1 Jonathan Ringel, “Conservative AG Would Be Controversial 11th Cir. Pick,” Fulton County Daily Report (Jan. 8, 2003).
2 See Law Professors’ Letter of July 13, 2001. A full copy of the letter, which elaborates further on these criteria, is available from People For the American Way.
The Senate Rules Committee is holding a hearing on Thursday, June 5, to discuss a resolution by Sen. Majority Leader Bill Frist that would effectively eliminate the use of the filibuster for all nominations requiring the Senate’s approval. Rules Committee Chairman Trent Lott has recently called for an even more radical step by Senate Republicans – the so called “nuclear option” – which would entail the naked abuse of power to overturn longstanding Senate rules that protect against the abuse of power by narrow majorities.
It is considered likely that at least one member of the U.S. Supreme Court will resign when the current term ends this month, and it is quite possible that the vacancy or vacancies this summer will be the first of three or four openings on the Court over the next several years. At stake in the appointment of new Supreme Court justices is the law of the land for the next generation – or longer. At risk are many of the great social justice achievements of the 20th Century.
Two far-right justices, Antonin Scalia and Clarence Thomas, have led the destructive revival of a once-discredited “states’ rights” approach to the Constitution. A series of 5-4 decisions have embraced new theories advanced by right-wing legal advocates affiliated with the Federalist Society, weakening federal civil rights protections and declaring other urgent issues off limits to action by the U.S. Congress.
The White House, its right-wing allies, and some Senate Republicans are waging a pre-emptive war designed to eliminate one important tool at the disposal of senators concerned about extremist Supreme Court nominees – the Senate filibuster.
Regrettably, President Bush’s statement on judges was a demonstration of Orwellian doublespeak. First, he claims that there is a judicial vacancy crisis when vacancies are actually at their lowest rate in 13 years. Second, he claims that the Senate has been obstructionist when it has confirmed more than 120 judges since July of 2001 and has only filibustered two.
Judiciary Committee Democrats United in Opposing Right-Wing Ideologue
for U.S. Court of Appeals – Tough Floor Fight Expected
Federal appeals court nominee Carolyn Kuhl, passed out of the Judiciary Committee on May 8, along party lines, has never resolved serious concerns about her record and legal philosophy. In addition, a new People For the American Way report shows that Kuhl gave inaccurate and misleading answers to senators' questions at her confirmation hearing.
The April 1, 2003 hearing on Carolyn Kuhl’s nomination to the United States Court of Appeals for the Ninth Circuit not only failed to dispel the serious concerns that had been raised about her record, but in fact reinforced them. This is true with respect to each of the three fundamental areas of concern about Kuhl’s record: women’s rights and reproductive freedom; other civil rights issues; and access to justice. Combined with the concerns previously raised by Kuhl’s record, it is clear that her confirmation should be rejected.