ConfirmThem

http://blogs.wsj.com/law/2007/11/19/fourth-circuit-nominee-getchell-sued...

"In September, President Bush nominated Richmond lawyer E. Duncan Getchell Jr. for a seat on the Fourth Circuit. Last week, Getchell was sued for defamation by Christopher Spencer, another Richmond lawyer. Getchell’s at McGuireWoods; Spencer’s at O’Hagan Spencer.

In the defamation lawsuit, Spencer alleges that Getchell and a law partner, William Allcott, made a costly error in the 2005 appeal of an $8.3 million personal-injury verdict and then publicly shifted the blame for the error to Spencer in order to save his judicial nomination. Here’s the complaint, and Virginian-Pilot story on the defamation suit."

Bush needs to drop Getchell ASAP before the ABA can do a hatchet job on him with a NQ rating. We don't need Leahy spending all next year talking about the poor ethics of Bush nominees. The more confusion there is next year, the less likely even noncontroversial nominees like Haynes and Pratter will get through. Hopefully, Bush learned a lesson with Boyle: don't wait until the last minute to withdraw a dead nominee.

http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/11/19/MNDUTAVKA...

"The senator's spokesman, Scott Gerber, said Feinstein approaches each nomination on a case-by-case basis, without preconceptions. That's to her credit, said Pepperdine's Kmiec.

Feinstein does her homework, accepts qualified nominees with whom she has disagreements and exemplifies the Senate's self-proclaimed role as a "deliberative body in a democracy," Kmiec said.

Richmond's Tobias offered a more strategic assessment of Feinstein's recent votes, saying she appears to be looking ahead to a Democratic presidency.

"She's making a bet that if she works with Republicans now, they'll work with Democrats later," he said. "We'll see.""

I only recognized three names on the list Viet Dinh, Liz Cheney, and Rachel Brand.

Dinh, of course, is a home run.

Oz

Read my most recent story, "Immigration may be Hillary's undoing" on First Cut Politics

Agreed. Withdraw Getchell and nominate John Douglass and Steven Agee from the Warner/Webb list. Both are solid conservatives who will be confirmed. This fight for Getchell is NOT worth it.

http://www.baltimoresun.com/news/opinion/editorial/bal-ed.judge18nov18,0...

"Given their history, President Bush's nomination of U.S. Attorney Rod J. Rosenstein to the long-vacant Maryland seat on the 4th U.S. Circuit Court of Appeals seems primarily intended as a poke in the eye to Maryland's two senators."

"At the twilight of the Bush administration, partisan politics are, of course, playing a role. Perhaps the two Democratic senators would prefer to wait until a new president takes office in hopes that the lifetime seat on the Circuit Court would go to someone more in tune with their political philosophies. But they did signal to Mr. Bush that they could be supportive of any Republican judge now serving on Maryland's U.S. District Court.

For his part, President Bush nominated Mr. Rosenstein in the certain knowledge that the Marylanders would use their "blue slip" power to block it, as they did on the two previous nominations to the seat last held by Francis D. Murnaghan Jr., a Baltimore lawyer who died in 2000."

"By thwarting the Maryland senators in their bid to agree on a consensus candidate in advance, the president has done no favor to Mr. Rosenstein. The U.S. attorney for Maryland just scored a big victory in his prosecution of former state Sen. Thomas L. Bromwell. He deserves better than to be used as a political pawn."

"By thwarting the Maryland senators in their bid to agree on a consensus candidate in advance, the president has done no favor to Mr. Rosenstein."

Really?? Isn't it the amoral, despicable Dem senators who have done no favor to Rosenstein, by prejudging and precluding him for no good reason?

They're scum, the whole lot of them. We need to start acting accordingly if we're going to preserve what's left of our republic.

All four District nominees were voted favorably at the SJC meeting last Thursday. The reason that Schroeder and LaPlante are still listed as being in Committee is simple: they are still in Committee. The reason is fairly clear: That odious weasel Leahy is up to the new tricks he started with Southwick in August. He's delaying reporting some nominees who've been voted out favorably. So it is that LaPlante and Schroeder remain in Committee. Traditionally they've been reported the same day.

There seems to be no real reason for doing so, since these nominees are uncontroversial as far as I know. Except, of coure, that it's a slimy thing to do and Leahy is a slimy snake at heart. So he's being true to his essentially sleazy nature.

I've actually grown more skeptical about Viet Dinh as a potential Supreme Court justice. I prefer Jim Chen be the first Asian-American Supreme Court Justice, I think. Some of his positions lately have caused me to become afraid that he might become more like a slightly more principled version of Sandra Day O'Connor - the justice he clerked for.

I was surprised to never read a disparaging word about him here.

At least until the previous post.

Oh, and the other reason Leahy did it: delay for the sake of delay is the game of the day.

Don't forget Dinh also supports the blatantly unconstitutional Hatch/Eleanor Holmes Norton deal to give D.C. voting rights in the House.

http://www.washingtonpost.com/wp-dyn/content/article/2007/09/11/AR200709...

"Critics who warn of the specter of Senate representation for the District have not read this bill. It grants the District only a House seat and states that this bill may not be used "for purposes of representation in the United States Senate." Critics have also raised the constitutional concern that the District is not a state. Article I of the Constitution says that the House of Representatives shall be composed of members elected by the people of "the several states."

However, Georgetown law professor Viet Dinh, President Bush's assistant attorney general for constitutional issues in his first term, detailed the many ways the Supreme Court has approved congressional action equating the District to a state for constitutional purposes. Whether "commerce among the states," federal lawsuits between "citizens of different states," "direct taxes . . . apportioned among the several states" and more, the court has ruled that the word "states" in various constitutional provisions includes our capital city."

http://www.law.com/jsp/article.jsp?id=1195466653641

"Getchell's nomination has been troubled since the day it was made," said Carl Tobias, University of Richmond School of Law professor who follows the 4th Circuit. "The rest of this is almost irrelevant," he said.

