Posted on 03/07/2002 1:52:18 PM PST by Stand Watch Listen
Capitol Hill (CNSNews.com) - Republicans and even some Democrats on the Senate Judiciary Committee Thursday acknowledged that extremely bitter battles surrounding the confirmation of President Bush's judicial nominees are endangering the entire nomination process.
"We're on the verge of an institutional crisis here, and both sides are responsible for it," said Sen. Mitch McConnell (R-Ky.). "I fear we are edging toward a place where no one can be confirmed, that we'll all just continue to get more dug in and more partisan and the wheels will grind to a halt."
McConnell made his comments during a committee meeting that was to include a vote on the nomination of Judge Charles Pickering to the Fifth U.S. Circuit Court of Appeals. The vote was postponed for the second time.
"The last thing on earth I want for this committee and for this Senate and for any future Senate is to have this totally devolve into a tit-for-tat situation where all we do is smear people who we don't like or who differ with us in their opinions," said Utah Republican Orin Hatch, the ranking minority member of the committee. "I'm sick of it and I'd like to end it."
Hatch charges that the "lynching" of Pickering's nomination "is the product of engineering by extreme left Washington special interest groups who are out of touch with the mainstream and have a political axe to grind."
One of those liberal special interest groups distributed a statement at the hearing.
"If the nomination of Judge Pickering is an indication of what we can expect with future Bush administration judicial nominees, then all his candidates should come with a warning label, 'Beware ... May be Hazardous to Women's Health and Civil Right,'" said a statement from Planned Parenthood, the nation's largest abortion provider. "No judicial nominee should be considered unless they affirm a woman's civil and human right to make her own childbearing choices."
But Delaware Democratic Sen. Joseph Biden warned his fellow Democrats to carefully consider their reasons for opposing Pickering at next week's vote.
"I know some from the outside have argued that, because Judge Pickering has personal views relative to abortion different from mine, we should vote against him. I'd be careful what we wish for," Biden cautioned. "Because if it is based ... not upon his judicial rulings but personal beliefs relative to a social issue, when we have a Republican Senate again, it'll be a cold day in hell before we have anybody on the bench who is 'pro-choice.'"
Sen. Arlen Specter (R-Pa.) concurs that Pickering's nomination has, in large measure, deteriorated into a battle over abortion.
"I'm concerned also, that what we have here with Judge Pickering is a warm-up for a later confirmation battle on the Supreme Court. And there's been a suggestion by some on this committee about a litmus test on Roe versus Wade," Specter said. "My 'pro-choice' views are well known, but I have supported nominees who have held different than my own personal views."
Sen. Jon Kyle (R-Ariz.) urged his colleagues to overcome the temptation to judge Pickering on his personal beliefs rather than his judicial qualifications.
"All of us in politics have infinite capacity to rationalize. I believe that all of us look for reasons to oppose someone whose views are politically different from ours, to one degree or another," Kyl admitted. "And, to the degree that we do that, it's not a good thing."
Specter agreed.
"Maybe it's too late for Judge Pickering," he said. "But it's my hope that, without the context of a specific nominee, that we'll declare a truce, an armistice and we'll try to arrive at some protocol."
He reminded his colleagues that their role in the nomination process at the committee level is limited.
"As we all know, the Constitution provides for confirmation by the Senate, not by the Judiciary Committee," Specter said.
New York Democrat Charles Schumer challenged Specter.
"That is a rationale to abolish all committees," Schumer charged. "I fail to see why the committee structure is any more flawed in the selection of judges than it is in any other. I don't think it's flawed."
Biden, however, concurred with Specter's assessment.
"The Constitution does not say the Senate Judiciary Committee shall advise and consent, it says the Senate shall give its advice and consent," he agreed.
Sen. Richard Durbin (D-Ill.) also took issue with the view that the committee process is somehow "broken."
"I would disagree with my colleagues on the committee who suggest that the problem we face today is a failure of the process," Durbin claimed. "The process was very fair to Judge Pickering."
Durbin believes the White House is "testing" the committee to see whether Democrats will approve of a nominee he, Durbin, views as too conservative.
"President Clinton knew that if he sent a nominee to this committee that was not at least moderate to right he didn't have a chance," Durbin charged. "That nominee would never get a hearing. That nominee would never be seriously considered. That nominee was going to have rough sledding at best."
Hatch immediately contradicted Durbin.
"If you think only moderate to conservatives got through, you didn't watch the committee and you didn't watch the Clinton judges," Hatch responded.
Specter suggested that Pickering's nomination be moved to the full Senate for debate and a vote, even if the committee gives him an "unfavorable" recommendation. Earlier this week, Senate Majority Leader Tom Daschle (D-S.D.) said such a move would be "unprecedented."
"That's not accurate. There is, in fact, precedent for moving appellate and even district court nominees to the floor for a vote even when they have not received favorable support from this committee," Hatch explained. "Based on our research since 1950, this committee has moved at least six lower court nominees to the floor for consideration either without a recommendation or with a negative recommendation after the committee has voted them down."
The Supreme Court nominations of conservative Judges Clarence Thomas and Robert Bork were also both referred to the Senate after receiving unfavorable votes in the Democratic-controlled Judiciary Committee. Thomas was eventually confirmed as a Supreme Court justice. Bork was rejected.
