Quote:Many of these Demcorats are saying that they're not doing anything to George Bush's appointments that Republicans didn't do to Clinton's appointments. They're lying. I could not find one instance in our history where either party conducted a filibuster in the Senate to prevent a vote on a judicial confirmation where that judge had already been approved by the Senate Judiciary Committee and where there were a majority of votes on the Senate floor to confirm.
You really ought to look further than Foxnews.com in order to find FACTS before you start shooting your mouth off about things you do not know, Mssr.
Order and the Courts
By E.J. Dionne Jr.
Today is the second anniversary of President Bush's nomination of Miguel Estrada to the U.S. Court of Appeals.
Republicans claim it's outrageous that Senate Democrats are filibustering Estrada's nomination and won't just fall in line behind all of President Bush's judicial nominees. But if the Democrats simply let everyone through, they would have no claim to being a legitimate opposition.
Here are some facts on judicial nominations. The number of Bush circuit court nominees the Senate has confirmed: 22. The number of Bush nominees confirmed to the district courts: 101. The number of Bush judicial nominees currently being filibustered: 2. The claim that Democrats are being obstructionist: priceless. And laughable.
The Republican assault on Senate Democrats for using filibusters to block those two circuit court nominees -- Estrada and Texas State Supreme Court Judge Priscilla Owen -- is inconsistent with the GOP's own past behavior on presidential nominations.
Under Senate rules, it takes 60 votes in the 100-member body to shut down a filibuster. That means that those who engage in the practice are insisting that an issue is so important it should take a supermajority to reach a result.
Republicans have been happy to make this claim on nominations when Democrats were in the White House. They famously used a filibuster to kill Lyndon Johnson's nomination of Abe Fortas as chief justice in 1968. They had no qualms about using the filibuster to kill President Clinton's nomination of Henry Foster as surgeon general in 1995. Sam Brown, a leader of the movement against the Vietnam War, saw his ambassador-level nomination to head the American delegation to the Conference on Security and Cooperation in Europe blocked by a filibuster in 1994.
And filibusters aside, Republicans certainly didn't defer to all of Clinton's judicial nominations. Fifty-five Clinton judicial nominees never got a hearing and 10 more never got a vote in the Judiciary Committee.
So Republicans, including many now still serving in the Senate, once thought it perfectly appropriate to filibuster nominations by Democratic presidents. Now they are declaring their earlier view inoperative where Bush's judges are concerned.
Maybe that's why Republicans left it to two freshmen, Sens. Lindsey Graham of South Carolina and Saxby Chambliss of Georgia, to put out word that they were considering filing a preposterous lawsuit to block filibusters of Bush's judicial nominees.
Republicans claim to be strict constructionists who oppose reading into the Constitution words that aren't there. That has not stopped Chambliss from arguing that because the Constitution requires a two-thirds majority to approve treaties but does not mention this for judicial nominees, the "implication" is that only a simple majority should be required for judges. "Where it is silent means it only requires a majority vote," Chambliss told the newspaper Roll Call.
So much for strict construction. Chambliss's view of the Constitution is about as accurate as the content of the wretched advertisements he ran against former senator Max Cleland, the disabled Vietnam hero he defeated last year.
This sudden Republican respect for simple majorities is remarkable in other respects. "If majority rule were the golden rule," says Sen. Charles E. Schumer, a New York Democrat, referring to Republicans, "then they'd be supporting Al Gore for president and be for abolishing the electoral college."
Schumer has suggested a way to end gridlock and partisanship over judicial nominations. He notes that Article II, Section 2 of the Constitution says that appointments should be made "with the advice and consent of the Senate." Today's problems are rooted partly in the fact that there is no formal mechanism through which a president can hear the Senate's advice.
Schumer proposes the creation of bipartisan nominating commissions, similar to those used for judgeships in many states, to put forward nominees for district and circuit courts. Such nominees, he says, would be easily confirmed, and would likely be less ideological than either liberals or conservatives might prefer.
"I believe that judges should be moderate," Schumer says. "I remember when I was young arguing that judges shouldn't make law -- even in the days when they were making law I liked."
Whether Schumer's idea could work in practice, he's identified the problem correctly. There is a desperate need now for moderate judges and for less partisanship in the nominating process. If Bush were willing to reach out and consult with his opponents, the judicial wars would end. Until that happens, the filibuster is the only way to prevent the president from creating a federal judiciary dominated by ideologues of his own persuasion, appointed to satisfy his political base.