Senate Democrats Target Judicial Nominees

The Herald Sun ^ | 9/5/2003 | JESSE J. HOLLAND

[mtbrandon49]

WASHINGTON -- Emboldened by Miguel Estrada's withdrawal from consideration for the U.S. Court of Appeals, Senate Democrats threatened to block more of President Bush's judicial nominees to discourage him from offering what they called conservative ideologues.

"As long as the administration continues to do this, we will continue to block judges who are outside the mainstream," Sen. Charles Schumer, D-N.Y. said.

Estrada's withdrawal Thursday from consideration for the U.S. Circuit Court of Appeals for the District of Columbia makes him the first high-profile Bush judicial nominee to ask that his name be removed from Senate deliberation.

Republicans failed on seven tries to get the 60 votes needed to break a Democratic filibuster on Estrada, never getting more than 55 votes in the 100-member Senate.

"Mr. Estrada received disgraceful treatment at the hands of 45 United States senators during the more than two years his nomination was pending," said Bush, who aggressively tried to get the Senate to approve Estrada early this year but had been silent on the issue in recent months.

But Democrats planned to give even more Bush nominees the same treatment. The Senate so far has confirmed 146 of Bush's 196 U.S. district and appeals court nominees.

For Estrada, who at one point was rumored to be a possible Supreme Court nominee, the withdrawal ends a two-year waiting game in which his nomination never got beyond the Senate floor.

"I believe that the time has come to return my full attention to the practice of law and to regain the ability to make long-term plans for my family," he said in a letter to Bush.

Estrada, 41, an attorney who never had served as a judge, wanted a seat on the D.C. Circuit, which currently is split evenly between Republican and Democratic appointees. The court decides important government cases involving separation of powers, the role of the federal government, the responsibilities of federal officials and the authority of federal agencies.

Democrats argued that Estrada and Bush's other blocked nominees were too conservative to serve on the court.

Similar to Estrada, Democrats already are filibustering two other nominees -- Texas Supreme Court Justice Priscilla Owen and Alabama Attorney General William Pryor.

"We cannot sit back and let other judicial nominees like Priscilla Owen and Bill Pryor suffer the same fate as Miguel Estrada," Senate Judiciary Chairman Orrin Hatch, R-Utah, said.

Two others, U.S. District Judge Charles Pickering of Mississippi and California State Superior Court Judge Carolyn Kuhl, also are expected to be filibuster targets, although Republicans have yet to seek votes on either on the Senate floor.

And Democrats have at least three other judicial nominees in their sights, including two heading for the D.C. Circuit.

Democrats already are closely watching California Supreme Court Justice Janice Rogers Brown and White House lawyer Brett Kavanaugh, both nominated to seats on the D.C. Circuit.

Brown has been opposed by the NAACP, and Democrats say the jurist, who is black, frequently rules against discrimination victims. Kavanaugh is an associate of former Independent Counsel Kenneth Starr, and Democrats say he is widely credited with developing the White House's conservative nomination strategy.

"Unfortunately, the White House's recent nominees to the D.C. Circuit appear to continue a disturbing pattern of nominating judges who are extreme," said Sen. Edward Kennedy, D-Mass. "Hopefully today the president will get the message that his current approach to nominations is not working."

[mtbrandon49]

Democrats are like a bunch of 2 year olds.

[goldstategop]

Translation: only ultra liberals may be considered for a career in the federal judiciary.

[sirchtruth]

OK, so Frist and the Repub senate failed by not doing what they had to do...Now this leads me to this point:

What are they going to do with the next nominee this happens too?

[goldstategop]

As long as the Democrats hold as an effective veto over judicial nominations, the evident answer, I'm afraid is precisely nowhere.

[2timothy3.16]

What are they going to do with the next nominee this happens too?

Whatever teddy kennedy wants to happen to them.

President get along does not seem willing to fight, only get along at any cost.

What is it about the WhiteHouse that turns men into cowards?

[freeangel]

Sitting back and whining is what they are doing best right now. Playing the victim doesn't play well with a large number of Pubbies when they are hoping for some strength in leadership.

[You Dirty Rats]

Explain to me exactly why the failure of the Senate to have a vote is due to cowardice by the President.

