Judicial Confirmations...it's all in the how you look at it

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rlg94086

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On a seperate thread, the figure of 95% approval of Bush’s judicial nominees was thrown around. That’s all fine-and-dandy, if you look at all levels of the judiciary. Narrow it down to District Court Judges, and you have a different story.

Robert.
 
rlg94086 said:
dalythoughts.com/index.php?p=2983

On a seperate thread, the figure of 95% approval of Bush’s judicial nominees was thrown around. That’s all fine-and-dandy, if you look at all levels of the judiciary. Narrow it down to District Court Judges, and you have a different story.

Robert.

Correct-only 56% of Bushs District court nominees have been confirmed-the lowest in History. And ALL of these rejected judges have one thing in common-they do not have a histroy of unconditional support of abortion. The Democrats will not allow a Catholic who adheres to Church teachings to serve as a Distict Court Judge or the Supreme Court Justice. In effect the demorats have imposed a religious test for judges.
 
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estesbob:
In effect the demorats have imposed a religious test for judges.
correctomundo.
 
From that chart, it looks like Bush is getting about the same success rate that Clinton got.
 
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estesbob:
The Democrats will not allow a Catholic who adheres to Church teachings to serve as a Distict Court Judge or the Supreme Court Justice. In effect the demorats have imposed a religious test for judges.
YEP! That is why Fr. Pavone made a plea today that we call our Senators and ask for an up an down vote on all nominees.
 
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Digitonomy:
From that chart, it looks like Bush is getting about the same success rate that Clinton got.
Except that NO, let me repeat, NO Clinton nominees were filibustered in the Senate after coming out of committee!! Blocked in commitee?? Sure. EVERYTHING gets gummed up “in commitee”.

Here, we have nominees ON THE FLOOR, voted out of commitee, awaiting an up/down vote (after debate, which is proper), and in the interest of justice THEY SHOULD FINALLY GET ONE!!!

NEVER (except once in the late sixties, and that judge withdrew, knowing he was in for a tough go) have judicial nominies been denied a simple up/down vote through a fillibuster.
 
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Digitonomy:
From that chart, it looks like Bush is getting about the same success rate that Clinton got.
Clinton didn’t face a minority challenge in his later terms and most of his renominated judges were confirmed.
In aggregate, President Clinton nominated 90 people to be Circuit Court justices during the four Congresses during his term. 66 were eventually confirmed. The eventual confirmation rate for his nominees was 73%. He had 13 nominees who were returned but eventually confirmed; 12 of those were confirmed by the subsequent Congress. Of the 20 returms that Clinton had during his first three Congresses (where he would be in term for a subsequent Congress), he renominated 16 (80%) of them. Over 80% of them were eventually confirmed, with a full three quarters confirmed in the very next Congress.
In the 107th Congress, President Bush nominated 31 new people to be Circuit Court justices. 19 have eventually been confirmed, for an eventual confirmation rate of 61.2%, compared to Clinton’s 100% eventual confirmation rate for his first Congress’ nominations. Only two of President Bush’s renominations were confirmed by the subsequent Congress– 15.4%.
Also see… professorbainbridge.com/2005/04/obstructionism.html

Robert.
 
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jlw:
Except that NO, let me repeat, NO Clinton nominees were filibustered in the Senate after coming out of committee!!
Of course not. Republicans controlled the committees, so there was no need for theatrics on the floor.

As for the stats from rlg, I think it’s only fair to take out the numbers from the 103rd Congress, when Clinton got 19 out of 22 nominees confirmed, since it was a Democratically controlled Senate, and the Republicans were not yet feeling their oats and trying to block Clinton’s nominees. In the remaining three Congressional terms, Clinton got 46 out of 83 nominees confirmed, or 55%, by the Republican-controlled Senate.

I think the policy of trying to block presidential nominees merely on ideology is simply petulant. I opposed it when the Republicans did it under Clinton, and I oppose it now that the Democrats are doing so. It’s true the Democrats are using a slightly different tactic, as jlw noted. However, I find the argument that Democrats are now committing a great evil while Republicans under Clinton were responsibly exercising their discretion as committee members to be unpersuasive.
 
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Digitonomy:
Of course not. Republicans controlled the committees, so there was no need for theatrics on the floor.

As for the stats from rlg, I think it’s only fair to take out the numbers from the 103rd Congress, when Clinton got 19 out of 22 nominees confirmed, since it was a Democratically controlled Senate, and the Republicans were not yet feeling their oats and trying to block Clinton’s nominees. In the remaining three Congressional terms, Clinton got 46 out of 83 nominees confirmed, or 55%, by the Republican-controlled Senate.

I think the policy of trying to block presidential nominees merely on ideology is simply petulant. I opposed it when the Republicans did it under Clinton, and I oppose it now that the Democrats are doing so. It’s true the Democrats are using a slightly different tactic, as jlw noted. However, I find the argument that Democrats are now committing a great evil while Republicans under Clinton were responsibly exercising their discretion as committee members to be unpersuasive.
The Republicans did not fillibuster any up or down votes on judicial nominees for Clinton. The circuit judges that made it through committee were voted upon. The fact that the Republicans had more control than the Democrats in committee is indicative of the will of the people as the legislators were voted in by the people. Simply because the Republicans have even more control now as a result of gaining the presidency through the further will of the people is no reason to assume Republicans would have plugged the democractic process by fillibustering nominees under Clinton and no excuse for Democrats to plug the process today.

