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Senate Finger-Pointing Over Judicial Nominees

By 

Nathanael Bennett

June 21, 2011

2 min read

Supreme Court

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There's more finger-pointing in the battle to get President Bush's judicial nominees timely hearings and votes in the U.S. Senate.   The latest development involves an eight-page letter written by Judiciary Chairman Patrick Leahy - a letter delivered to all of the Republican members of the Senate Judiciary Committee.

In the letter, Leahy laid out his reasons for why he was not moving on the President's nominees. Leahy contends that it was the fault of the Republican members of the Judiciary Committee that more judicial nominees were not being moved in recent months.

The fact is that under Chairman Leahy's leadership, fewer judicial nominees have had hearings, mark-ups, committee and floor votes than in 1997, 1999, 2000, 2004 and 2006.  At the same time, well qualified nominees like Peter Keisler for the DC Circuit have been languishing in committee for almost 2 years.  Other nominees like Robert Conrad and Steve Matthews for the Fourth U.S. Circuit Court of Appeals have still not had hearings almost 300 days after they were nominated.

Two weeks ago, Senate Majority Leader Harry Reid promised Republican Senate Leader Mitch McConnell that three judicial nominees would be confirmed by Memorial Day.   To that end, a joint letter from the ranking member on the Judiciary Committee, Senator Arlen Specter, and Senator McConnell was sent to Majority Leader Reid and Chairman Leahy, urging that action be taken on four nominees:  Robert Conrad, Steve Matthews, Peter Keisler and Steve Agee.  These nominees have had  background checks completed, ABA ratings returned, and have received the support of their home state Senators.

As may remember, a few weeks ago, there were positive results when Republican members pushed resulting in the confirmation of Judge Catharina Haynes to a seat on the Fifth Circuit. 

We continue to push for action on President Bush's nominees.  It's our hope that pressure will continue to build on the Senate leadership and that hearings - and up-or-down votes - will ultimately be held for these well qualified nominees.

The issue of judicial nominees remains an important one and we will continue to keep you posted as developments unfold.

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