Fate of POTUSs Future Judicial Nominees

[shootandloot]

What do you guys think of the future round of judicial nominees (Fed District, Supreme Court, etc.)? With a 55-44-1 advantage to the Republicans, it would seem to be no problem, but Arlen Specter from my home state of Pennsylvania is to become to Chairman of the Judiciary Committee and he has a reputation for blocking conservative judges such as Robert Bork. What, if any, bearing will this have over the next four years? :munchin

[Roguish Lawyer]

It will be a tough fight pretty much no matter what. The question is whether he's going to make it a priority or be a puss like he was for much of his first term.

[The Reaper]

It will be a tough fight pretty much no matter what. The question is whether he's going to make it a priority or be a puss like he was for much of his first term.

I agree.

If they don't want to play ball, shove the bat up their asses.

Start appointing them during breaks as soon as they filibuster the first one and refuse to let the vote come to the floor.

Can you appoint SCOTUS Justices during Congressional recesses as well?

TR

[Roguish Lawyer]

I agree.

If they don't want to play ball, shove the bat up their asses.

Start appointing them during breaks as soon as they filibuster the first one and refuse to let the vote come to the floor.

Can you appoint SCOTUS Justices during Congressional recesses as well?

TR

You can do recess appointments, but I think what is necessary is holding their bills hostage until they allow confirmation. No projects in their districts, that sort of thing. Better yet, punitive stuff like closing facilities in their districts if they don't confirm.

[rubberneck]

You can do recess appointments, but I think what is necessary is holding their bills hostage until they allow confirmation. No projects in their districts, that sort of thing. Better yet, punitive stuff like closing facilities in their districts if they don't confirm.

I think you'll see them try to cherry pick those 5-10 Southern (or otherwise red state) US Senators running for re-election in '06. If the past election shows us anything its that Bush owns the south and he should use that pressure into getting moderate/conservative Senators to play ball or else.

[shootandloot]

You can do recess appointments, but I think what is necessary is holding their bills hostage until they allow confirmation. No projects in their districts, that sort of thing. Better yet, punitive stuff like closing facilities in their districts if they don't confirm.

What's a recess appointment? Does that mean they can appoint a Federal Judge during a congressional recess without it coming to a vote on the floor? Or is it a appointment made right before a recess so there isn't a long floor debate on it (i.e., making a appointment right before Christmas break)? Thank you for the responses.

[1026]

What's a recess appointment? Does that mean they can appoint a Federal Judge during a congressional recess without it coming to a vote on the floor?

Article II, Section 2, Clause 3, U. S. Constitution: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

[shootandloot]

Thanks 1026 :)

[Roguish Lawyer]

LMAO:

XXXXX DRUDGE REPORT XXXXX SUN NOV 07, 2004 19:02:37 ET XXXXX

BUSH CONSIDERS CLARENCE THOMAS FOR CHIEF JUSTICE

**Exclusive**

President Bush has launched an internal review of the pros and cons of nominating Supreme Court Justice Clarence Thomas as the chief justice if ailing William Rehnquist retires, the DRUDGE REPORT has learned.

A top White House source familiar with Bush's thinking explains the review of Thomas as chief justice is one of several options currently under serious consideration. But Thomas is Bush's personal favorite to take the position, the source claims.

"It would not only be historic, to nominate a minority as chief justice, symbolizing the president's strong belief in hope and optimism, but it would be a sound judicial move.... Justice Thomas simply has an extraordinary record."

One concern is the amount of political capital Bush would have to spend in congress to make the move.

A chief justice must be separately nominated by Bush and confirmed by the Senate, even if the person is already sitting on the court.

The need to replace Rehnquist could arise by year's end, Bush aides now believe.

Officially, Bush advisers call any Supreme Court vacancy talk premature.

Developing...

[Roguish Lawyer]

http://www.cnn.com/2004/ALLPOLITICS/11/12/frist.filibusters.ap/index.html

Frist: Judicial filibusters must stop
Senate majority leader may press again for rules changes
Friday, November 12, 2004 Posted: 9:55 AM EST (1455 GMT)

WASHINGTON (AP) -- Senate Majority Leader Bill Frist on Thursday urged Democrats to stop blocking President Bush's federal court nominees and hinted that he may try to change Senate rules to thwart their delaying tactics.

"One way or another, the filibuster of judicial nominees must end," Frist, R-Tennessee, said in a speech to the Federalist Society, a conservative legal group.

The Democrats' ability to stall White House picks for the federal bench was one of the most contentious issues of Bush's first term. Despite the GOP majority in the Senate, Democrats used the threat of a filibuster to block 10 of Bush's nominees to federal appeals courts. The Senate confirmed more than 200 of the president's choices.

Republicans hope their gain of four seats on Election Day will discourage Democrats from using filibusters again. But in a Senate next year with 55 Republicans, 44 Democrats and a Democrat-leaning independent, Democrats still will have the 40 votes necessary to uphold a filibuster.

Frist said filibustering judicial nominees is "radical. It is dangerous and it must be overcome. The Senate must be allowed to confirm judges who fairly, justly and independently interpret the law."

"The Senate cannot allow the filibuster of circuit court nominees to continue." Frist said. "Nor can we allow the filibuster to extend to potential Supreme Court nominees."

Chief Justice William H. Rehnquist, 80, is seriously ill with thyroid cancer, and three other justices have had cancer. The average age of the nine court members is 70. Speculation on a Supreme Court retirement has grown in part because there has been no vacancy in more than 10 years.

The Bush's administration's former chief lawyer at the high court told the organization earlier Thursday that "any attempted new appointment to the court, especially that of a chief justice, will set off a political firestorm."

Theodore Olson added, "The presidential election was merely about the next four years. A Supreme Court justice is for life. It will not be pretty." Olson, who represented Bush before the Supreme Court in Bush v. Gore four years ago and then became solicitor general after Bush took office, predicted that the president would get to name as many as three justices during his second term.

Frist previously has advocated changing Senate rules to make it more difficult to continue a filibuster. While the idea went nowhere in the current Congress, Frist raised it again in his speech, saying that judicial filibusters were "nothing less than a formula for tyranny by the minority."

"The Senate now faces a choice: Either we accept a new and destructive practice or we act to restore constitutional balance," he said.

To block some of Bush's nominees, Democrats have used procedures that required Republicans to come up with 60 votes to advance the president's choices. It takes 60 votes in the 100-member Senate to break a filibuster, meaning some Democrats would have to side with Republicans.

Olson reminded the group of what he called malicious attacks on previous conservative nominees Clarence Thomas and Robert Bork. Thomas, named by Bush's father, was narrowly approved. Bork, a Reagan choice, was rejected.

"It could easily be worse next time around," Olson said.

Olson has been mentioned as a possible high court pick, but his confirmation for solicitor general was rocky.