In light of the resignation of Justice Sandra Day O’Connor, there has been a lot of talk about “consultation.” Unfortunately, President Bush thus far has shown little willingness to seek bipartisan consulation on his nominees. Instead, he has “closely consulted with right-wing groups” and let other senators “not hear of prospective nominees until they learned of them through media reports.” And even Senator Orrin Hatch (R-UT) was left to admit “that genuine consultation did not take place with respect to the first round of Bush nominees.”
But the nomination and confirmation of a new Supreme Court justice does not have to be a knock down-drag out fight. Here are two recent examples — that it would do Bush well to heed — of just how effective consultation can be when a President is nominating a justice to the Supreme Court:
Ruth Bader Ginsburg
Nominated: June 14th, 1993
Confirmed: August 3rd, 1993
Consultation: Yes
Minority Reaction:
I think it’s an excellent choice,’ said Sen. Orrin Hatch of Utah, senior Republican on the Judiciary Committee. ‘She’s going to make a very excellent justice.’ Hatch, who said he was consulted frequently by the White House as Clinton zeroed in on a nominee, promised cooperation and said the committee would ‘certainly try to get her confirmed before the first Monday in October, when the court convenes. [AP, 6/14/93]
Confirmation Vote: 96-3
Stephen Breyer
Nominated: 5/14/94
Confirmed: 8/2/94
Consultation: Yes
Minority Reaction:
Sen. Orrin Hatch, R-Utah, launched debate today with a ringing endorsement of Breyer ‘This is an honest man,’ said Hatch, the ranking Republican on the Senate Judiciary Committee. ‘He’s a man of immense qualificationst…I will support him with everything I have.’ Hatch urged his colleagues to confirm the nominee and praised President Clinton for being ‘especially considerate of this particular responsibility of the president’ in choosing well-qualified nominees for the court. [AP, 6/29/94]
Confirmation Vote: 87-9 (Unanimously nominated by Senate Judiciary Committee)
Don’t exspect Bush to behave similarly. He operates under different rules.
July 1st, 2005 at 2:09 pmBut that was Clinton, and Clinton always sought solutions and nominees acceptable to everyone. Clinton was an excellent consensus-builder. Bush is the exact opposite.
July 1st, 2005 at 2:25 pmThe departure of Sandra Day O’Connor from the Supreme Court will no doubt start the much anticipated war over the judicial filibuster and reproductive rights.
But the biggest long term issue may be the intent of the coming Bush judges to dramatically reduce Federal regulatory power by the narrow interpretation of the Commerce Clause. For more on this and the impact of the “Constiitution in Exile” advocates, see:
“Sharpening Their Clause: The Coming Bush Judges.”
July 1st, 2005 at 2:34 pmYou guys do a terrific job. Keep it up! These postings will be useful for hammering the MSM and prepping folks from our side when they appear.
July 1st, 2005 at 4:13 pmBushie will appoint someone who agrees to ammend the constitution allowing him a third term.
votetoimpeach.org
July 2nd, 2005 at 2:04 am“You guys do a terrific job. Keep it up! These postings will be useful for hammering the MSM and prepping folks from our side when they appear.”
calguy you should be in charge of the kool-aid. Hey do any of you wonder why lemmings run over cliffs?
July 2nd, 2005 at 10:28 pmmichigan lotto
Please take a look at some relevant pages about leichter gewinn
October 16th, 2005 at 5:52 pmtramadol…
news…
April 4th, 2007 at 9:59 am