Getchell's troubles relate more to the objection of Virginia Senators, John Warner, a Republican, and Jim Webb, a Democrat. The two provided the White House with an agreed list of five acceptable candidates. Getchell was not among them.

"Webb and Warner had a democratic process and agreed on these consensus nominees and Bush stuck a finger in their eye," Tobias said.

President Bush has again chosen to ignore the requests of local senators covering the 4th Circuit in his latest round of nominations sent to the Senate on Nov. 15.

Bush included Rod J. Rosenstein of Maryland as a nominee to the 4th Circuit.

Rosenstein, the U.S. Attorney in Maryland, did not enjoy the backing of the two Democratic senators in Maryland, Barbara A. Mikulski and Benjamin L. Cardin. They issued a statement Friday expressing their disappointment."

Does anyone have any comments on Bush's current policy of nominating people to the Fourth Circuit? Is it good or bad? Is it principled or just poor planning?

I think its been fine, though the Getchell pick was ill-advised and Bush could have made a pick or two a bit quicker (rememebr though that there were only 2 real vacancies (not counting Widener) until last year, and 3 until this summer, and they had nominees). the stunningly partisan BS of the Dems especially on this circuit combined with the quick succession of additional vacancies makes it look worse than it really was. but it is incumbent on them to process nominees for this circuit now that it is crisis.

the "and they had nominees" in the parenthetical goes with the 2 vacancies, not the 3 that immediately precedes it. the 3 (post Luttig resignation) is where things could have been sped up a bit more than they were. I emphatically believe sticking by Boyle and Haynes was the right decision, but once forced to give in, replacement nominations should have been made sooner.

No Bush nominee to the Maryland 4th Circuit has the remotest chance of being confirmed, especially at this late date. What on earth does one think was the purpose of 7 years of Sarbanes-Mikulski-Cardin obstruction?? To meekly give in and confirm someone at the very end of the game? I think not. Bush might as well nominate a Rosenstein who has no chance, because the truth is that no nominee has any chance unless he/she is the equivalent of ultra-leftist Motz.

Let's not fall prey to Democrat rope-a-dope here about being "disappointed", people. This is nothing but political posturing by the Democrat hacks, and is not to be taken seriously. The Maryland seat is impossible. Period.

agree completely. Rosenstein is a great nominee for the MD seat. no, he won't be confirmed, but he puts pressure on the Dems, now with 4 4th circuit nominees, to start confirming some of them.

Sorry, but I must differ on this one. As far as I and numerous others have been concerned, the 4th Circuit has been a problem and a developing crisis since the Democrats began successfully obstructing and filibustering Boyle and Haynes (and Allen) in 2003-04. It was evident to me even then that something insidious was going on, because of the strange pattern of opposition to all 4th Circuit nominees.

The next SC nomination should be interesting.

The Supreme Court's Wrong Turn -- And How to Fix It

After posing as moderates in their confirmation hearings, Justices Roberts and Alito have moved the Court radically to the right. Henceforth, we should compel nominees to state how they would have ruled on specific cases, and why.

Don't worry, Kennedy will change his tune as soon as it is time to confirm a Democrat nominee. Do you really think Kennedy wants SJC Republicans questioning Sonia Sotomayor, Elena Kagan or Diane Wood about Roe and abortion? Remember when Biden actually praised Ginsburg's refusal to answer questions about specific cases?

All talk of requiring prior consultation and having consensus picks and filibustering judicial nominees and such will go out the window with the next Democrat President. It'll be time to follow the Constitution again at that point.

Anthony Kovalchick Senior

Where’s the Love??? Fumo has stated that he love’s Dick [Sprague] and
Dick [Sprague] Love’s him. So why would he fire Sprague at such a crucial
Time, with longtime friend, and don’t forget about the Laundry Service that Dick {Sprague} has provided for Fumo. Maybe Fumo has read thefixersprague.com and thought to himself you may be indicted next for all of your criminal activities, or maybe Fumo made a deal with the U.S. Attorneys office to give up DICK?

Whatever the case may be I still Hope and Pray everyday, that I will get Justice
For my late wife Helen Kovalchick, who was a Victim of Crime at the hands of
Dick [Sprague] and Robert J. Rosenstein, Father of Rod J. Rosenstein, U. S. Attorney
Of Maryland. The Fraud R/S Financial Corporation, which Robert J. Rosenstein
Is President of; never had a Banking license in Pennsylvania. But why would you
Need one to be money laundering and racketeering, when your son is a U.S. Attorney
You can cover it all up. Its ironic, Rod J. Rosenstein prosecutes criminals just
Like his Father everyday.

I guess the F.B.I is to busy investigating Fumo to go back and dig up their investigation
Against the R/S Financial Corporation of Philadelphia, this was dropped after
Rod J. Rosenstein got into Political office.

Please reconsider when voting for Rod J. Rosenstein for Circuit Court position or any other position, When Rod J. Rosenstein got into the tax claim bureau all investigations stopped. He covered up all the crimes his Father perpetrated. In this case, the apple doesn’t fall far from the tree. Robert J. Rosenstein killed my wife Helen Kovalchick. He is nothing but a COMMON CRIMINAL. How can you put someone like this into office without an investigation? Please view thefixersprague.com.This is what is wrong with the Political system, too many COMMON CRIMINALS IN OFFICE, AND I WANT SOME JUSTICE, AFTER WAITING 30 YEARS, I DESERVE IT, and I HAVE WAITED LONG ENOUGH.