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GOP Pushes Past Dem Judicial Blocks
Earthlink News ^ | 1/30/03 | AP

Posted on 01/30/2003 11:07:20 PM PST by hoosierskypilot

WASHINGTON - Senate Republicans, breaking a Democratic blockade against President Bush's key conservative judicial nominees, put Miguel Estrada a step closer Thurssday to becoming the first Hispanic on the U.S. Court of Appeals in the nation's capital.

On a 10-9 vote strictly along party lines, Republicans used their new majority from last fall's election to make Estrada, 41, the first conservative appeals court nominee to clear the Senate Judiciary Committee since Bush took office.

"The committee has spoken, progress is being made, the logjam in the Senate is now breaking," White House spokesman Ari Fleischer said.

Aware that the appeals court often is a steppingstone to the Supreme Court, Democrats had waited 16 months after Bush nominated Estrada to give him a confirmation hearing last October. Afterward, they refused to schedule a vote on him, complaining that Estrada had evaded their questions about his legal views.

"I have to tell you it was sort of reminiscent of Clarence Thomas telling America that he had never discussed Roe versus Wade and had no views on this case whatsoever," said Sen. Charles Schumer, D-N.Y. "It's just not credible. It's not believable that this nominee has no critical views on any Supreme Court case."

The committee's action sends Estrada's nomination to the full Senate, where a filibuster is the primary option left to Democrats for blocking it. With a two-vote majority, Republicans hope for a vote as early as Tuesday.

"It'll be an intensive debate and they'll fight against him, but I think in the end we'll be able to get Miguel out," said the committee chairman, Sen. Orrin Hatch, R-Utah.

Democratic senators plan to discuss tactics over the weekend and make a decision about what they will do, said Sen. Edward Kennedy, D-Mass. "No judgment, no decision has been made," he said.

Estrada, a member of the law firm that represented Bush in his successful Supreme Court fight for the presidency, is considered a potential Supreme Court nominee should a vacancy occurs while Bush is in the White House. The D.C. appeals court has provided three of the current Supreme Court justices.

The Washington lawyer, who came to the United States as a teenager from Honduras, graduated from Harvard Law School in 1986. He has practiced constitutional law and argued 15 cases before the high court.

Hatch accused liberals of opposing Estrada simply because of his ethnicity and political views. He would become the first Hispanic on the circuit court in Washington if confirmed.

Some liberals want "to smear anyone who would be a positive role model for Hispanics and who might be a constitutionalist rather than a liberal judicial activist, or might be conservative or perish the thought, Republican," Hatch said.

But Sen. Patrick Leahy of Vermont, the committee's top Democrat, took issue with that assertion. "The fact that a nominee is Latino should not be a shield from full inquiry," Leahy said.

Estrada has caused his own problem, said Schumer. "By remaining silent, Mr. Estrada only buttressed the fear that he's a far-right stealth nominee, a sphinxlike candidate who will drive the nation's second most-important court out of the mainstream," he said.

At a five-hour confirmation hearing last year, Estrada insisted he could set aside any personal or political opinions if confirmed. A judge should put aside personal opinions and "look at each case - starting by withholding judgment - with an open mind," Estrada said at the time.

Estrada is the first of 33 district and appeals court nominees to get a vote in this year's committee. Most of those nominees were not voted on last year. With the Democrats in Senate control, 100 judicial nominees were confirmed in 2001 and 2002.

Hatch said he hoped to hold committee votes next week on three other appellate court nominees - Jeff Sutton, Deborah Cook and John Roberts - although Democrats are likely to ask for a one-week delay. The committee also plans to hold a confirmation hearing next Wednesday for Jay Bybee, who wants a seat on the San Francisco-based 9th U.S. Circuit Court of Appeals.


TOPICS: Front Page News; Government; Politics/Elections
KEYWORDS: ratracism

1 posted on 01/30/2003 11:07:20 PM PST by hoosierskypilot
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To: hoosierskypilot
The best news of the month. Get some strict constitutionalists in and counter all these judicial activists.
2 posted on 01/31/2003 1:24:17 AM PST by Joe Boucher
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To: hoosierskypilot
The committee's action sends Estrada's nomination to the full Senate, where a filibuster is the primary option left to Democrats for blocking it.

