Wednesday, May 19, 2004

Senate To Vote on Antiabortion Judicial Nominee Holmes, 24 Other Nominees Following Deal With Bush on Recess Appointments
[May 19, 2004]

      The Bush administration on Tuesday made a deal with Senate Democrats in which they promised that President Bush will not make recess appointments of judicial nominees for the remainder of his presidential term and Senate Democrats -- who have been delaying action on Bush's judicial nominees since March -- promised to hold floor votes on 25 judicial nominees, including an antiabortion attorney nominated to a federal district court judgeship in Arkansas, the Washington Post reports. James Leon Holmes, whom Bush nominated in 2003 to serve on the federal bench for the Eastern District of Arkansas and has been criticized by some senators for his "strong antiabortion views," is the only "seriously controversial" nominee on the list of 25 who are scheduled to receive Senate floor votes, according to the Post (Dewar, Washington Post, 5/19). Although Holmes was recommended as a judicial nominee by former Sen. Tim Hutchinson (R-Ark.) and was endorsed by Sens. Mark Pryor (D-Ark.) and Blanche Lincoln (D-Ark.), the Senate hearing on his nomination became contentious when Sen. Dianne Feinstein (D-Calif.) began reading a 1980 letter to the editor written by Holmes. In it, Holmes wrote that abortion should not be available to rape survivors because "conceptions from rape occur with the same frequency as snow in Miami." Holmes subsequently apologized for the statement (Kaiser Daily Reproductive Health Report, 4/18/03). Holmes' nomination has been sent to the Senate floor without approval from the Senate Judiciary Committee, according to the Post (Washington Post, 5/19). The deal between the White House and Senate Democrats guarantees up-or-down floor votes for 20 district level and five appellate level judicial nominees before the start of the Independence Day recess, which begins on June 25, according to Roll Call (Kane, Roll Call, 5/19).

Background on Impasse
Senate Democrats for seven weeks have used filibusters to block floor votes on Bush's judicial nominees to protest his decision to bypass the Senate and appoint two controversial nominees during Senate recesses, the Post reports (Washington Post, 5/19). Bush in February used his recess-appointment powers to seat Alabama Attorney General William Pryor (R) on the 11th U.S. Circuit Court of Appeals in Atlanta, after his nomination was blocked by filibusters in the Senate. Under the Constitution's recess appointment clause, a president is allowed to fill judicial vacancies when the Senate is not in session. Senate Democrats have said that they opposed Pryor's nomination because he has what they described as a "right-wing" or "extreme" record that is "dominated" by his personal views on issues such as abortion. Bush on Jan. 16 appointed U.S. District Judge Charles Pickering to the 5th U.S. Circuit Court of Appeals in New Orleans after Senate Republicans failed to gain the 60 votes necessary to end a Democratic filibuster and force an up-or-down vote on the nominee. Many abortion-rights organizations and civil rights groups opposed Pickering's nomination because of his record on civil and reproductive rights (Kaiser Daily Reproductive Health Report, 2/23). Senate Democrats -- who were "infuriated" by the recess appointments -- had said they would continue to block all floor votes on judicial nominees until the president agreed to make no more recess appointments, according to the Wall Street Journal (Wall Street Journal, 5/19).

Certain 'Controversial' Nominees Excluded From Deal
Senate Minority Leader Tom Daschle (D-S.D.) said that despite the deal Senate Democrats will continue to block floor votes on Bush's "most controversial" nominees, according to the Los Angeles Times (Simon, Los Angeles Times, 5/19). Senate Democrats have refused to hold up-or-down votes on seven appeals court nominees who are "too ideologically conservative" on abortion and other issues, according to the Post (Washington Post, 5/19). In addition to Pryor and Pickering, Senate Democrats in 2003 used filibusters to block confirmation votes for Los Angeles Superior Court Judge Carolyn Kuhl, a nominee to the 9th U.S. Circuit Court of Appeals in San Francisco; California Supreme Court Justice Janice Rogers Brown, a nominee to the U.S. Court of Appeals for the District of Columbia; and Texas Supreme Court Justice Priscilla Owen, a nominee to the 5th U.S. Circuit Court of Appeals in New Orleans (Kaiser Daily Reproductive Health Report, 2/23). Democrats also blocked the confirmation of attorney Miguel Estrada, a nominee to the U.S. Court of Appeals for the District of Columbia, but Estrada withdrew his nomination earlier this year (Roll Call, 5/19). Democrats also oppose the appeals court nominations of Pentagon General Council William Haynes and Idaho attorney William Myers, according to the Post. Senate Democrats said that any new judicial nominees would be considered on a case-by-case basis, according to the Post. However, because the Senate usually stops action on judicial nominees by the summer before a presidential election, it is unlikely that many more judicial nominations will be sent to the Senate floor, the Post reports (Washington Post, 5/19).

Reaction
Senate Majority Leader Bill Frist (R-Tenn.) said that "[b]oth sides are satisfied" by the deal, according to Reuters (Ferraro, Reuters, 5/18). However, Democrats "seemed more satisfied" than Republicans, the New York Times reports. Sen. Charles Schumer (D-N.Y.) said, "The White House waved the white flag here" (Lewis, New York Times, 5/19). Daschle said that the White House made the right decision to make a deal with Senate Democrats, according to the AP/Las Vegas Sun. He added, "I think they feel that it's more important to make progress than to hold out some possibility of another recess appointment, and they made the right decision" (Holland, AP/Las Vegas Sun, 5/18). White House spokesperson Erin Healy said, "President Bush believes it's important to fill judicial vacancies in a timely manner, and this agreement is an important step toward meeting that objective" (Los Angeles Times, 5/19). The deal "drew criticism" from some senators, according to the Washington Times. "My concern is, now that the Democrat obstructionists have successfully negotiated in exchange for their hostages, what will stop them from blocking all future nominees," Sen. John Cornyn (R-Texas) said (Hurt, Washington Times, 5/19).

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