I understand that Senators Levin and Stabenow are frustrated that some of Clinton's nominees were denied a vote. But now is the time to move forward...

Judicial Nominees:
Levin, Stabenow must help end deadlock; it clogs up courts

By The Honorable Mike Cox

"He broke it."

"No, she did."

"But he started it."

Is this the typical "conversation" I hear every night when I get home to my three youngest kids? Nope.

Unfortunately, this is the essence of the debate that the U. S. Senate, including our own U.S. Senators Carl Levin and Debbie Stabenow, is having over blocking a vote on President George W. Bush's judicial nominees to the federal court of appeals.

What's the truth? Well, both sides are right, but as I tell my kids: Who cares? Just stop the bickering and fix it.

Here's what got us to this point:

In 1992, then-President George H.W. Bush had two Michigan nominees blocked (including Henry Saad, who has been re-nominated by President George W. Bush).

During President Bill Clinton's presidency, two of his Michigan nominees were never voted on in the Senate.

Today, four Michigan judges are being stonewalled due to partisan bickering.

This senatorial stalemate is directly impacting the U.S. 6th Circuit Court of Appeals, which covers cases from Michigan, Ohio, Kentucky and Tennessee.

Michigan judges traditionally hold each of the four current vacancies on the 16-judge court. The prolonged vacancies pose two critical problems for Michigan.

First, Michigan has been left with less of a voice on the 6th Circuit Court of Appeals. Simply put, we need people on the bench who know the difference between a Great Lake and Lake Champlain, and that the Mighty Mac isn't McDonald's newest hamburger.

Second, the court cannot handle its caseload with 25 percent of its judgeships vacant. Just imagine how safe you would feel rushing to a hospital that only had three-quarters of the nurses and doctors on hand.

A little unsettling isn't it?

My office currently has more than 450 cases in front of the 6^th Circuit. These cases affect every person in Michigan and involve millions of taxpayer dollars. That doesn't even include the hundreds of cases involving private citizens.

And, if you think this court crisis doesn't impact you, think again. Consider that the 6th Circuit has recently dealt with issues like:

— Your chances of getting into college (Grutter, et al. v. Bollinger, et al.: the affirmative action admission policies at the University of Michigan).

— Your tax dollars going to purchase illegal drugs (Marchwinski v. Howard: the ability of the state to drug test welfare recipients).

— The affordability of life-saving medications (State of Ohio, et al. v. Bristol-Myers Squibb Co.: an anti-trust lawsuit that involved a drug company keeping a cheaper, generic chemotherapy drug off the market).

The breakdown in the confirmation process is making it nearly impossible for ordinary, everyday folks to have their cases heard.

Frankly, the system is broken, the partisanship has to stop and the erosion of day-to-day justice must be reversed.

We need a fresh start. I urge Senators Levin and Stabenow to lead the way.

The current nominees to the court are not controversial, but rather enjoy bipartisan support and are well known in the legal community as excellent jurists.

One example is Judge Henry Saad, the first Arab American in our nation's history ever nominated to this prestigious court. In the past, he has received support from groups as diverse as the United Auto Workers and the Chamber of Commerce. Despite his credentials and widespread support, the Senate has refused to vote on his nomination.

If the senators don't like a nominee, then they should vote that person down. But when the Senate blocks votes, they hold the judicial branch hostage and violate the separation of powers principle upon which our Constitution is founded.

I understand that Senators Levin and Stabenow are frustrated that some of Clinton's nominees were denied a vote. But now is the time to move forward — if not for the current nominees then for the sake of all future nominees.

The president has proposed a new nomination and confirmation system that would guarantee a timely up or down vote regardless of which party controls the White House or which party controls the Senate.

It's a step in the right direction. I urge Levin and Stabenow to join with the president in this nonpartisan solution.

Mike Cox is the Attorney General of the State of Michigan. The above statement was made on July 10, 2003.

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