Tedious and Unconstitutional -- The Democrats' Estrada filibuster is a national disgrace.

WASHINGTON -- The plight of Miguel Estrada is a national disgrace. The confirmation to the D.C. Circuit of this highly talented lawyer is being aborted by a Democratic opposition bent on preventing the president and a majority of the Senate from staffing the federal courts as the Constitution requires. And the Democratic "spoiling" method -- filibusters, as presently conducted and entrenched in Senate rules -- are arguably in violation of the same Constitution.

Sen. Hatch Explodes at Dems Over Filibuster

""I have to admit there were some on our side who treated President Clinton in a shabby fashion. [But] I will tell you one thing: We never, ever filibustered a Clinton nominee, not once."

The following is from a liberal site, but it illustrates a point that was made many, many times during the Clinton years: Republican senators were blocking nominations and stalling for time waiting for a Republican to be elected POTUS. And now they seem to be getting upset that Democrats can block nominations too.

This Time, It's Personal

Excerpt:

"Stymied by the Republicans' unusually ruthless use of secret "holds" -- refusals to schedule hearings or votes -- and blue slips, Clinton and the Senate Democrats actually went out of their way to accommodate the Republicans, seeking out corporate lawyers and former prosecutors to nominate. When the Democrats sought black, Hispanic, or female nominees, they favored centrists with law-enforcement endorsements and satisfactorily pro-death-penalty views. In some cases, the White House would simply pick the least offensive conservative from a list assembled by Republicans.

But appeasement failed, too. Even as deaths and retirement expanded the number of vacancies -- from a dozen or so near the end of 1994 to 73 by 1998 -- the average number of days it took for the Senate to act on nominees increased, from 159 days during the 104th Congress to 280 days during the 106th. And Republican objections, meanwhile, became increasingly absurd. Last year, for instance, Republicans blocked the nomination of Richmond lawyer Roger Gregory to the Fourth Circuit because, according to Hatch, "Clinton did not consult with senators from the states where the judgeships are located" -- when, in fact, both of Virginia's senators at the time (Democrat Chuck Robb and Republican John Warner) supported Gregory's confirmation. And back in 1997, Senator Phil Gramm first supported and then opposed fellow Texan Michael D. Schattman because, according to a spokesman, Schattman had registered as a conscientious objector during the Vietnam War, and "we question his ability to fairly consider cases brought before him involving the defense industry."

There have been a number of editorials, both before and after the Estrada nomination fracas, that have noted that the Senate judicial nominee confirmation process is broken. Estrada is merely the latest victim. The whole process needs to be changed, and the Senate (both sides) needs to do some soul-searching to come up with ways to make it work, and make it fair.

My email to W:

Dear President Bush, With the Surpeme Court session getting ready to close, it may well be time for perhaps the most important domestic decision of your presidency: the appointment of a Supreme Court Justice(s). The main reason why I supported you in 2000 and why I wanted Daschle out of power in 02 (and 04) has to do with the courts. I want America courts to interpret law, not write law. During your presidential campaign you said Thomas and Scalia were your two model justices. Those are excellent models. The High Court needs more like them. Clarence Thomas recently said to students that the tough cases were when what he wanted to do was different from what the law said. And he goes by the law. This should be a model philosophy for our justices. Your father, President Bush lost his reelection campaign for 3 main reasosn, as far as I can see. 1. he broke the no new taxes pledge 2. David Souter 3. Clinton convinced people we were in a Bush recession (which we had already come out of by the time Clinton was getting sworn in)

I urge you to learn from all three of these: 1. on taxes, you're doing great. Awesome job on the tax cut. 2. good job so far on judicial appointments. I want to see more of a fight for Estrada, Owen, and Pickering, but I commend you on your nominations. 3. by staying engaged in the economic debate you'll serve yourself well

I have been thoroughly impressed with your handling of al Queida, Iraq, and terrorism. You have inspired confidence and have shown great leadership.

But I want to remind you that your Supreme Court pick(s) will be with us LONG after you have departed office. I urge you to avoid the tempation to find a "compromise" pick. Go for a Scalia or Thomas. Don't go for an O'Connor or Kennedy. To be specific, get someone who is pro-life. Roe v Wade is one of the worst court decisions I know of, and it's the perfect example of unrestrained judicial power.

I know the temptation will be tremendous on you to nominate a moderate. But remember who your true supporters are. I am not a important leader or politician. I am "simply" a citizen who has been an enthusiatic supporter of you. I am willing to accept compromise in many areas of government but I will watch your Court nomiantions extremely closely. What the Senate Dems are doing right now is disgusting, but as the President you have the bully pulpit to stop it. Democrats will back down if you turn up serious heat on them.

Moreover, I think public opinion is shifting towards the pro-life position. Dems will want you to nominate a moderate, but almost all will vote against you anyways. Pro-choice Repubs will likely still vote for you if you nominate a Scalia, after all, you campaigned on it. So Mr. President, I urge you to stick with your campaign statements and nominate justices who believe in judicial restraint, like Scalia and Thomas.

Happy Memorial Day and may God bless you and your family.

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