Posted on 12/12/2003 1:58:16 PM PST by Federalist 78
WASHINGTON - The Democratic leadership in the Senate vowed yesterday to fight President Bush's nomination of Claude A. Allen, a conservative Virginian whose selection for a federal appeals court seat is vehemently opposed by Maryland's two Democratic senators.
To underscore his opposition to Allen, Senate Minority Leader Tom Daschle of South Dakota negotiated with Republicans to ensure that when the Senate recessed Monday for the holiday season, Allen's nomination was sent back to Bush.
Allen, an African-American who is the Bush administration's deputy secretary of health and human services, is a fierce opponent of abortion rights
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(Excerpt) Read more at sunspot.net ...
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The DNC senators are in violation of the Constitution and their Oath of Office. The RNC controlled, President and Senate can arm twist No Child Left Behind, Medicare, Campaign Finance and whatever else they desire into law, but suddenly go limp wrist in the face of a lawless immoral minority.
Article 2, Section 2, Clauses 2 and 3
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
A broken tradition -June 5, 2003-John Cornyn
More than 175 newspaper editorials representing the home states of 70 senators condemn the current filibusters of judicial nominees.Law professor and former Clinton adviser Michael Gerhardt has condemned supermajority requirements for confirming nominees, saying they "would be more likely to frustrate rather than facilitate the making of meritorious appointments." And last month, legal scholars told the Senate Constitution Subcommittee that filibusters of judicial nominations are uniquely offensive to our nation's constitutional design.
The buddy buddy country club antics of Senator Frist strikes again. Schmucks.
The Democrats are being bigots, even against blacks. They deserve zeor concessions,
John / Billybob
Allen nomination not carried overIt is returned to White House as Democrats resist putting Virginian on federal court
BY PETER HARDINTIMES-DISPATCH WASHINGTON CORRESPONDENT Dec 11, 2003
WASHINGTON - Democratic foes of Claude A. Allen's nomination to a Richmond-based federal appeals court have shown just how hard they are prepared to fight.
Allen's nomination to the 4th U.S. Circuit Court of Appeals was returned to the White House as a result of a procedural step late Tuesday, the final day of the Senate's session this year. President Bush will have to renominate Allen if he wants the Senate to confirm him next year.
Senate Republicans were unable to get unanimous agreement from Democrats to include Allen's nomination among a group of other judicial nominees that will be carried over for action next year. That is a standard step taken at the end of the first year of a two-year term of Congress.
The Democrats' resistance was inspired by urgings of Maryland's two senators, a Democratic Senate aide said. Sens. Paul S. Sarbanes and Barbara A. Mikulski, both Democrats, have taken the lead in opposing the Virginian's nomination.
Allen's was the sole judgeship nomination that was not carried over in an agreement supported by both Senate Republicans and Democrats, the Democratic aide said.
Sarbanes, meanwhile, "is pleased that the nomination has been returned to the White House for he continues to believe that the seat belongs to a qualified Marylander," the senator's spokesman said yesterday.
A White House spokesman said Bush continues to support Allen's nomination, "as he supports all of his nominees, and will continue to work with Congress in this process."
Bush is expected to renominate Allen, a senior Republican Senate aide said.
Allen, who is black, is deputy secretary of the U.S. Department of Health and Human Services. He served in the Cabinet of Gov. Jim Gilmore, a Republican. Allen appeared at a confirmation hearing of the Senate Judiciary Committee, but the panel did not vote on his nomination.
Contact Peter Hardin at (202) 662-7669 or phardin@mediageneral.com
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