For a group of elected representatives to collectively decide not to nominate someone is fair and appropriate. For a minority of elected representatives to not allow the larger group to vote on a nomination is inappropriate, unfair and unethical.
 
It’s true the Democrats are using a slightly different tactic, as jlw noted
A “sightly different tactic”???

You mean, UNPRECEDENTED in our Constitutional history???
 
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jlw:
A “sightly different tactic”???
You mean, UNPRECEDENTED in our Constitutional history???
Yes, that’s what I mean!!!
Perhaps you should put it in a larger font, with flashing colors. As for unprecedented, someone mentioned that it happened once before - in fact, that was you.

I believe it was also unprecedented for the Republicans to try to block so many of Clinton’s nominees, and run out the clock until a president of their own party took power. The fact that the Republicans did it before them, doesn’t make it right for the Democrats to use a procedural method to thwart an up-or-down vote on the President’s nominees solely on ideological grounds.
 
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Digitonomy:
Yes, that’s what I mean!!!
Perhaps you should put it in a larger font, with flashing colors. As for unprecedented, someone mentioned that it happened once before - in fact, that was you.

I believe it was also unprecedented for the Republicans to try to block so many of Clinton’s nominees, and run out the clock until a president of their own party took power. The fact that the Republicans did it before them, doesn’t make it right for the Democrats to use a procedural method to thwart an up-or-down vote on the President’s nominees solely on ideological grounds.
Huh?? blocking nominee IN commitee is one thing, but once out of committee…they should get a vote. When the Republicans “ran out the clock” at the end of Clinton’s term, what did Bush do??

A Little Forgotten History
A. Berenson 05/13 09:11 AM] In thinking about how we got to the point where the Senate may need to act to eliminate judicial filibusters, it’s worth remembering a little history from the beginning of this administration.

Four years ago this past Monday, on May 9, 2001, President Bush held an event in the East Room to introduce to the country and to the Senate his first 11 nominees to the federal bench. He invited leaders from both parties. I distinctly remember seeing Senator Leahy — then chairman of the Judiciary Committee — in the room. There were a record number of judicial vacancies, including numerous judicial emergencies designated by the non-partisan Administrative Office of the U.S. courts, and President Bush had moved with record speed to get a slate of nominees up to the Senate.

The president presented a slate of well-qualified, mainstream nominees. The slate was racially diverse. It included a mix of men and women. And, perhaps most importantly, it included both Republicans and Democrats. People forget this, but two of the original eleven were judges originally nominated by President Clinton: Roger Gregory and Barrington Parker. In the case of Judge Gregory, it was the first time in history that a president had re-nominated a failed circuit-court nominee originally nominated by his predecessor from the other political party. This was unprecedented and highly significant, and it was intended to send a message. It was an olive branch. The president highlighted it in his speech that day, asking the Senate to move beyond the bitterness of the past in the judicial wars and to start afresh in a spirit of cooperation and good faith.

The Democrats took the olive branch the president extended and slapped him in the face with it. They immediately held hearings for, and confirmed, the two Democrats among the nominees and then held up the rest, refusing even to hold hearings for a long time on most of them. They then complained incessantly (and, for the most part, falsely) about not having been adequately consulted by the White House with regard to these nominations. And they executed the play suggested by Professor Tribe, Marcia Greenberger, and others at a Democratic strategy session on how to block Bush judicial nominations — a session held before the president had even taken office — when they scheduled hearings under Senator Schumer to try to legitimize the notion that judicial nominations could be blocked on ideological, rather than competence grounds.

This sent the strongest possible message to those of us in the White House that there was no interest at all in cooperation or good faith from the Democratic side and that they were determined from the start to try to frustrate the new president’s efforts to fill judicial vacancies. The Democrats were alarmed that the president had begun by focusing on appellate appointments; that those appointments were concentrated in circuits where the partisan balance was close; and that the president appeared determined to appoint highly qualified minorities and women, such as Miguel Estrada and Priscilla Owen.

The president tried to change the tone, but he was shouted down. This is where the genesis of the conflict that has led us to the brink of the nuclear option really began, at least in this administration. When the Democrats later lost the Senate, they simply shifted tactics, using the filibuster to accomplish what they could no longer use control of the Judiciary Committee to do.

The ultimate proof that the Democrats escalated this conflict beyond all reasonable or defensible proportions is this: Today, more than four years after the East Room event, three of the original eleven nominees still have never received an up-or-down confirmation vote in the Senate.
 
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Digitonomy:
Yes, that’s what I mean!!!
Perhaps you should put it in a larger font, with flashing colors. As for unprecedented, someone mentioned that it happened once before - in fact, that was you.

I believe it was also unprecedented for the Republicans to try to block so many of Clinton’s nominees, and run out the clock until a president of their own party took power. The fact that the Republicans did it before them, doesn’t make it right for the Democrats to use a procedural method to thwart an up-or-down vote on the President’s nominees solely on ideological grounds.
As I said in my previous post, there is no comparison here. The Republicans used their appropriate majority in the senate to decide whether to bring nominations to the floor. The Democrats are acting as a desparate lot of minority tyrannists by not voting on nominations. The Republicans had the majority. Now they have the presidency. The Democrats have LOST but they refuse to play the game fairly and will not leave the field or give up the ball. What they need is some discipline from real authority.
 
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