Rush to Pack the Courts Will Hurt Judicial Process
Feature Story by civilrights.org staff - 2/5/2003
The Bush Administration and Senate Judiciary Committee Chairman Orrin Hatch are overloading the judicial nomination process to prevent adequate review of nominees, charge civil rights advocates. "Senator Hatch is making a mockery of the confirmation process," says People For the American Way President Ralph G. Neas.Because federal judges are appointed for life, and wield a tremendous amount of power in our constitutional system, meaningful and careful review of the background and record of federal court nominees -- particularly to the all-powerful courts of appeals -- is necessary for the Senate to carry out its constitutional duty to provide "advice and consent." To many people, this "court-packing" flies in face of the U.S. Constitution.
The confirmation process of controversial judges has some traditional bipartisan courtesies. In the 1980s, Senators Bob Dole (R-Kan.), Strom Thurmond (R-N.C.), Joseph Biden (D-Del.), and Robert Byrd (D-W.Va.) agreed that not more than one controversial judge should be considered at a single hearing. Both Democratic- and Republican-led Judiciary Committees have followed this precedent for the past 20 years. This tradition has been ignored by Senator Orrin Hatch.
For example, three very contentious nominees, Jeffrey Sutton, Judge Deborah Cook and John Roberts, nominated to the U.S. Court of Appeals, 6th Circuit and Court of Appeals for the District of Columbia respectively, shared a single hearing. Over 200 groups oppose Jeffrey Sutton, with the greatest outcry coming from the disability community. Deborah Cook, also controversial, has a record of ruling in favor of large companies despite their responsibility for endangering their employees. John Roberts has been on record as opposing Roe v. Wade.
One of Hatch’s success stories is the nomination of Miguel Estrada which recently passed the Judiciary Committee by one vote. Estrada refused to answer many questions about central civil rights issues at both hearings on his nomination and declined to respond to written questions submitted by Committee members after the hearing. He will be likely voted on within a week of clearing the committee.
The confirmation process was designed to be a protection against abuses of presidential power. In the end, many fear, the judicial process will be hurt by this disregard of the Constitutional process.
