Democrats attempts to delay and obstruct
confirmation of well qualified judges continues. Chuck Schumer
recently announced, "I will recommend to my colleagues that we
should not confirm a Supreme Court nominee except in extraordinary
circumstances." (Probably only in the event President Bush repeated
his father's error in appointing another "stealth" Souter like
nominee.) Moreover, Senate Democrats are now objecting to
confirmation to the Fifth Circuit Court of Appeal Judge Leslie
Southwick, rated well qualified by the ABA and an Iraq war
volunteer. (He previously entered the reserve forces after
receiving an age waiver.) The Democrats have claimed Judge
Southwick is a "racist" based on a decision, which Democrats have
chosen to misconstrue, he rendered on the Mississippi Court of
Appeals. The case concerned the standard for review for an
administrative decision not to fire an employee because use of a
racial slur. Democrats choose to overlook the fact that the opinion
specifically denounced use of the term and ruled on a common legal
grounds, the degree of deference owed to an administrative agency.
This type of intellectual dishonesty and shabby treatment of highly
accomplished judges is precisely what ended the Senate careers of
Tom Daschle and several Democrats colleagues. If there is anything
that will galvanize the Republican base this is it.
John McCain has weighed in and Fred Thompson has
blogged on it. Both are to be commended.
UPDATE: Rudy Giuliani spokesperson Maria Comella
issued this statement: "Judge Leslie Southwick is a distinguished and
qualified candidate with a long record of service to his country
who deserves an up or down vote. It is disgraceful that Democrats
in the Senate have abdicated their Constitutional responsibilities
to give judicial nominees an up or down vote on the full Senate
floor. Rudy Giuliani will press the Senate for reforms to ensure
that the nominations of qualified jurists are not left to linger by
partisan Senators who are willing to compromise the courts for the
sake of political posturing."