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Whose Judicial Vacancies


TAPped justifies Democratic obstruction of judicial confirmations on the grounds that “the vast majority of current vacancies ‘belong’ to the Democrats, since by all rights Bill Clinton should have been able to fill them with his own nominees, but was repeatedly stymied by the admittedly well-disciplined Senate Republicans.” It’s a cute arugment, but if one were to take it seriously, then many of these vacancies actually “belong” to Republicans because Democratic obstructionism delayed or denied confirmation of Bush nominees, including two that were renominated by W — John Roberts and Terrence Boyle. Indeed, TAPped’s argument is precisely that used by Senator Jesse Helms when he decided to blue slip all of Clinton’s Fourth Circuit nominees from North Carolina because the Democratic Senate failed to act on Boyle’s nomination during President Bush’s term.


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