The committee agreed to hold Pickering's nomination over until March 14.
"We're really at a pretty critical moment here," Sen. Sam Brownback (R-Kan.) observed. "We could wisely use this week to think about, is there another way out of this mess, this train wreck we're headed into, before we get so far down the track that recovery from it becomes pretty tough."
Still Pestering Pickering
Source: CNSNews.com; Published: February 19, 2002;
Author: John NowackiDismantling Democracy through Judicial Activism
Source: CNSNews.com; Published: February 12, 2002;
Author:Tom Jipping'A Troubling Pattern': Ideology Over Truth In Judicial Confirmations
Source: Too Good Reports; Published: February 10, 2002;
Author: Paul E. ScatesDemocrats Blast Bush Judicial Nominee
Source: CNSNEWS.com; Published: February 08, 2002;
Susan JonesThe Next Big Fight: The first major judicial-confirmation battle of the Bush administration.
Source: National Review: Published: Feburary 6, 2002;
Author:Byron YorkSYMPOSIUM Q: Should the Senate Take Ideology into Account in Judicial Confirmations
Source: INSIGHT magazine; Published: February 4, 2002;
Authors:
Ralph G. Neas -- YES: The ideology of nominees for the federal judiciary matters more now than ever
Roger Pilon -- NO: Since judges apply law, not make it, the Senate's concern should be with judicial temperamentWhat is the Judiciary Committee Trying to Hide?
Source: CNSNews.com; Published: January 29, 2002;
Author: Thomas L. JippingBlasting Conservative Judges: Liberals Launch Their Campaign
Source: cnsnews.com; Published: January 24 2002;
Matt PyeattJudicial Confirmation Lies, Deception and Cover-up
Source: CNSNews.com; Published: December 11, 2001
Author: Thomas L. JippingSenator Leahy Does Not Meet His Own Standards
Source:.cnsnews.com; Published: December 07, 2001
Author: By John NowackiSenator Daschle Must Remove 'Leaky Leahy' From Judiciary Committee
Source: Too Good Reports; Published: December 4, 2001
Author: Rev. Louis P. SheldonA Disgraceful Blocking of Nominees
Source: The Wall Street Journal (ltr to ed) Published December 3, 2001Mr. Leahy's Fuzzy Math
Source: Washington Times;Published: December 3, 2001
Author:EditorialSen. Patrick Leahy; Our Constitutional Conscience?
Source: Too Good Reports; Published: December 2, 2001
Author: Paul E. ScatesJudicial confirmations called significantly low
Source: Washington Times; Published: November 30, 2001
Author: Audrey HudsonPatrick Leahy - Words Do Kill
Source: PipeBombNews.com; Published: November 29, 2001
Author: William A. MayerJudicial Profiling
Source: The Wall Street Journal; Published: November 27, 2001Sen. Leahy's judicial hostages
Source: Washington Times; Published: November 21, 2001Judges Delayed is Justice Denied
Source: CNSNews.com ; Published: November 20, 2001;
Author: Thomas L. JippingPartisanship is Prevalent with Leahy's Judicial Confirmations
Source: CNSNews.com; Published: November 15, 2001
Author: John NowackiLeahy And Daschle Are Coming Face To Face With Their Own Words
Author: John NowackiObedient Democrats
Source: CNSNEWS.com; Published October 26, 2001
Author: Thomas L. JippingWhy is Daschle Blocking Judges needed to Try Terrorists when we Catch them?
Source: Banner of Liberty; Published:October 26, 2001
Author: Mary MostertPat Leahy's Passive Aggressive Game
Source: CNSNews.com; Published: October 25, 2001
Author: John NowackiOperation Obstruct Justice
Source: Washington Times; Published: October 25, 2001
Author: T.L.JippingDaschle wins struggle over judicial nominations
Source: The Washington Times; Published: Oct 24, 2001
Author: Dave BoyerLeahy doctrine ensures judicial gridlock
Source: Washington Times; Published October 22, 2001Senate's judicial powergrab: Tom Jipping tracks Dems' assault on courts
Source: WorldNetDaily.com; Published: June 28, 2001
Author: Tom JippingDems Will Shut Down Judicial Confirmations
Source: CNSNews.com Commentary from the Free Congress Foundation; Published: June 13, 2001;
Author: Thomas L. Jipping
Biden, however, concurred with Specter's assessment.
"The Constitution does not say the Senate Judiciary Committee shall advise and consent, it says the Senate shall give its advice and consent," he agreed.
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Because The Constitution Still Matters - Freepathon Thread 2
Now we see stories like these popping up..
No, in rare moments Biden will show some values.
Given his foot-in-mouth problems, this will probably backfire on him big-time.......FRegards
Sure. When Dash-hole wanted to tire Strom Thurmond into a heart attack, Biden was one of the few ones who publicly suggesting sending a Dem home to balance out Strom leaving.
Don't get me wrong, I am no Biden fan at all, especially after the lies he told about Bork.
So little Tommy got caught in ANOTHER lie! I hope the Repub. Senators DO push to have Judge Pickering's nomination go before the FULL Senate. If they give up on him, then Planned Barrenhood and People for the UnAmerican Way will have won and will only come back even HARDER on the next candidate.
Yes, Rush smoked Dash-hole on this. I am seriously considering signing up for Rush 24-7. Does anyone have any reccomendations?
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