I wasn't aware that the President had authority over the Senate. Perhaps you can indicate where in the Constitution I am wrong?

[LarryM]

Bush is turning into a laughing stock. The Rats are laughing in his face and he does nothing to fight them. Bush never really fought for Estrada. He has never really fought for anything. Why doesn't he take an issue and fight tooth and nail for it? The Rats see nothing by a patsy.

[2timothy3.16]

Are that innocent or are you just looking for an argument?

[snooker]

Well for starters you can make the senate sit through a real filibuster. Dims want to filibuster, make them really filibuster.

Let the public in on their dirty secret of obstructionism.

[nathanbedford]

Explain to me exactly why the failure of the Senate to have a vote is due to cowardice by the President.

I wasn't aware that the President had authority over the Senate. Perhaps you can indicate where in the Constitution I am wrong?

These are not constitutional reasons but practical political reasons:

The President is the titular head of his party when in office.

The nominee is the President's choice, not the majority leader's.

The President has the bully pulpit and controls the party's purse.

When the nominee fails the political weakness is universally seen to be the President's, not the majority leader's.

This majority leader is the personal choice of the President after the Lott debacle.

Just what do you expect the Senate Republicans to do when the White House does not answer the phone? Under these circumstances, a traditional fillibuster cloture attempt would fail. The fault is with Bush for not taking the fight to the country.

[You Dirty Rats]

I'm sick and tired of people who blame the President for a failure in the Senate.

It's up to the Republicans in the Senate to get Dubya's nominees through, or at least have a vote.

I asked a fair question. How is the President supposed to change Senate rules? Does he have some secret power that only you know about?

[putupon]

Democrats are like a bunch of 2 year olds.

And Republicans are a bunch of spineless mothers on valium who spoil the bRATs by giving them whatever they're throwing a tantrum for at the moment.

[TommyDale]

If the Republicans had any sense, which I am starting to seriously doubt, they would hammer this subject until the next election. Run ads in Spanish in the southern border states and Florida, telling how the Democrats prevented a Hispanic from being appointed.

Then, after winning 60+ Senate seats in 2004, stack every court in the country, including the Supreme Court, with ultra-conservative ACTIVIST judges. Let the Democrats sweat for another 40 years.

The Republicans need to declare all-out WAR against the Democrats, and fight to win. This is something they have consistently failed to do!

[wgeorge2001]

"As long as the administration continues to do this, we will continue to block judges who are outside the mainstream," Sen. Charles Schumer, D-N.Y. said. "


Are there any republican conservative senators in the senate?
How does the minority control the majority in the senate?
Why hasn't Frist and the other cigar smoking, checker pants golfing republicans shut down the minority democrats in the senate? Do they think that conservatives like myself will continue to vote for representives who refuse to represent conservative values. They must belive that conservatives are stupid and just vote for politicians with an R after their names.
Does the Congress care that the Judicail branch of government arrogantly and unlawfully legislates from the bench. Or, are they in cahoots with the judiciary and the socialist democrats against all conservatives in and Christians in America( I believe, with a few exceptions, that the conservative party has been hijacked by fools who are in agreement with the communist democrats)and that we will continue to elect representitives who do not and will not represent conservative and Christians in America.
There is an unacceptable amount of deceit in politics and even the conservative party lies like the democrat politicians; America's Congress has become a neo whore and a club of fools and mockers and scorners that can only do evil.
I and my brothers and sisters look up for God to send His Christ to rule and reign on the earth for 1000 years(after He sends the antichrist to deceive and rule the unbelieving for the 7 year tribulation; they made their choice and it is a bad one at that.)But, as for the redeemed of the LORD; we know that Titus 2;13,14,15 will come to pass in God's due time and we are:
13. Looking for that blessed hope, and the glorious appearing of the great God and our Saviour Jesus Christ; 14. Who gave himself for us, that he might redeem us from all iniquity, and purify unto himself a peculiar people, zealous of good works.
15. These things speak, and exhort, and rebuke with all authority. Let no man despise thee.

[You Dirty Rats]

That's nonsense. The Majority leader is chosen by a secret ballot of Senators, not by the President.

Anyone who thinks the Senate or individual Senators will roll over for any President, in their party or otherwise, is delusional. The Senate consists of the 100 largest egos on the planet. They are in office longer than most Presidents.

