Bush Gets His (Democratic) Judge
Confirmation hearings begin — sort of.

July 6, 2001 2:00 p.m.

fter weeks of Republican complaints that he was delaying confirmation of Bush White House judicial appointees, Senate Judiciary Committee chairman Patrick Leahy has announced he will hold a hearing on a single appeals-court nominee — Roger Gregory, the Democrat originally nominated by President Bill Clinton and re-nominated by George W. Bush after pressure from committee Democrats.

Republicans had been expecting Leahy to act quickly on the Gregory nomination, along with that of Barrington Parker, the other Democrat chosen by George W. Bush for a seat on the federal appeals courts (there's still no word when Parker's hearing will be held). Still, some in the GOP thought Leahy might consider at least a few Republican judges at the same time. "I was hoping we would see two or three of them," says one senior committee aide. "There's absolutely no reason not to, except to delay."

In addition, some Republicans are miffed at Leahy's timing for the Gregory hearing. It will be held next Wednesday at 2 p.m., which is also the scheduled time for the swearing-in of Theodore Olson and Larry Thompson as Solicitor General and Deputy Attorney General. The conflict means Republicans on the Judiciary Committee, as well as some senior Justice Department officials, will have to skip the ceremony to attend the Gregory hearing. A spokesman for Leahy says the chairman did not know about the swearing-in and that it played no role in the scheduling of the hearing.

At the same time, the committee will also consider two lower-court nominations, Richard Cebull and Sam Haddon, both nominated to U.S. District Court seats in Montana, as well as the nomination of Eileen O'Connor, the White House choice to become Assistant Attorney General for the Tax Division.

It's a far different schedule from what Republicans had in mind when they controlled the Judiciary Committee. In May, then-chairman Orrin Hatch had wanted to hold hearings on three appeals-courts nominees — including Jeffrey Sutton and John Roberts, both of whom may face significant Democratic opposition. "I guarantee you those guys would have been out of committee" by now, had Republicans not lost the majority, says the senior GOP staffer.

Now, there is no way to predict how many judges might be confirmed. The most pessimistic Republican observers believe Democrats will consider Gregory and Parker, plus a few lower-court judges — and no one else — by the end of this year. Others in the GOP are a bit more optimistic; some predict several more nominees will be confirmed, if only to give Leahy the basis for claiming that he is moving as fast as possible. But all agree the process will be grueling. "Every circuit court nominee is going to be banged up," says the Republican aide. Every nominee, that is, who is not a Democrat.