President Bush Sticks Thumb in Eye of Chuck Schumer
Not literally -- but he might as well have. From the Washington Post:
President Bush renominated six previously blocked candidates for federal appeals court yesterday, triggering the first real battle with ascendant Democrats since the midterm elections and signaling what could be the start of a fierce two-year struggle over the shape of the federal judiciary.The move heartened conservatives who worried that Bush would scale back his ambition to move courts to the right and outraged liberals, who called it a violation of the spirit of bipartisanship promised since Democrats captured Congress. Both sides saw it as a possible harbinger for the remainder of Bush's presidency, particularly if a Supreme Court vacancy opens.
Senator Schumer's predictable reaction: he squealed like a stuck pig. "It's a real slap in the face," he said.
(C'mon, Senator Leahy, you're the incoming Senate Judiciary Chairman. Why is Senator Schumer getting quoted in these articles instead of you? Tell your press people to get on the ball -- or tell Chuck to back off a little. Don't let him steal your thunder!)
The six resubmitted nominees included the four so-called "radioactive" nominees: William J. Haynes II (Fourth Circuit), William G. Myers III (Ninth Circuit), Terrence W. Boyle (Fourth Circuit), and Michael B. Wallace (Fifth Circuit). The other two nominees, Norman Randy Smith (Ninth Circuit) and Peter D. Keisler (D.C. Circuit), are far less controversial.
Our take: President Bush is trying to bargain with the Democrats, and resubmitting the six nominees is the equivalent of making a lowball offer. He knows the Dems won't take it; but he's left ample room for negotation.
By starting off the negotations at this price point, President Bush is hoping to get at least Smith and Keisler confirmed. If the Democrats refuse to move on all six resubmitted nominees, they can be branded as obstructionist. Whereas if President Bush sent over only two nominees (Smith and Keisler), and the Senate did nothing, it wouldn't look as bad as stalling on six -- yes, six -- judicial picks.
In addition, President Bush submitted four new judicial nominations to the Senate. But they're nominees to district courts and the U.S. Court of Appeals for the Armed Forces -- not so sexy. (In case you're curious, their names are in the White House press release.)
Bush Renominates Judicial Picks [Washington Post]
Bush to Put Nominations Back on Table [New York Times]
Don’t Despair: Strong Justices Can Still Be Confirmed [National Review]
Nominations Sent to the Senate [WhiteHouse.gov]
Earlier: Some Ruminations on Nominations










Comments
"Senator Schumer's predictable reaction: he squealed like a stuck pig."
*sigh* Removing you from the bookmarks, then...
Posted by: Anonymous | November 16, 2006 03:36 PM
This post is actually pretty evenhanded. It contains some digs at conservatives. E.g., the title of the post. And calling the controversial nominees "radioactive," which the White House surely wouldn't like.
Posted by: Anonymous | November 16, 2006 03:41 PM
Keisler may be a rather difficult sell, not because of anything having to do with him personally, but because the DC Circuit just doesn't need another judge. Many Republican senators during the Clinton administration, including at least one who is still a senator (Jeff Sessions-AL) went on record as saying a 12th judge on that court was unwarranted.
Posted by: Anonymous | November 16, 2006 05:10 PM
>President Bush intends to renominate,
>to the lame duck Senate, some of the
>judicial nominees who were not
>previously confirmed, before the
>Democrats swept the midterm
>elections. Interesting strategy. [New >York Times]
He's simply continuing to use his "stay the course" strategy, which has worked so well for him in other areas.
Oh, wait, that's right. It _hasn't_ worked all that well for him. ("But maybe this time it'll be _different_!")
Posted by: David B. Appleton | November 16, 2006 06:00 PM
Pay attention, David! One of those "not so sexy" district court nominations is of former U.S. Representative Jim Rogan (R-CA), who served as lead prosecutor in Bill Clinton's impeachment trial in the U.S. Senate.
Posted by: ProLiabProf | November 16, 2006 06:53 PM