As Curt Levey
reports at Confirm Them, Sen. Arlen Specter is ratcheting up
the pressure against Judiciary Committee Chairman Pat Leahy about
Leahy's unconscionable obstructionism on federal judges. Leahy's
response is full of meaningless statistics, devoid of context. For
instance, he compares his record this term with Specter's record of
getting confirmations in the previous two years, WITHOUT NOTING
that the pace under Specter was so slow specifically because of
Democratic stalling tactics. (Of course, those tactics were
actually aided by John McCain's dastardly Gang of 14, but that's
another story.) The fact of the matter will remain that when all is
said and done, specifically because of Demo obstruction, the Senate
will end 2008 having approved fewer total judicial nominees, and
especially fewer appeals court nominees, in eight years under
President George W. Bush than it did in eight years under Bill
Clinton, even though Clinton faced a GOP Senate majority for six of
the eight years whereas Bush will have faced a Demo majority for
only 3 1/2 years out of 8. The utterly unprecedented Democratic use
of the filibuster, combined with the vicious public airing of
completely unsubstantiated attacks on Bush nominees' character, is
responsible for this record. In short, the GOP was far more fair to
Clinton nominees than Leahy and Company have been to Bush's.
Here's another little note: Many of the Clinton nominees who were
"pocket filibustered" in Leahy's unfair and unfortunately
phraseology were done so with Clinton's tacit consent. Therein lies
another tale for another time.
Anyway, although even I, who have made judicial battles my single
biggest cri de coeur for many years, have
in the past year or so gotten so discouraged with this whole
situation that I lost a fighting spirit, the time is now for
conservatives again to take up arms on this subject. It is a winner
morally and ethically, a winner for the Constitution, and a winner
at the ballot box.