Political advocacy in action - the filibuster that never was

I imagine someone could write an interesting human-interest piece about the Democrat filibusters of conservative nominees. What was it like for Miguel Estrada to be denied an up-or-down vote? How did his family feel seeing his integrity questioned? Did he grow stronger or weaker as a result of the experience? Is he cynical?

And what about Doug Kmiec? An article on him would have to be called: "The Filibuster that Never Was."


***December 9, 2002***
A balloon is thrown...

Legal Scholar Is Considered for Court
"President Bush is considering naming Douglas W. Kmiec, the dean of the law school at Catholic University and a prominent social conservative scholar, to the federal appeals court based in Washington, administration officials said today."

***DECEMBER 10, 2002***
The special interest groups attack...

Alliance for Justice Statement on Douglas Kmiec
Statement of Nan Aron, President of the Alliance for Justice, Regarding Possible Kmiec Nomination to Court of Appeals
"Washington, DC — The Alliance for Justice expressed grave concerns over reports that the White House is considering Professor Douglas Kmiec for a seat on the U.S. Court of Appeals for the District of Columbia. Alliance for Justice President Nan Aron noted: "Kmiec's record reflects an ultra-conservative philosophy opposing a woman's right to choose, bipartisan civil rights legislation and regulations on property. He would be a very poor, divisive choice for the D.C. Circuit."
The D.C. Circuit, widely viewed as the second most-important court in the country because of its unique jurisdiction and location in the nation's capital, is currently made up of four Democrat and four Republican appointees, with four vacancies. President Bush has previously nominated D.C. lawyers John Roberts and Miguel Estrada to the court. Battles over vacancies on the D.C. Circuit during the Clinton years were heated, with some Senate Republicans arguing that the workload of the court was such that the 11th and 12th vacancies did not need to be filled. On September 24, 2002, Senator Jeff Sessions reiterated his opposition to filling more than ten seats on the D.C. Circuit. Nonetheless, the White House is reportedly considering nominations, including Kmiec's, to fill the 11th and 12th seat.
Kmiec has stated that the Civil Rights Act of 1991 was likely to create racial quotas and should be declared unconstitutional. He has submitted Congressional testimony that "Abortion is more than the killing, it is also the coarsening of the American heart . . . . [A]bortion undermines all life." Kmiec has also written that many property regulations are unconstitutional unless they provide compensation to the property owners-a view that calls into question key environmental laws such as the Clean Air Act and the Clean Water Act.
Responding to rumors of Kmiec's nomination, Aron said, "not only would Kmiec's nomination fly in the face of Senate Republicans' own assertions that an 11th judge on the court was not necessary, it would make a mockery of administration pledges of conciliation and cooperation and of President Bush's claims to be a `uniter not a divider.' It would be further evidence that this administration is intent on packing the courts with ultraconservatives, in direct contravention of the interests and will of the American people."

***DECEMBER 12, 2002***

The "mainstream" media begins throwing mud. [Do we really care if the guy put D.C. plates on his car within 30-days of his moving from California to D.C.? Even I don't care, and I am pretty intolerant of inconsistencies.]

Judge Scofflaw?

"After the New York Times claimed Tuesday that Catholic University Law School Dean Douglas W. Kmiec is on President Bush's short list for a coveted seat on the Washington federal appeals court, one of Kmiec's Northwest D.C. neighbors helpfully pointed out to us that he keeps California plates on his cars."

***DECEMBER 19, 2002***

The "mainstream" media coincidentally argues that maybe we don't need any new judges on the D.C. Circuit. [Do a survey. Ask any federal judge you know if he or she is "underworked".]

How Many Judges?
Thursday, December 19, 2002; Page A40
"YOU MIGHT NOT expect that the question of how many judges a court needs would become a festering political problem. But how to staff the U.S. Court of Appeals for the D.C. Circuit is threatening to become just that -- again. The court, which is one of the most important in the country, has 12 authorized judgeships. But during the Clinton administration, Republican senators blocked qualified nominees to its 11th and 12th seats; its declining workload made additional judges unnecessary, they said. Now President Bush, poised to win confirmation of nominees John G. Roberts and Miguel A. Estrada to the vacant ninth and 10th seats on the court, wants to fill the additional slots as well. An ugly fight could await the nominees, whoever they turn out to be."

***DECEMBER 19, 2002***
In the Wall Street Journal, Kmiec asks in vain that you...

Judge Me By My Work, Not By My Faith
"Last week, the New York Times reported that President Bush was considering
nominating me to the U.S. Court of Appeals for the District of Columbia
Circuit. While many friends from my days in the Justice Department, former
students now practicing at law firms across the country, and sitting judges
wrote or called to encourage this development, a stark, inside-the- Beltway
question emerged from the report: Can an avowedly pro-life Catholic actually
serve on such court?"

[NOTE: I have the full-text of these articles. I do not know enough about Copyright to know if I can post them.]