November 4, 2004
UNDOING THE WARRENS:
Courts Are Poised to Take a Hard Right Term: Conservatives say the president should use his victory to push for changes on social issues. A Supreme Court vacancy is likely. (David G. Savage, November 4, 2004, LA Times)
In his first term, Bush had no chance to fill a vacancy on the Supreme Court. And Senate Democrats — led by Minority Leader Tom Daschle of South Dakota, who lost his reelection bid Tuesday — blocked some of the president's most conservative nominees to the U.S. courts of appeal.Now, however, a reelected Bush is likely to have a chance soon to nominate a new chief justice of the Supreme Court. And he can send more conservative judicial nominees to the Senate with reasonable confidence that a strong Republican majority will confirm them. [...]
Bush and the Democrats battled over judges during his first term. The president said the Democrats were seeking to block qualified nominees simply because they were conservative. The Democrats countered that some of his judges were right-wing ideologues and deserved to be blocked. Overall, Bush had 201 judges confirmed during his first four years in office, a better record than President Clinton had in the prior four years.
But the Democrats used the filibuster rule to prevent a vote on 10 of Bush's nominees. They included California Supreme Court Justice Janice Rogers Brown and Los Angeles lawyer Carolyn B. Kuhl. They were nominated for the U.S. 9th Circuit Court of Appeals.
Bush may well renominate the prospective judges who were blocked last year and challenge the weakened Democrats to try it again.
Rewrite the filibuster rule and renominate everyone who Democrats blocked. Posted by Orrin Judd at November 4, 2004 12:22 PM
"Rewrite the filibuster rule and renominate everyone who Democrats blocked."
I disagree. Keep putting excellent candidates forth and let the process work. All of Leader Daschle's colleagues are acutely aware that there is another election 2 short years away.
Posted by: curt at November 4, 2004 1:15 PMSenator Arlen Specter has said the President should not be so confident his judicial appointees will be confirmed.
Posted by: Vince at November 4, 2004 1:43 PMWhy do they have to be renominated? They were approved in committee, and simply await confirmation.
Janice Brown should be the first appointment. In addition to being incredibly qualified, I don't see how the Dems could get 40 Senators willing to deny a vote on her.
Posted by: brian at November 4, 2004 1:52 PMVince: For that and his past record (Bork, Scottish Law, &c.) the Republicans, if they are smart (but Orrin calls them the stupid party), will not select Specter as Chairman of Judiciary. If they give the Northeastern moderate RINOs any power, they will abuse it. Specter did nothing to contribute to the Repub victory -- why should he be rewarded in any way?
Posted by: jd watson at November 4, 2004 1:56 PMI say don't monkey with the filibuster rule. In the future conservatives (Republican is not synonomous with Conservative) will certainly need it.
I'm not worried about Specter as much as I'm worried that more liberal Republicans will be less willing to cooperate, if they feel Committee Chairmanships will be denied them. Hence back Specter if he is the next in line.
Posted by: h-man at November 4, 2004 2:04 PMh:
It's anti-constitutional when used to bar appointments.
Posted by: oj at November 4, 2004 2:10 PMPlease, don't give Specter jack squat. Bush bent over backwards to help snarlin' Arlen get reelected, and he's returning the favor with a poke with a sharp stick. Let the RINO bolt to the Dems if he doesn't like it.
Posted by: Roy Jacobsen at November 4, 2004 3:09 PMDid Orren Hatch ride off into the sunset?
Posted by: ed at November 4, 2004 3:12 PMSpecter is not going to give Bush any serious problems. He owes his renomination to Bush support and he knows it. This is merely CYA rhetoric.
Posted by: Bart at November 4, 2004 4:03 PMPlus the President is going to send up minorities, who Specter will not block for the Supreme Court.
Posted by: oj at November 4, 2004 4:15 PMI am also concerned about Arlen as Judiciary chairman. He has a habit of only acting conservative during election years. He was supposed to help Bush win PA but that obviously didn't happen.
Brian - I think the new Senate starting in January is considered a brand new Senate and therefore everything has to begin anew.
Posted by: AWW at November 4, 2004 4:17 PMBush should be prepared (if the Dems filibuster a Supreme nomination) to recess appoint Robert Bork. And let Reid know it, like as of, say, today.
Posted by: jim hamlen at November 4, 2004 10:24 PM