Congress Returns to Face Judicial Nominees & Critical Legislation

It will be a short - but important session as Congress returns to Washington with just 19 days left on the legislative calendar for this Congress.  Senate leadership has put together an aggressive agenda before the session ends later this month. Judicial nominations will move through committee and we're hopeful that several nominees will go to the Senate floor for an up-or-down vote.

One of the judicial nominees on the front burner is Peter Keisler, President Bush's nominee for a position on the U.S. Court of Appeals for the D.C. Circuit.  It appears Keisler will get an up-or-down vote on the Senate floor this month.  Less certain is whether several other nominees will get up-or-down votes -- Michael Wallace for the seat on the Fifth Circuit as well as Terrence Boyle and William Haynes for opening on the Fourth Circuit. 

There are other nominations in the spotlight as well.  It does appear that John Bolton, US Ambassador to the United Nations, will receive a vote in Senate Foreign Relations Committee. With the support of Senator George Voinovich, who voted against Bolton in last year's committee vote and the promise of no filibuster from Senator Charles Schumer, it appears likely that we will finally see the confirmation of John Bolton for this important post he has served in now for some time.  Ambassador Bolton has done an exceptional job in handling some of the most pressing hot spots around the world - including the turmoil in the Middle East, as well as ongoing challenges with North Korea and Iran.

There are several legislative issues to keep an eye on during this abbreviated session:  There appears to be some movement on Senator Sam Brownback's Public Expression of Religion Act.  It is possible this measure could be attached as an amendment to a must-pass bill.  That could happen before the end of this session.  The legislation is very important because it would hamper the ACLU's ability to intimidate school districts, cities and states by making it law that both sides in an Establishment Clause case would pay their own attorney's fees. This effectively reverses the process of the ACLU being awarded fees when they win Establishment Clause cases.  It is the threat of paying these fees that has resulted in some school districts, cities and states settling litigation instead of moving forward with the challenges in court.

And, according to Drew Ryun - the Director of Government Affairs for the ACLJ - the Defense Authorization bill is now in conference. This is important because this bill contains language that would protect the right of military chaplains to pray in both public and private settings according to their own faith. In other words, if they want to pray in the name of Jesus, they would be permitted to do so and not face any disciplinary action from a superior officer. The ACLJ is working with members of the House and Senate to ensure that the language remains in the bill as it proceeds through conference. It is difficult to tell whether this measure will get consideration before the end of this session - or will have to wait until after the elections in November.
 
At the same time, the ACLJ is working hard to make sure the rights of pastors are protected during this election season. Pastors must have the authority to speak out on the moral and political issues of the day - issues that matter most to you and your family.  The ACLJ Office of Government Affairs continues to work with members in the House and Senate to make sure that Congressman Walter Jones' Houses of Worship measure (HR 235) moves from becoming a talked-about piece of legislation to a law that protects the free speech of pastors.

Like the other issues mentioned in this report, we will keep you posted as developments unfold.