Leahy’s Latest
The Judiciary Committee chairman’s clever move.

August 15, 2001 12:00 p.m.

t's August, a time when George W. Bush is touring the heartland, senators are flying away on junkets, and Gary Condit is planning his re-election campaign. But back in Washington, inside the offices of the out-of-session Senate Judiciary Committee, the maneuvering over the president's judicial nominations goes on.

In a move that surprised many Republicans, chairman Patrick Leahy has scheduled a special recess hearing on August 27 to consider two Bush nominees: Sharon Prost, chosen for the Federal Circuit in Washington, and Terry Wooten, picked for the U.S. District Court in South Carolina. Neither nominee is controversial. Prost is a longtime top aide to Senator Orrin Hatch, now the ranking Republican on the committee. Wooten also worked for the committee's GOP staff. Both are expected to be confirmed easily.

"It's rare," to hold an August confirmation hearing, says Leahy spokesman David Carle. "It's unprecedented, at least since 1989." Carle says Leahy decided to hold the recess hearing to help make up for delays caused by the change of power in the Senate.

But some in the GOP are wondering: Why now? "These nominations could have been done in the last hearing," before the August recess, says one Republican aide, noting that it would have been routine to bundle both nominations into hearings held for Eighth Circuit Court nominee William J. Riley.

But Republicans are in no position to protest. Having complained loudly about the Democrats' slow-motion handling of Bush nominees, they can't start kvetching when Leahy finally schedules a hearing. "It's not something we asked for, but we're grateful," says the GOP aide. "Anytime we see the president's nominees moving, that's a good sign," says another.

So score one for Leahy. This fall, when he is delaying action on first-tier Bush nominees like Miguel Estrada, the chairman can easily defend himself against charges of foot-dragging. "We're doing everything in our power to consider the president's choices," Leahy might say. "Why, I even scheduled a hearing during our August recess to handle nominations."

Republicans will be reduced to saying, "Yes, but..." They'll explain that of the eleven federal court nominations the White House sent to the Senate in May, exactly one — Democrat Roger Gregory — has been confirmed. As for the rest, the wait is on. All the paperwork has been done and they're ready to go — whenever Patrick Leahy says so.