Bring it on you Dim Wits .. Let's put it on record exactly what Senators are against Estrada

Your voters would like to know

3 posted on 01/31/2003 1:29:25 AM PST by Mo1 (I Hate The Party of Bill Clinton)
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To: Joe Boucher
And put the Left permanently on the defensive in the nation's courtrooms.
4 posted on 01/31/2003 1:30:33 AM PST by goldstategop
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To: Mo1
Especially Latino voters. Let the Democrats explain how they blocked a Latino from getting on the appeals court because he was not sufficiently anti-family enough for them.
5 posted on 01/31/2003 1:31:50 AM PST by goldstategop
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To: hoosierskypilot
They behaved horribly to this man based on his perceived political and personal beliefs. Forget the fact that Estradas' view are based soley upon the constitution and God's law. They would have burned him at the stake.

IF the roles had been reversed, and the rats had been conservatives, the Media would have portrayed this as a KKK Clan Lynching party. I believe that view accurately describes what they attempted to do to Estrada.

Thank God a good man was spared this crap FOR ONCE!

Now let's see them get the rest of the good guys through.

As to the rats: Buck up! Payback's a B*TCH girls...


6 posted on 01/31/2003 2:21:54 AM PST by Caipirabob ([Formerly: Yakboy] Democrat.. Socialist..Commie..Traitor...Who can tell the difference?)
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To: hoosierskypilot
As much as I enjoy having Clarence Thomas on the Supreme Court and seeing Miguel Estrada finally get voted on, it does bother me that conservative judicial nominees these days believe they must keep their strong principles hidden during confirmation hearings.

However, as long as there are hypocritical slimeballs like Schumer in the U.S. Senate, I guess being candid just gives the RATS more ammunition with which they can shoot you down.

Still, I wonder what would happen if George W. Bush just nominated one strong conservative after another, and each one clearly stated their views. Would Schumer be able to convince enough democRATS to filibuster each and every one of them?
7 posted on 01/31/2003 2:22:23 AM PST by billclintonwillrotinhell
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To: hoosierskypilot
Pound sand dims - it's your turn now.
8 posted on 01/31/2003 4:03:59 AM PST by lodwick
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To: hoosierskypilot
How soon will it be before Hatch is licking Leahy's boots again.

Memo to Hispanics: Chuck Schumer thinks you are STUPID and can't make it without being a Democrat. Actually the whole Democrat ELITE thinks your stupid.

9 posted on 01/31/2003 4:23:44 AM PST by Claire Voyant ((visualize whirled peas))
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To: hoosierskypilot
Let's hope Estrada proves to be as good a man as his curriculum vitae suggests. He's certainly been kept twisting slowly, slowly in the wind for long enough over this. And when can we expect to see Pickering and Owen get their just due?

Freedom, Wealth, and Peace,
Francis W. Porretto
Visit The Palace Of Reason:
http://palaceofreason.com

10 posted on 01/31/2003 4:54:11 AM PST by fporretto (Curmudgeon Emeritus, Palace of Reason)
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To: billclintonwillrotinhell
Isn't it true that the full Senate has never filibustered a judicial nominee? If so, that's quite a precedent for the Democrats to counter. Illustrative, I'd suggest, of the depths to which they've plunged.
11 posted on 01/31/2003 5:08:59 AM PST by Hebrews 11:6 (Look it up!)
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To: hoosierskypilot
from News and Observer

"All Republicans voted for Estrada, and all Democrats, including John Edwards of North Carolina, who voted by proxy, opposed the nomination."

And I will state the obvious, let's remember to mention this to our Latino friends.


12 posted on 01/31/2003 12:19:24 PM PST by defeat_the_dem_igods
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To: Hebrews 11:6
You may be right. I can't recall any judges being filibustered. If the democRATS are going to start down that road, I would suspect they'd do it to Pickering and then check public opinion to see if they can get away with it again. If I had to bet right now, I'd say both Estrada and Priscilla Owen of Texas will be voted on and confirmed after a whole lotta bellyaching from the Schumer crowd.

If Pickering is filibustered, it's vital for the public to express our outrage as forcefully as possible. Our slogan should be, "What are you afraid of? A vote?"

If the RATS get away with filibustering Pickering, I can see them doing it later with a Supreme Court nomination.
13 posted on 02/01/2003 1:19:26 AM PST by billclintonwillrotinhell
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