SharksWithLasers -- Seth Cooper

A CUTTING-EDGE BLOG FOR THE WORLD OF THE 21st CENTURY, Currently operated by Seth L. Cooper, a 27 year-old attorney in Seattle (sethlcooper at comcast dot net)

Thursday, May 26, 2005

REPUBLICANS TAKE RAW DEAL ON JUDICIAL NOMINEES? I would count myself as one who is very skeptical of the Senate Republican's recent deal with the Senate Democrats concerning judicial nominees, Senate fillibustering and Senate Rule changes. Make no mistake: I am glad that Justice Priscilla Owen was recently confirmed by the Senate and I am likewise elated that both Justice Janice Rogers Brown and Judge William Pryor will receive confirmation votes before the full Senate. But this is a big part of Senate's are supposed to do: take votes.

True, the Dems look less-than-admirable by showing their willingness to let supposed "extremists" on the bench. It shows that their charges against three qualified nominees were all a ruse. But the Republicans might be making things more difficult for themselves down the road, when the Dems presumably fillibuster all the remaining circuit court of appeals nominees in question.

And then there's the issue of the next U.S. Supreme Court nominee. I would expect the Dems to FILLIBUSTER there, too. So the big question will remain whether or not the Republicans will take serious action should the Dems not live up to their side of the bargain. Not to mention a deeper problem: is the agreement too open-ended to give the Republicans solid traction in responding to Dem obstruction on other nominees to the federal judiciary?

The agreement still allows for Dem fillibustering in "extreme" cases. But Sens. Schumer, Leahy and Ted Kennedy all sound like broken records when it comes to that word. They say "extreme" or "extremist" ALL THE TIME. Why would Republicans want to let those three guys determine what the mainstream is? The most recent Presidential and congressional eletions give a far better indication of what the mainstream is--and its not in line with Schumer, Leahy & Kennedy.

Talk about the recent bi-partisan deal continues. "Admission of Guilt," by Senator John Cornyn remains one of the best reads on the subject--although I give honorable mention to Prof. Douglas Kmiec for "Forfeiting Principle."

(North Seattle--Green Lake, WA)

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