A GOP Breakthrough? Republicans try to run over a Democratic roadblock on judges

National Review ^ | 07/21/03 | Byron York

[Pokey78]

Senate Judiciary Committee chairman Orrin Hatch has taken an aggressive new step in an effort to break through the obstruction of six Bush judicial nominees from Michigan.

The nominees — four to the federal courts of appeals and two to the lower federal district courts — are opposed by Michigan Democratic senators Carl Levin and Debbie Stabenow.

The two Democrats who returned negative "blue slips" for the nominees, indicating they would not allow the nominations to go forward.

In the past, the opposition of both home-state senators has often been enough to kill nominations, but in a letter to Levin and Stabenow Friday, Hatch announced that he will schedule hearings for the nominees despite their opposition.

Levin and Stabenow do not have any specific objections to the Michigan nominees. Instead, they returned the negative "blue slips" because they are angry that President Bush did not give in to their demand to renominate two Clinton appeals-court nominees from Michigan.

Those nominees, Helene White and Kathleen McCree Lewis, were never acted on by the Republican-controlled Senate. (One of them, White, has a personal connection to Levin; she is married to the senator's cousin.)

When Levin and Stabenow made their demands in the first months of George W. Bush's presidency, White House officials tried to consult and negotiate with them. It didn't work, and after a few months, talks reached a dead end.

"Although I understand [Levin's and Stabenow's] desire to have the president renominate two of President Clinton's candidates for the court of appeals...we believe it would be unfair to expect the president to do so," White House counsel Alberto Gonzales wrote to Sen. Patrick Leahy, then the chairman of the Judiciary Committee, in August 2001.

"To my knowledge," Gonzales continued, "before President Bush renominated Roger Gregory to the Fourth Circuit, no president had ever nominated to a court of appeals an individual previously nominated to the court of appeals by his predecessor from a different party. For any senator to insist that this extraordinary and historic act be repeated is simply not fair. Appointments to the federal courts of appeals are uniquely matters of presidential prerogative."

In his Friday letter to Hatch and Stabenow, Hatch recounted the White House's efforts to consult with the senators about the Michigan nominations. "While I have worked to ensure that all nominees are given their due consideration before the Senate, I have also defended senatorial power via the mechanism of the blue slip," Hatch wrote. "By tradition, blue slips ensure that each home-state senator is given a chance to express their opinion on nominations, the effect of which is to force the White House to perform adequate consultation. The factual record over the past 26 months amply demonstrates that the White House has in fact engaged in sufficient consultation with you....You have nevertheless returned uniformly negative recommendations."

"It's an important step," says one Republican of Hatch's action. "The Democrats have been intransigent."

In deciding to hold hearings for the nominees, Hatch said he gave serious consideration to a recent letter signed by nine Michigan members of the House of Representatives. Addressing Levin and Stabenow, the nine lawmakers asked that the senators drop their opposition to nominees from their home state.

"Keeping Michiganders off the bench is a disservice" to the state's citizens, the lawmakers wrote.

[DrNo]

To Stabenow and Levin: You vote to stop the filibuster of Estrada, and then we can talk!

[af_vet_1981]

Senate Judiciary Committee chairman Orrin Hatch has taken an aggressive new step in an effort to break through the obstruction of six Bush judicial nominees from Michigan.

Yes, and it is about time to fight.

[bourbon]

"Keeping Michiganders off the bench is a disservice" to the state's citizens, the lawmakers wrote.

By comparison, I suppose keeping Alabamians (Pryor), Texans (Owen) and Mississippians (Pickering) off the bench is just fine and dandy? Just so long as it isn't your ox who's being gored, everything is okay, right Senators?

Besides, I'm sure Bush can find some qualified Michiganders that he'd like to appoint.

BTW, somebody should take up a collection to buy Levin some decent glasses and get Debbie Stabenow a freaking treadmill. They need some serious assistance in the personal appearance department. Maybe the Fab Five from Queer Eye could help? :-)

[mombonn]

Bravo! sinators stabusnow and half-glasses are a disgrace to MI.

[bourbon]

Another thread on this subject (AP Story on MI Judges).

[laweeks]

Don't worry . . . the Stupid Party will back off and issue heartfelt apologies

[deport]

Hatch has scheduled committee votes on Pryor for the past two weeks but they have been delayed. I hope he carries through this Thrusday.... Then we'll see if they choose to make it a 3rd filibuster over a nominee on the floor...

[Anarchist]

Orrin Hatch's promise to do something about the blue slips means absolutely nothing will be done.

If these hearings are actually ever held and the nominees reported out, the most that will happen is a filibuster.

Another reason why I don't bother voting anymore.

[CyberAnt]

"Bush did not give in to their demand"

Who are these people ..?? DEMAND! What on earth gives them the RIGHT to DEMAND anything from the President ..?? This is just beyond the pale.

"Appointments to the federal courts of appeals are uniquely matters of presidential prerogative."

What is it they don't get about the above statement ..??

[taxcontrol]

Repeal the 17th, have State Legislature appoint one Senator, have the State Gov appoint the other. Would clean up this mess rather quickly.

[lowbridge]

bump

[steplock]

If and WHEN this happens - someone bump me! The GOP is nothing but a load of cowardly old "frumps" in the seante.

[LibWhacker]

(One of them, White, has a personal connection to Levin; she is married to the senator's cousin.)

This reeks of conflict of interest, doesn't it? Of course, everything the rats do reeks of conflict of interest. After all, how do you serve your American and your anti-American constituents simultaneously?

[The Westerner]

You mean Hatch will wither before criticism? Are you some kind of cynic? Don't you realize that he wants to have cordial relations on the Senate floor. That means everything.

[88keys]

APPLAUSE!

(It may be more "Senate rules game-playing", but it's not the "nuclear option" yet...and you've got to love the "collected letters" to Levin and Stabenow requesting that they drop their objections...)

[Zack Nguyen]

Holding hearings even when two Democrat Senators don't want to? This is hardly an aggressive step. It doesn't bring us any closer to confirmation, because the problem isn't lack of hearings, the problem is lack of a vote.

An "aggressive step" would be to change the Senate rules, keep the Senate open 24 hours per day, cease any and all "pork barrel" appropriations to obstructionist Democrats, or start recess appointments.

Ignoring the hoary old Senate tradition of the "blue slip" just isn't very impressive.

[nonliberal]

For the next RAT president, someone on the GOP side should blue slip every single judicial appointment.

[King Prout]

I'll reserve judgement until the appointees get their fair shake. It is, after all, "Whiplash" Hatch.