People For the American Way President Ralph G. Neas said that Sen. Orrin Hatch’s recent speech on the Senate floor repeatedly denouncing People For the American Way and describing the Federalist Society as a group of lawyers concerned only with encouraging debate on legal issues was “unfortunate, unfair, and inaccurate.” Neas released a letter to Sen. Hatch as well as a recently updated copy of a People For the American Way Foundation report on the Federalist Society, which examines the group’s influence on the Bush administration’s judicial selection process.
Comparing the current situation to the prevailing practice under President Clinton makes it clear that Republicans are attempting to change the rules governing their handling of federal court nominations. In analyzing this controversy, it is important to note that unlike the blockades of four years and more produced by Senate Republicans, not a single case of Democratic abuse of the blue slip policy has been suggested. At this point, Republicans have offered no good reason to change the rules, other than their desire to push through as many right-wing judicial nominees as quickly as possible while the Senate remains in their hands. As the New York Times explained on April 27:
[T]he blue slip policy [should not be abandoned] completely and give the Republicans carte blanche to ram though ideologically driven nominees who could reshape the federal judiciary for a generation to come…[J]udicious use of the blue slip policy [can help] to secure a balanced array of nominees that includes centrists along with conservatives…
Under the current circumstances - despite the brief period in which the blue slip policy was misused to create judicial gridlock - the policy is one of the few mechanisms that can encourage leaders of both political parties to reach consensus on nominees, as occurred in the early years of the Clinton administration. The public has much at stake in this debate. With one party effectively controlling the White House and the Senate, any mechanism that contributes to “checks and balances” helps to ensure against judicial appointments that reflect a narrow, partisan ideology. In addition, there are ample signs that Democrats on the Judiciary Committee would use the blue slip policy with an appropriate degree of restraint. In a recent letter to President Bush, the nine Democrats on the committee proposed six guidelines to ensure a more productive relationship in deciding on federal court nominees. The guidelines made reasonable requests, for example, asking that the White House “give serious consideration to individuals proposed by as possible nominees” and that the administration “[c]onsult with home state senators and the Judiciary Committee … with enough time to allow senators to consider the potential nominee and provide a meaningful response to the administration before any formal clearance on the prospective nominee is initiated.” In the absence of other mechanisms, the blue slip policy currently offers the kind of leverage that can bring both sides together and force consultation to happen - thus, increasing the odds that the process produces mainstream judges to serve on our federal courts, and assuring an uneasy public that it can have confidence in the process and in the judges it produces.
President Bush today sent the Senate 30 nominations for lifetime positions on the federal district and circuit courts, including 14 candidates for crucial appeals court judgeships, as well as several other judicial nominations. Among the nominees are Charles Pickering and Priscilla Owen – both rejected last year by the Senate Judiciary Committee – and a number of other judges with troubling records on civil rights and other issues, some of whom are opposed by local, state and national civil rights, women’s rights, and other organizations.
Statement of Ralph G. Neas on the White House Economic Stimulus Plan and Judicial Nominations
Judge Shedd’s record of hostility and insensitivity to the rights of minorities, women and people with disabilities demonstrates that he should not have been promoted to the U.S. Court of Appeals. If the president continues to nominate candidates like Judge Shedd, Democrats and moderate Republicans must oppose them.
People For the American Way strongly criticized today’s Senate Judiciary Committee vote to recommend for confirmation the nominations of Judge Dennis Shedd to the U.S. Court of Appeals for the Fourth Circuit and Professor Michael McConnell to the U.S. Court of Appeals for the Tenth Circuit. Both nominations now head to the Senate floor.
Today, without bipartisan consultation with the Senate, the White House released a new plan to push faster confirmation for President Bush’s judicial nominations. People For the American Way President Ralph G. Neas said the White House proposal was “pure politics in the unilateralist style that is the hallmark of this administration.”
So far in this election season, there has been almost no attention paid to the fact that for the first time since 1929, the right wing of the Republican Party might have effective control of all three branches of government. Given the consequences of that dominance, it is urgent that the silence on this issue be broken. People For the American Way is ready to end that silence with a hard-hitting television ad.
As the Supreme Court prepares to begin its 2002-03 Term on Monday, October 7, a series of important civil rights and civil liberties cases are already on its docket. The cases the Court is scheduled to hear deal with congressionally mandated Internet filtering in public libraries, legal protections for family planning clinics, whether state employees are protected under the Family and Medical Leave Act, and more
People For the American Way has serious concerns about Miguel Estrada, nominated to the United States Court of Appeals for the District of Columbia Circuit. Mr. Estrada’s recorded work raises significant doubts about whether he possesses the judicial temperament, the commitment to open-minded decision-making, and the necessary appreciation of fundamental civil and constitutional rights and liberties needed in any nominee to this lifetime appointment.
In evaluating the nomination of Michael W. McConnell, there is no question that he possesses the intellectual ability and technical legal skills to be a federal judge. People For the American Way and People For the American Way Foundation have worked closely with, and in some cases against, McConnell on religious liberty issues on several occasions, and we have great respect for his intellect and legal skills. But these important prerequisites are clearly not sufficient for an individual to be confirmed to a lifetime position on the federal appellate bench. No one can seriously question that President Bush and his advisors were influenced by McConnell’s well-known legal philosophy and ideology in nominating him. By the same token, as more than 200 law professors have written to the Senate Judiciary Committee, Senators should consider whether a nominee has demonstrated an “open mind to decision-making” and a “record of commitment to the progress made on civil rights, women’s rights, and individual liberties.”