Judges & FISA

Judicial nominations and national security - two of the most critical issues we are focusing on right now on Capitol Hill.

As weve been reporting to you, one of the most important issues currently before the U.S. Senate is the confirmation of judicial nominees.  Of particular concern to the ACLJ is what can only be described as an ongoing delay tactic being employed by the Senate leadership on this issue.  As you know, the Senate has a constitutional duty to give Presidential nominees an up-or-down vote.  What continues to be troubling is the Senate's refusal to act.  Many of these judicial nominees have been in limbo for years - waiting for action.  We are continuing to push for movement on this critical issue.

While the delay strategy seems to be continuing, we're delighted to report at least one bright spot in this area.  Catherina Haynes, President Bush's nominee to the U.S. Court of Appeals for the Fifth Circuit, was finally granted a hearing last week in the Senate Judiciary Committee.  There is no question that this is only a small step in the right direction, but it least represents movement on what has largely been a stalled process.

ACLJs Director of Government Affairs, Drew Ryun, attended the hearing and reports that it was an overall success.  Judge Haynes faced questioning from both Chairman Patrick Leahy (VT) and Senator John Warner (VA), but was able to successfully tout her judicial record and present a strong case that she is qualified for the post.  We will continue to monitor this process and push for a vote to confirm Judge Haynes and others who have been nominated.

The other pressing issue before Congress is the now-expired Federal Intelligence Surveillance Act (FISA).  This is the law that allows our intelligence agencies to track the communications of known terrorists.  It is specifically credited for thwarting numerous planned attacks on Americans and is pivotal in our efforts at securing our nation moving forward.  FISA is an important tool in our arsenal to combat terrorism.

Unfortunately, FISA has been allowed to expire due to House Speaker Nancy Pelosis refusal to allow a vote on an extension.  The Senate overwhelmingly approved an extension of the measure, and it is abundantly clear that the House also has the votes to do so, but Speaker Pelosi has refused to schedule a vote.  As a result, the Act has expired and our ability to monitor terrorist activity has now become that much more difficult. 

President Bush this week called on the House to act and warned that if the measure is not reauthorized, we will be a nation at risk.   "We cannot protect our country from terrorist attack," President Bush said during a White House news conference.  The President also said not passing the reauthorization "raises the risk of re-opening a gap in intelligence-gathering."

This is a disturbing failure of the House to exercise its duty to provide security for Americans.  The ACLJ continues to work diligently to encourage an expeditious solution and extension of this important law. 

You can also stay in touch with the news and developments via the website or through our daily radio broadcast, Jay Sekulow Live!