A Crisis in the Judiciary
I have noticed over the last year a disturbing trend with regard to the slow pace of the Senates consideration of judicial nominees, especially those for the Courts of Appeal. If the nominee has conservative credentials, is deemed to be a person who takes their faith seriously, and has expressed any opposition to abortion, it appears that this becomes a disqualifier for those who are in the majority of the Senate Judiciary Committee. A judges membership in the Federalist Society or Inter-Varsity Christian Fellowship should not be a basis for exclusion for serving on the federal courts. This is especially so when the nominees receive a well-qualified ranking from the American Bar Association. This is what Senator Patrick Leahy called the gold standard. Yet despite these rankings from the
It is high time that the Senate Judiciary Committee stopped playing partisan politics and started fulfilling its Constitutional responsibility of giving judicial nominees a prompt vote. To continue blocking these votes puts the American people at risk by leaving scores of crucial federal positions vacant. Furthermore, the Senate Judiciary Committees mistreatment of well-qualified men and women who have stepped forth to serve their country is absolutely inexcusable. These men and women are not just Bush nominees; they are real people with lives and families and careers on hold. The Senates conduct is blocking the confirmation process for the sake of partisan politics is abusive, at best, and must come to an end today.
Over 180 Bush nominees to federal courts and agencies currently await an up-or-down vote in the Senate: about ninety have been waiting over 100 days, thirty have been waiting over a year, and nine have been waiting over two years. In the final two years of the Clinton Administration, the Senate confirmed 15 circuit judges and 57 district court judges. During the last two years of the Bush Administration, however, the Senate has confirmed only six circuit court judges and 34 district court judges. Most importantly, only five Bush judicial nominees have even been granted hearings in the 110th Congress. Currently, 11 circuit court nominees and 18 district court nominees are pending before the Senate.
It is crucial that as many Bush nominees as possible are confirmed to federal judgeships. Whichever judgeships are not filled by the current administration will be filled by the next one, and while we are ever hopeful to see a conservative administration take office on January 21, 2009, we have no guarantees to that effect. That is why we must urge the Senate to move forward with these pending nominees. As President Bush has stated:
These are real folks making real sacrifices, and they should not be treated like political pawns. Senators should examine every nomination closely, but they should not drag them out indefinitely. If the Senators holding up this process believe my nominees are unworthy for confirmation, the course of action is clear: Hold a vote and see if the majority agree. If these nominees are not approved, they can move on with their lives. If they are approved, they can take office.
Its that simple.
While the overall confirmation of these conservative nominees is important, the confirmation of conservative jurists to the D.C. and Fourth Circuits is imperative. Both courts have an especially great impact on national policy and in light of the upcoming change in administrations, it is essential that we secure conservatives on these courts. The D.C. Circuit interprets and enforces important federal statutes and agency regulations. Its decisions directly impact areas such as presidential decisions concerning terrorism/enemy combatants, labor and environmental law, and energy regulation. As such, it is considered second in importance only to the Supreme Court. (Interestingly, the D.C. Circuit has been recognized as a stepping stone to the Supreme Court: four current Justices sat on the D.C. Circuit prior to their confirmation to the Court.) Currently, the court consists of three Democrat-appointed judges and seven Republican-appointed judges. The Fourth Circuit has traditionally had the reputation of being the most conservative circuit court and has also played a key role in national security cases since September 11, 2001. The conservative nature of the Fourth Circuit, however, is at stake. At present, the 15-judge court has five vacancies and there is a 5-5 split between Republican appointees and Democratic appointees. With a third of these seats now vacant, conservatives are in danger of losing the Fourth Circuit. We must pressure the Senate to act on these nominees before we have another Ninth Circuit on our hands.
For a more detailed analysis of some of the individual nominees who are pending, click here.