70 Year Magazine Archive

What’s the Holdup?

by Kate O'Beirne

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THE conservative dissatisfaction with President Bush’s performance, which has recently prompted tougher talk from Bush on border security and spending restraint, now threatens the support he has enjoyed on judicial nominations. In the past year, only two federal-appeals-court nominees have been confirmed, and no nominee has even been selected for nine of the current vacancies.

Conservative activists complain that the momentum following the successful nominations of Chief Justice John Roberts and Justice Samuel Alito has been squandered, owing to White House and Senate inattention. While these White House allies saw a chance to score easy goals after the Supreme Court fights, Senate Democrats and their liberal supporters have been on vigorous defense. Sen. Harry Reid is vowing to filibuster one candidate whose nomination has been pending for five years; meanwhile, the American Bar Association (ABA) recently downgraded its rating of another nominee, and has given a unanimous “unqualified” rating to a third. If Republicans want to rally conservative voters with the issue of judges this November, they have to be more aggressive and effective in defending the nominees under assault.

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