The nomination did not "fail". Had the Senate voted to defeat Estrada, then the President would have made a mistake. The plain fact is that the Senate did not even take a vote, despite the fact that there were a clear majority of Senators in favor of the nomination. Dubya had no way of knowing the 'Rats would be so dirty.

The Republicans in the Senate have decided that Cloture is more important than anything else. None of them can bear the prospect of one day being in the minority and losing their power to filibuster. Dubya couldn't care less about that, but he can't change Senate Rules.

The sad thing is, if the tables were reversed we all know the "Dirty Rats" would end Cloture and ram their nominees through. Either that, or the 'Rats would threaten that, and our Senators would cave in.

I feel very badly for Estrada and the other nominees. With everything else on his plate, this is awful for Dubya. As far as the Republican Senators are concerned, if they have decided Cloture is more important than the Constitution or approving the President's nominees, then they should at least have the grace to STFU about how "unfair" the 'Rats are. The Republican Senators are enabling Ted Kennedy and Chuckie Schumer to do their dirty work.

Just don't blame the President. It's not on him. He put the Republicans in the majority through his campaign efforts last year and this is how they repay him. It stinks.

[Aeronaut]

If you don't want to kill babies you needn't apply...

[wgeorge2001]

"As long as the administration continues to do this, we will continue to block judges who are outside the mainstream," Sen. Charles Schumer, D-N.Y. said. "


Are there any republican conservative senators in the senate?
How does the minority control the majority in the senate?
Why hasn't Frist and the other cigar smoking, checker pants golfing republicans shut down the minority democrats in the senate? Do they think that conservatives like myself will continue to vote for representives who refuse to represent conservative values? They must belive that conservatives are stupid and just vote for politicians with an R after their names.
Does the Congress care that the Judicial branch of government arrogantly and unlawfully legislates from the bench? Or, are they in cahoots with the judiciary and the socialist democrats against all conservatives and Christians in America( I believe, with a few exceptions, that the conservative party has been hijacked by fools who are in agreement with the communist democrats)and that we will continue to elect representitives who do not and will not represent conservatives and Christians in America.
There is an unacceptable amount of deceit in politics and even the conservative party lies like the democrat politicians; America's Congress has become a neo whore and a club of fools and mockers and scorners that can only do evil.
I and my brothers and sisters look up for God to send His Christ to rule and reign on the earth for 1000 years(after He sends the antichrist to deceive and rule the unbelieving for the 7 year tribulation; they made their choice and it is a bad one at that.)But, as for the redeemed of the LORD; we know that Titus 2;13,14,15 will come to pass in God's due time and we are:
13. Looking for that blessed hope, and the glorious appearing of the great God and our Saviour Jesus Christ; 14. Who gave himself for us, that he might redeem us from all iniquity, and purify unto himself a peculiar people, zealous of good works.
15. These things speak, and exhort, and rebuke with all authority. Let no man despise thee.

[Destructor]

"Democrats are like a bunch of 2 year olds."

Just remember all of these events, so that we can remind them later. Next time their guy sits in the oval office, and their judicial nominations are blocked by the Republicans- they will scream bloody murder! Dimocrats think that rules, and laws only apply to Republicans.

[You Dirty Rats]

I'm afraid that there are Republican Senators who are not that interested in having the type of judges you mention approved. At least, not interested enough to fight hard for it, and certainly not hard enough to invoke Cloture.

Ted Kennedy is a lot of things, but politically stupid isn't one of them. Outside of the Courts, he KNOWS that the 'Rats are a dead party and have practically no influence on national politics. That's why the 'Rats HAVE to fight to the death to stop nominees they don't like. There just isn't the same sense of urgency on the Republican side of the Senate, not among all of our Senators.

Everyone is blaming Dubya and Frist. I strongly suspect that there are not 50 votes in the Senate to eliminate the Cloture rule. I would be very surprised if there aren't at least 2 Republican Senators against such a reform. If the votes aren't there, it doesn't matter if Tom DeLay was majority leader.

We need a few more Senators, not necessarily 60. If we can get 51 willing to eliminate the Cloture Rule, and the 'Rats know this, they would cave.