Judicial impasse frustrates Hatch
"We've only confirmed four judges all year," Hatch, chairman of the Senate Judiciary Committee, complained during a committee meeting Thursday. The Senate often will confirm nearly 100 judges in a year, although election years are always slower.
However, Democrats blocked votes on judges earlier this year to prod along a probe into how two former Hatch aides raided computer files of Democrats. When that was completed, they allowed confirmation of the only four judges approved so far.
Meanwhile, they have also been stalling judges to protest Bush using a "recess appointment" to put on the bench without Senate confirmation two appeals court judges whom Democrats had been blocking — Charles Pickering and William Pryor. Democrats said they were too conservative on issues such as abortion.
"The recess appointments (made when Congress is not in session) would not have been made in the first place if simple up-or-down votes were permitted" on the pair, Hatch said, complaining that retaliating with a freeze on all judges now is unfair.
"In short, an exceptionally qualified group of judicial nominees is languishing on the calendar," he said. "We will soon be compelled to bring these matters to the floor if an acceptable compromise cannot be reached."
That would be a declaration of political war in the Senate where most items are brought up through unanimous consent. Democrats could then choose to filibuster — or talk to death — the nominees. The only way to stop that is with a three-fifths majority vote, or 60 of the 100 senators. However, Republicans hold only 51 seats.
Hatch and Republicans might not be able, therefore, to push through the nominees — but they could create a big election-year topic by drawing attention to the Democratic stalling.
"I am prepared to make one last effort. If there is interest on the other side of the aisle, I will do everything in my power to try to resolve this impasse," Hatch said.
Sen. Patrick Leahy, D-Vt., the ranking Democrat on the committee, said the White House is the one that has been unwilling to work with Democrats to nominate more moderate people to the bench, and work out compromises to allow votes.
He said such a slowdown also is not unprecedented — and said that in 1996 when Bill Clinton faced re-election, Republicans did not allow confirmation of any judges until July of that year. But Leahy also said he will try once more to work out a compromise.
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