Confirm
the Judges, Mr. Chairman
"We
must redouble our efforts to work with the President to end the
longstanding vacancies that plague the federal courts and disadvantage
all Americans. That is our constitutional responsibility."
Senator
Patrick Leahy (D-Vermont)
Senator
Leahys stated commitment could not be more urgent. The problem
is it was made on February 22, 2000, when Mr. Leahy was ranking
member of the Senate Judiciary Committee, Republicans held the chambers
majority and Bill Clinton was President of the United States.
Since
Mr. Leahy was granted the powerful chairmanship of the committee,
thanks to the defection of fellow Vermont colleague James Jeffords,
the chairman has failed to fulfill the constitutional responsibility
he once proudly preached. With the end of this years congressional
session drawing near, more than 100 vacancies still exist on the
federal bench 38 of which are considered emergencies. Half
of the judicial slots in the Sixth Circuit Court of Appeals are
vacant, and the important DC Court of Appeals is dangerously undermanned,
working at only two-thirds of its capacity. To add insult to injury,
only half of President Bushs 64 nominees have made it through
Leahys committee and only 21 have been confirmed by the full
Senate.
Despite
Leahys claims to the contrary, the percentage of successful
judicial confirmations this year is significantly lower than in
previous administrations. This according to the Congressional Research
Service (CRS), the nonpartisan research arm for Congress. According
to a recent CRS survey, President Clinton appointed 47 judges his
first year in office and 27 were confirmed, a confirmation rate
of 57 percent. The Senate confirmed 15 of the 24 judges nominated
by President George H. W. Bush his first year in office, a rate
of 62 percent. President Ronald Reagan witnessed 41 of his 45 nominations
confirmed in his first year, an astonishing rate of 91 percent.
The meager 33 percent confirmation rate by this years Democratically
controlled Senate is a disgrace, especially when many of President
Bushs nominees have yet to even receive, or are simply being
refused, a hearing.
Chairman
Leahy, for strictly partisan political reasons, is leading a judicial
blockade against President Bushs nominees. While the number
of hearings has subtly increased, Mr. Leahy continues to deny hearings
to highly qualified nominees who have been objected to and labeled
as "conservative" by special interests on the far left.
It should come as no surprise that these "controversial"
nominees being held in limbo have proven records of upholding rather
than distorting the rule of law.
While
32 of President Bushs nominees have been approved by the Senate
Judiciary Committee as of December 6, none of them can be considered
"controversial." Those 32, assuming the remaining 11 awaiting
confirmation are approved, would only bring his successful confirmation
rate up to 50 percent a percentage significantly lower than
the Presidents recent predecessors.
How
ironic that the partisan judicial litmus tests once shunned by Minority
Ranking Member Leahy under a Clinton presidency are being used by
Chairman Leahy to prevent confirmation of President Bushs
nominees. Instead of expediting appointments to fill judicial vacancies,
Leahys partisan brinksmanship is seriously eroding the efficacy
of the U.S. judiciary to fulfill its duty to protect the individual
freedoms and rights of American citizens.
A
word of advice for the Chairman: "We must redouble our
efforts to work with the President to end the longstanding vacancies
that plague the federal courts and disadvantage all Americans. That
is our constitutional responsibility." Sound familiar?
[Posted
December 7, 2001]
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