsed since last CCA confirmation: 89
I think that had to be done while the Senate was in session.
Just prior to a recess of 30 days or more, a nomination can be sent back to the White House by the demand of just one senator. Actually, I think it is a good sign that no judicial nominations were sent back during this August recess. Last year during the August recess, I think the Boyle, Myers, Haynes, Smith and Wallace nominations were sent back.
Thanks for the useful info; I had forgotten that. One less thing to worry about at least. Hopefully Elrod will be voted promptly to the Floor when Senate reconvenes next month, without waiting for a final vote on Southwick. It will have been over 6 weeks since her hearing by then. The Senate GOP needs to push on this even while fighting aggressively for Southwick on the Floor.
Based on the fact that the Dem's have the majority we may need to agree to this to ensure that a handful of COA nominnes are confirmed in 08. As long as Southwick is part of any confirmation deal, I can live with it
What I can't live with, though, is a Gang of 14 deal that ditches Keisler. As he seems to be the most "controversial" nominee after Southwick, he would appear to be the next one most likley traded. I would prefer Keisler over Southwick any day. Keisler has much better credentials.
Unless it includes DiFi or Kohl, what good can it do on a consistent basis? We will still have to hope 1 of these 2 comes through for any given nominee.
She just voted for the FISA amendment act.
Link the full opinion, somebody?
http://i.timeinc.net/subs2/images/si/sistore/products/1998/0413_mid.jpg
Here is the link to the Batchelder opinion. At least we have a tiger to go with the pand now, though. :D
http://sportsillustrated.cnn.com/2007/more/08/07/bc.rac.horsenamingright...
will be on C-SPAN at 7pm central.
JRB joined a good opinion today about substantive due process.
http://pacer.cadc.uscourts.gov/docs/common/opinions/200708/04-5350c.pdf
They are down two Republicans, Chafee and DeWine and might lose Warner to retirement.
All of the Dems are there although one is Leiberman ... Pryor and Landrieu are up for re-election.
With the parties more even in number they don't need nearly as many Republicans to kill a filibuster, but really need more Democrats (at least untli we have a Democratic President).
Seems like this will only work out with 10 senators on each side. A gang of 20? Seems like more of a platoon than a gang.
Also, for this to have any meaning, it would likely need to a) include a couple of players on the SJC from both sides and b) an agreement to stretch at least to 2010 IF a Dem gets elected in 2008.
The "gang" may do whatever they want, but in this congress they don't have any power.
In the 109th congress the dems had the power to filibuster, the republicans had the power to trigger the nuclear option.
The gang took both powers away from the dems/republicans by their deal.
In this congress both powers (filibuster and nuclear option) are in the hands of the democrats.
Only thing they can do now is to create some goodwill amongst eachother, so the group stays alive and they may regain their power in a next congress.

The Thomas nomination database at the Senate website now reports that Leslie Southwick's nomination was reported to the Senate by Leahy and placed on the Executive Calendar (#291) on August 3rd. This is a relief, and eliminates at least one nightmare scenario that I now don't have to describe or worry about all month.