Commentary
Archive (107th Congress)
Center
to Chairman Patrick Leahy:
Adopt
President's Plan to Speed Judicial Confirmations
On October 31,
the Center for Individual Freedom sent a letter to Senate Judiciary
Committee Chairman Patrick Leahy (D-VT) urging him to support President
Bush's recent nonpartisan proposal to streamline and expedite the
judicial nomination and confirmation process.
To read the
Center's letter, click here.
Broken
Promises and Partisan Politics Shed(d) Light
on State of Judicial Confirmation Process
When people think of the U.S. Senate and its history,
the name Strom Thurmond comes to mind. The Senior Republican Senator
from South Carolina has served in the distinguished chamber for
more than 48 years. He is the oldest member ever to serve in Congress;
he will turn 100 in December. But when the 107th Congress adjourns
for the year, Senator Thurmond, who is ailing, will retire...[more]
"I am
telling you under oath that I will conscientiously enforce the law,
including laws and precedent that I dont agree with... I will
tell you with as much conviction as anything, that I believe in
and am committed to the rule of law."
That was the recurring theme voiced by University of Utah Law School
Professor Michael McConnell at his September 18 confirmation hearing
for a seat on the 10th Circuit Court of Appeals before the Senate
Judiciary Committee. He waited more than 16 months for his turn
on the notorious hot seat that has been anything but judicious to
those who preceded him since the Democrats took control of the committee
more than a year ago ...[more]
Owens Defeat Draws Line in the
Sand
The
battle over the confirmation of President George W. Bushs
nominations to the federal bench has been anything but routine.
However, a nominee who has served as a state supreme court justice
over the past eight years, elected to a second term with 84 percent
of the vote and with the endorsements of every major newspaper in
the state, should clear the Senates "advise and consent"
hurdle with relative ease. Add to that a unanimous "well-qualified"
rating from the American Bar Associations Committee on the
Judiciary, the support of colleagues, a bipartisan group of 15 former
state bar presidents, both her states senators and a majority
in the U.S. Senate and you have a shoo-in, right? ...[more]
John
McCain Strikes Again
Who
in the World is Ellen Weintraub?
President
George W. Bushs judicial nominees face yet another hurdle
in the U.S. Senate Senator John McCain. The
Arizona Republican has placed a hold on all nominations pending
before the Senate, including 17 judicial nominees. And the "maverick"
senator is vowing to prevent any action on their confirmations until
the president assures him that Ellen Weintraub will receive a recess
appointment to a seat on the Federal Elections Commission (FEC)
during Congress upcoming August break...[more]
One
Nation Under Siege by Establishment Clause Revisionism
A
nation at war, which continues to mourn its fallen heroes from 9-11,
wrapping itself in the collective comfort of a renewed spirit of
patriotism, was rudely awakened yesterday morning to news that the
Pledge of Allegiance is unconstitutional. In response to that ruling
out of the U.S. Circuit Court of Appeals for the 9th
Circuit, Center Executive Director Eric Schippers released this
statement...[more]
Estrada
Memos Deserve More Privileges: The Debate over the Role and Obligations
of Government Lawyers
"All
lawyers, whether they are White House lawyers, or private lawyers,
or Justice Department lawyers, are bound by the same ethical obligations."
An
attorney made that comment in a high-profile case involving the
role and obligations of a lawyer in keeping confidential legal advise
given to a client. Was it made in the Arthur Andersen document-shredding
case involving Nancy Temple, the Andersen lawyer who advised her
client not to put something in writing? Was it made by Daniel Bryant,
assistant attorney general for legislative affairs, in reference
to Senator Patrick Leahys request for litigation memorandums
written by appeals court nominee Miguel Estrada?...[more]
Center
to Senate Majority: Confirm the Judges
On the one-year
anniversary of the day President George W. Bush sent his first 11
judicial nominees to the Senate for confirmation, the Center joined
more than 50 organizations and 29 U.S. Senators at a Capitol Hill
press conference to urge Majority Leader Daschle and Chairman Leahy
to end the partisan politics and expedite the confirmation process.
To read the
Centers press release, click here.
The
Politicalization of Justice
U.S
federal courts are in crisis, primarily due to overloaded dockets,
escalating judicial vacancies and the refusal of Senate Democrats
to move the confirmation process. Instead, the Democrats seek to
institutionalize ideology as the benchmark and character assassination
as the means to fundamentally alter the constitutional integrity
of "advise and consent."...[more]
(Not)
Another Hallmark Holiday
May
1, 2002 marked the 45th commemoration of National Law
Day. In recognition, like many of his predecessors, President George
W. Bush issued a proclamation, calling on all Americans to "reflect
on the vital work performed by our Federal Judiciary in upholding
the rule of law and on the importance of a robust and independent
judiciary in our system of government." The president also
sent his 100th judicial nominee to the U.S. Senate...[more]
Confirmation
Watch Update
The
judicial confirmation process continues to stall in the Senate,
and it appears the war over several embattled nominees has only
just begun. This week, Judiciary Committee Ranking Member Orrin
Hatch (R-UT) invoked his right under Senate rules to delay, for
one week, the scheduled committee vote of Judge Charles Pickering,
the presidents nomination to the Fifth Circuit Court of Appeals.
He did so with the hope that at least one of his Democratic colleagues
on the committee will change his mind on Pickerings nomination.
As it stands now, the move may only delay the inevitable, as the
vote is all-but-certain to be a party-line 10-9 vote against the
nomination...[more]
Center
Urges End to Partisan Blockade of President Bush's Judicial Nominees
The
Center for Individual Freedom (CIF) today (February 7, 2002) urged
Senate Majority Leader Tom Daschle (D-SD) and members of the Senate
Judiciary Committee to expedite the judicial confirmation process
and reject political and ideological litmus tests as standards for
confirming judicial nominees...[more]
Center
Joins Independent Womens Forum in Urging Majority Leader to
Confirm Judicial Nominees
On January
21, the Center joined the Independent
Womens Forum and more than 40 law professors, legal professionals,
former government officials, and policy experts in urging Majority
Leader Tom Daschle (D-SD) to "act with all deliberate speed
to conduct hearings and schedule floor votes on all of the Presidents
judicial nominees." The letter was also sent to Senate Judiciary
Committee Chairman Patrick Leahy (D-VT) and Ranking Minority Member
Orrin Hatch (R-UT), and reproduced as an ad in the January 21 edition
of Roll Call. To read the letter, click
here.
Confirm
the Judges, Mr. Chairman
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...[more]
The
Politics of 2002
A
year plagued by war, recession, bioterror attacks and political
bickering ended with a considerable amount of unfinished business
in the nations capitol by design. Memories of bipartisan
pledges faded as Congress abandoned unity and cooperation with not
even a wink and a nod...[more]
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