Bench Memos

Law & the Courts

‘Democrats Deny Hearing to Fourth Circuit Nominee Robert Conrad’

That’s the title of my new Confirmation Tales post, which is subtitled “Patrick Leahy’s ridiculous ‘anti-Catholic’ smear.” Here are a couple of early paragraphs:

Conrad was a model candidate by the standards that Senate Democrats had espoused. But Democrats used their control of the Senate and of the Judiciary Committee to deny Conrad a hearing over the remaining year-and-a-half of Bush’s presidency.

The Democratic obstruction of Conrad’s nomination illustrates several basic lessons. First, a Senate majority can use simple inaction to defeat a nomination. Second, Senate Democrats were aligned with their most liberal activists. Third, some seats become especially attractive to fight over.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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