As part of the judicial revolution of the last 35 years, judges have become more politicized, that is, more willing to inject their personal ideology and policy preferences into their jurisprudence, regardless of the law’s actual text, intent, or historical understanding. Such activism has no place in a non-partisan judiciary, but some political groups favor it because it advances their agendas. In part because of this politicization of the judiciary, dozens of radical interest groups now exist in Washington, DC to pressure the Senate to confirm judges who will advance their favored political agenda, and to keep neutral constitutionalist judges off the bench.
This radical coalition and its Senate allies, which cut its teeth attacking Supreme Court nominees Robert Bork and Clarence Thomas, has declared war on President George W. Bush's nominees to the federal courts, especially to the important Circuit Courts of Appeal. While they cannot block every nominee, they have convinced Senate Judiciary Committee Democrats to attack and delay many of the brightest and most talented nominees, particularly those who are young minorities and women, to prevent them from becoming future potential Supreme Court candidates.
In 2003, at the behest of these radical groups, Senate Democrats broke new ground by engaging in the first permanent, minority filibuster of a judicial nominee to prevent his confirmation. Never before in American history had judicial nominees who had attained bi-partisan majority support on the Senate floor been permanently blocked by a stubborn minority. This unprecedented obstruction effectively amended the Constitution to create a 60-vote standard for all judicial nominees, despite two centuries of precedent that a bare majority vote was required.
Of 33 presidential nominations to the Circuit Courts of Appeals in the 108th Congress, so far only 13 have been confirmed. Six have been filibustered, and the remaining 14 are being slow-walked in hopes of running out the clock. At least eight of these 14 have been signaled as potential future Democratic filibuster candidates, if they make it out of the Senate Judiciary Committee to the Senate floor.
©
2008 The Committee for Justice | info@committeeforjustice.org
| Contact Us
1920 L Street, N.W., Suite 200
Washington, DC 20036 | Phone: (202) 270-7748
