Printer Friendly
The Free Library
4,481,971 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Cease-fire over federal judges: but the war for the soul of the judiciary continues.


Despite a truce called in May, which led to the confirmation of five controversial judicial nominees, the struggle between Democrats and Republicans over the philosophical direction of the federal judiciary has not abated. The fight centers on President George W. Bush's commitment to filling vacant federal judgeships with conservatives whom Democrats perceive as being at the far right of mainstream judicial thought

Civil rights groups and Democratic senators have been working prevent an ideological right turn among federal judges, who are appointed to life terms and have the power to roll back laws ensuring civil rights, reproductive choice, workplace safety, clean air, and privacy.

Bush's renomination of several conservatives to the U.S. Court of Appeals in his second term has spurred the latest round of opposition from Senate Democrats. Using the filibuster filibuster, term used to designate obstructionist tactics in legislative assemblies. It has particular reference to the U.S. Senate, where the tradition of unlimited debate is very strong. It was not until 1917 that the Senate provided for cloture (i.e., the ending of the debate) by a vote of two thirds of the Senators present. Yet, despite many attempts, cloture has been applied only rarely., or extended debate, Democrats successfully blocked the full Senate from voting on the confirmation of the nominees. Ending a filibuster requires at least 60 votes for cloture--the closing of debate. Although they hold only 44 seats in the Senate, Democrats have been able to maintain their filibusters.

In May, Senate Majority Leader Bill Frist (R-Tenn.) attempted to circumvent the regular Senate rule-making process to break the Democratic filibuster. Frist proposed a move that would end the judicial debate with a simple majority of 51 votes.

Democrats called Frist's maneuver the Nuclear Option. If he succeeded, they threatened to stop the Senate from conducting any further business. With Frist fully intent to carry out his plan, the prospect of a Senate shutdown loomed.

A last-minute compromise struck by a bipartisan group of 14 moderates averted the Nuclear Option and preserved the right to filibuster. But it also cleared three of Bush's most conservative judicial nominees: Priscilla Richman Owen, Janice Rogers Brown, and William H. Pryor. Nominees David W. McKeague and Richard A. Griffin have since also been confirmed.

Brown, an African American, is considered the most conservative of Bush's nominees by civil rights groups. They fear she will attempt to turn the clock back on affirmative action and laws against age discrimination, housing discrimination, and corporate abuse. Owen tried to rewrite Texas law to create higher barriers for women seeking legal abortions, and Pryor has called for the repeal or weakening of major provisions of the Voting Bights bight, broad bend or curve in a coastline, forming a large open bay. The New York bight, for example, is the curve in the coast described by the southern shore of Long Island and the eastern shore of New Jersey. The term bight may also refer to the bay so formed. Act of 1965.

Between 1995 and 2000, the Senate Judiciary chair blocked the confirmation vote of more than 60 of former President Bill Clintons judicial nominees. By contrast, the Senate confirmed 204, or 95%, of Bush's nominees for judgeships in his first term. Only 15, or 7.4%, of those judges were black

The tenuous compromise could fall apart during future battles to confirm nominees for the Supreme Court. In addition to replacing Chief Justice William Rehnquist, who is afflicted with thyroid cancer, Bush may name one or two justices to the court. All of the sitting justices except Clarence Thomas, 57, are over the age of 65.

Rights groups fear that Bush will make good on his promise to appoint judges to the Supreme Court who are ideologically in step with right-wing justices Antonin Scalia and Thomas.
COPYRIGHT 2005 Earl G. Graves Publishing Co., Inc.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:WASHINGTON REPORT
Author:Ruffin, David C.
Publication:Black Enterprise
Geographic Code:1USA
Date:Aug 1, 2005
Words:518
Previous Article:Lincoln Holdings purchase Mystics: deal makes BET co-founder Sheila Johnson part owner of three professional sports franchises.(SPORTSBIZ)(Black...
Next Article:Blacks jockey for political power: upcoming elections attract more African American hopefuls.(WASHINGTON REPORT)(Brief Article)
Topics:



Related Articles
Judging Clinton.(Pres Clinton's judicial selections)
The Clinton courts: liberals need not apply.(judicial appointments)(Cover Story)
Numbers game. (federal judicial selection a political process)
SUDAN - Feb. 20 - Military Helicopter Attacks UN Food Distribution Site.(Brief Article)
Cooperate on judges.(Editorials)(Seek the best, not the most ideological)(Editorial)
SUDAN - Dec 19 - Government Agrees To End Hostilities.
Should Supreme Court Justices continue to have life tenure? The Constitution says justices may serve until death or retirement, but some question...
After compromise, extremist judges win seats on U.S. courts.(PEOPLE & EVENTS)
IRAQ - Iran/Syrian Role In Hizbullah-Israel War In Lebanon.
ARAB AFFAIRS - Nov 26 - Gaza Ceasefire Raises Hopes Of Talks.

Terms of use | Copyright © 2008 Farlex, Inc. | Feedback | For webmasters | Submit articles