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FOR IMMEDIATE RELEASE: May 2, 2007
CONTACT: Curt Levey, (202) 270-7748
clevey@committeeforjustice.org
May Finds Dems in the Hole on Judges Timetable
Shortfall Threatens Senate Peace on Judges Issue
WASHINGTON, DC - The Committee for Justice (CFJ), which promotes constitutionalist judicial nominees and the rule of law, commented today on the failure of Senate Democrats to stick to the promised pace of judicial confirmations and called on them to make amends by confirming at least two appeals court judges in May.
"April has come and gone without the confirmation of any appeals court judges," noted CFJ executive director Curt Levey. "Sens. Leahy and Reid are well aware that at least one appeals court nominee must be confirmed each month if they are to deliver on their commitment to Republicans to confirm 17 appeals court judges in 2007-08." Seventeen is the average number of such confirmations during the final two years of the Reagan, Bush I, and Clinton presidencies, during all of which the Senate was controlled by the opposition party. "Were that number to suddenly decline during this president's last two years, senators will have a lot of explaining to do," Levey predicted.
"We commended Senate Democrats for meeting the one-a-month minimum in February and March," Levey pointed out. "Along with Senate Republicans, we accepted it as evidence that a quiet, behind-the-scenes approach would get the job done. But if the Democrats prove us wrong, the judges issue is likely to become the highly visible point of contention it was in recent years."
"When the judges issue was on the front burner in the 2002 and 2004 elections, it worked against the Democrats," Levey noted. "Sticking to their commitment would be smart politics for Senate Democrats, as well as the right thing to do given the large number of judicial vacancies that have been declared 'emergencies' by the Administrative Office of the U.S. Courts."
Levey explained that "much of the blame for falling short in April lies with Judiciary Committee Chairman Pat Leahy. Sen. Leahy found the time at his committee's last meeting to take up the designation of May as 'National Autoimmune Disease Awareness Month' and June 20 as 'American Eagle Day.' But somehow there was no time to vote on either of the appeals courts nominees who have already had hearings. Had Leahy found the time, an April confirmation would have been possible."
"Sen. Leahy likes to claim that he is at least the equal of Republican committee chairs in moving the President's judicial nominees, but in April he fell short of even the minimum standard," Levey added. "Moving one judicial nominee through the Judiciary Committee and full Senate each month is not a lot to ask for. If Leahy, Reid, and company can't even deliver on that, then it's time for Senate Republicans to turn up the pressure. We commend Sen. Kyl (R- Ariz.) for raising the slow pace with Leahy at the last committee meeting and trust that Kyl's colleagues will follow suit."
Levey concluded on a positive note: "I for one am willing to give Senate Democrats the benefit of the doubt for why they fell short in April. I'm not ready to conclude that the cooperative approach to judges has failed. That's why I am hopeful that the Democrats will demonstrate good faith on their commitment by allowing two appeals court judges to be confirmed in May."
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