The Unlikely Superstar

one characteristic in addition to professional qualifications and a willingness to serve temporarily: They would have to meet the “apoplexy appointment” test, i.e., cause Sen. Charles Schumer to wake up screaming in the night at the prospect of their serving on a federal appeals court. By defending presidential prerogatives, President Bush would also address the vacancy crisis on some of the federal appeals courts. The Judicial Conference of the United States has declared that 15 of the appeals-courts seats with pending nominations represent “judicial emergencies.” The Sixth Circuit Court of Appeals, for example, has four vacancies on its 16-member bench, owing to the stubborn resolve of Michigan’s two Democratic senators to block any Bush nominee as payback for the Senate’s refusal to approve Clinton nominees to that court. Last year, it took an average of 16 months to resolve a case in the Sixth Circuit, compared with an average of 10.7 months in the other circuits. Sens. Carl Levin and Debbie Stabenow are insisting that Bush scrap his four nominees in favor of candidates approved by a bipartisan panel. The bickering over nominees to the Sixth Circuit has been going on for six years. When the Senate next recesses, Bush should announce that he has appointed four individuals who will help the Sixth Circuit Court of Appeals with its caseload. One ideal candidate would be Lucille Taylor, a talented conservative lawyer who was former governor John Engler’s legal counsel. She is a veteran of Engler’s battles over his nominees to the Michigan bench; her appointment would thrill conservatives and enrage liberals. Lucille Taylor meets the test. There are currently 19 vacancies on the circuit courts of appeals. If President Bush appointed a half-dozen staunch conservatives to serve temporarily, with the stated intent to keep making such recess appointments until his nominees for lifetime tenure no longer faced Senate filibusters, Democrats could be expected to abandon a tactic that has backfired. It’s up to the president to restore the appropriate balance of power on judicial appointments-or explain to his frustrated supporters why he’s unwilling to do so.

NR

DS

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Dave Shiflett

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one characteristic in addition to professional qualifications and a willingness to serve temporarily: They would have to meet the “apoplexy appointment” test, i.e., cause Sen. Charles Schumer to wake up screaming in the night at the prospect of their serving on a federal appeals court. By defending presidential prerogatives, President Bush would also address the vacancy crisis on some of the federal appeals courts. The Judicial Conference of the United States has declared that 15 of the appeals-courts seats with pending nominations represent “judicial emergencies.” The Sixth Circuit Court of Appeals, for example, has four vacancies on its 16-member bench, owing to the stubborn resolve of Michigan’s two Democratic senators to block any Bush nominee as payback for the Senate’s refusal to approve Clinton nominees to that court. Last year, it took an average of 16 months to resolve a case in the Sixth Circuit, compared with an average of 10.7 months in the other circuits. Sens. Carl Levin and Debbie Stabenow are insisting that Bush scrap his four nominees in favor of candidates approved by a bipartisan panel. The bickering over nominees to the Sixth Circuit has been going on for six years. When the Senate next recesses, Bush should announce that he has appointed four individuals who will help the Sixth Circuit Court of Appeals with its caseload. One ideal candidate would be Lucille Taylor, a talented conservative lawyer who was former governor John Engler’s legal counsel. She is a veteran of Engler’s battles over his nominees to the Michigan bench; her appointment would thrill conservatives and enrage liberals. Lucille Taylor meets the test. There are currently 19 vacancies on the circuit courts of appeals. If President Bush appointed a half-dozen staunch conservatives to serve temporarily, with the stated intent to keep making such recess appointments until his nominees for lifetime tenure no longer faced Senate filibusters, Democrats could be expected to abandon a tactic that has backfired. It’s up to the president to restore the appropriate balance of power on judicial appointments-or explain to his frustrated supporters why he’s unwilling to do so.

NR