Home -> Law Blog Directory -> Administrative Law Blogs -> Within the Scope

Administrative Law

: Within the Scope

President: Prove Bi-Partisanship by Confirming My Nominees

By Eric L. Lipman

While it is perhaps old news now ? I must have been under a rock somewhere ? I have only just learned of President Bush?s remarks in Cincinnati earlier this month regarding the confirmation of judges to the federal courts.

Included in the President?s address was a call for votes on the nominations he has made to the federal bench ? urging this as a key test of bi-partisanship. Argued the President:

Chief Justice Roberts was so obviously well-qualified that he received overwhelming support from members of the Senate, including many senators generally considered to be well left of center. Unfortunately, the broad, bipartisan, and timely support for Chief Justice Roberts has increasingly become the exception. Over the years, the "advice and consent" clause of our Constitution has been subjected to serious abuse. Members of the Senate seem to embrace the "advice" part. It's the "consent" part that seems to be the problem.
....

Next month, the Senate will hold a "lame duck" session to finish their legislative business for the year. One item that should be at the top of their agenda is a long list of qualified judicial nominees still waiting for Senate action. If Democrats truly seek a more productive and cooperative relationship in Washington, then they have a perfect opportunity to prove it ? by giving these nominees the up or down vote they deserve.

The full text of the President?s remarks is accessible here.

While Senate Democrats attempted to host a hearing in June on plans to increase the number of federal judges generally, even that was derailed because of a failure of the majority and minority parties in the Senate to agree. And, it seems that the Senate Judiciary Committee has still other inquiries of the Bush Administration in mind when it re-convenes after the November elections.

President Bush is, at least, in good company. Filling federal judgeships at the tail-end of one?s presidency has challenged chief executives since the earliest days of the Republic.

Full post as published by Within the Scope on October 29, 2008 (boomark / email).