15 Appeals Court Nominees Must Reach Senate Floor -- DC Cir. Nominee Keisler is "Highest Priority"

Contact: Curt Levey, Committee for Justice, 202-270-7748, clevey@committeeforjustice.org

WASHINGTON, Feb. 13 /Christian Newswire/ -- Today, a coalition of about 60 organizations – led by the Committee for Justice (CFJ) – delivered a letter to each of the 19 members of the Senate Judiciary Committee "to express our deep concern about the lack of progress in 2007 in reporting judicial nominees . . . out of the Judiciary Committee, and to discuss reasonable expectations for progress on this issue in 2008."

The coalition cites "the remarkably low approval ratings for the 110th Congress" and decries the fact that "a year into the 110th Congress, the Judiciary Committee has held hearings for only four appeals court nominees and has voted on only six.  As a result, the full Senate has fallen far short of the confirmation pace necessary to meet the historical average of 17 circuit court confirmations during a president's final two years in office [with] opposition control of the Senate."

"This letter is aimed at both Republican and Democratic senators," explained CFJ executive director Curt Levey.  "Both parties have good reason to make this a priority.  Senate Democrats remember that in 2004, the last time judicial nominees were an election issue in Senate races, the issue cost them and their leader, Tom Daschle, dearly.  As for Republicans, Ranking Member Arlen Specter, his colleagues on the Judiciary Committee, and the Senate's GOP leadership need only look at the passions still aroused by the 2005 'Gang of 14' deal to see the peril in being perceived as soft on the judges issue."

The letter makes it clear to Judiciary Committee members that the coalition expects them to, at very least, give the full Senate "an opportunity to confirm fifteen appeals court nominees in the 110th Congress."  That "would match the number of circuit court confirmations in President Clinton's final two years."  "Anything less and the members of the Judiciary Committee will be remembered for presiding over historic levels of obstruction," the letter emphasizes.

The coalition reminds senators that "the Judiciary Committee's arcane 'blue slip' policy," used to deny nominees even a hearing, is "rightfully perceived as serving senators rather than the public."  As examples of how this policy "exposes the Senate at its worst," the letter cites "the [Michigan] senators whose only reason for blocking two circuit court nominees is a decade-old personal grudge, or the [Maryland] senators who can do no better than argue that the nominee they are blocking is so good at his current job that he should be kept there."

The coalition names, as its "highest priority," Peter Keisler, a D.C. Circuit nominee "who has inexplicably languished in committee without action since his hearing a year and a half ago."  The letter notes that "Keisler has been given the American Bar Association's highest rating – 'unanimously well-qualified' – and has the enthusiastic support of leading legal scholars and practitioners from across the ideological spectrum."  Even "the Washington Post and Los Angeles Times have called for Keisler's confirmation."

The letter concludes by asking Judiciary Committee members to "fulfill your responsibility . . . by ensuring that each and every judicial nominee is given a hearing and a vote in committee.  If you cannot support a particular nominee, vote him or her out of committee without a positive recommendation, or vote against confirmation on the Senate floor."  But do "not stand in the way" of the full Senate "carry[ing] out its constitutional duty of advice and consent by providing each nominee with a timely up-or-down confirmation vote."

Click here for the full text of the letter, including a list of signers.

The Committee for Justice is a non-partisan, non-profit organization devoted to promoting constitutionalist judicial nominees and the rule of law.