Another RWE coming to an appellate court near you.....
Bush Judicial Nominee Gets Panel's Nod
In voting in favor of a conservative lawyer, Republicans on the Senate Judiciary Committee harnessed new
majority power.
By David G. Savage, Times Staff Writer
WASHINGTON -- Republicans on the Senate Judiciary Committee put their
new, narrow majority to work Thursday, approving Miguel Estrada, a
41-year-old conservative lawyer, to be a judge on the U.S. Court of Appeals
here.
The action came on a 10-9 vote, with all the Republicans voting to support
President Bush's nominee, and all the Democrats voting to reject him.
The nomination now
moves to the full Senate
-- where the
Republicans have a
two-seat majority -- for
final approval.
The fight over Estrada
grew unusually
contentious for two
reasons.
If confirmed, he will give
Republican-appointed
judges a one-vote
majority on an appeals
court that is often called the second most important in the nation, subordinate
only to the U.S. Supreme Court.
The U.S. Court of Appeals for the District of Columbia Circuit decides key
regulatory disputes on issues such as pollution control, worker safety, radio and television broadcasting
and antitrust law as, most recently, in the Microsoft case.
The court has eight active judges, four of them named by Republicans and four by Democrats. During
President Clinton's second term, Senate Republicans blocked two of his nominees who could have
tilted the balance in favor of the liberals.
Sen. Edward M. Kennedy (D-Mass.), the Senate's liberal leader on issues such as workers' rights, said
that balance was reason enough to reject Estrada. "One vote makes all the difference. We have a court
that is evenly balanced," he said. As for Estrada, Kennedy said, "his record is empty."
The other central reason for the partisan divide is concern about a possible Supreme Court vacancy.
If he becomes a judge, Estrada, a native of Honduras, could be a contender to be the first Latino
chosen for the high court.
White House counsel Alberto R. Gonzales, a former Texas Supreme Court justice and a trusted
advisor to Bush, is seen by most administration officials as the leading candidate to fill a high court
vacancy. (just to make sure he can get elected again with supreme court help)
Nonetheless, some conservatives in and outside the government complain privately that Gonzales is a
moderate on issues such as affirmative action and abortion. They prefer Estrada.
Sen. Charles E. Schumer (D-N.Y.) called Estrada a "far-right stealth nominee" who is "sort of
reminiscent of Clarence Thomas."
In 1990, Thomas was nominated by the senior President Bush to serve as a judge on the same appeals
court in Washington.
A year later, Bush chose him to fill the Supreme Court vacancy created by the retirement of Justice
Thurgood Marshall.
During both of his confirmation hearings, Thomas said little in response to the senators' questions and
denied having strong personal views on the law. However, after being narrowly confirmed, he proved
to be the court's most reliable conservative, along with Justice Antonin Scalia.
During his confirmation hearing in September, Estrada gave brief and unrevealing answers to the
senators' questions and stressed that, as a judge, he would put aside his personal views and approach
each case "with an open mind."
Estrada was rated unanimously well-qualified by the American Bar Assn. last year. He clerked for
Justice Anthony M. Kennedy at the Supreme Court and worked in the U.S. Solicitor General's office
under Clinton and the first President Bush. He developed a reputation as a highly capable lawyer and
won praise from, among others, Seth P. Waxman, a solicitor general in the Clinton administration.
Since leaving government, Estrada has been a partner in the Washington office of Gibson, Dunn &
Crutcher, a law firm based in Los Angeles.
Latino groups are split over his nomination.
The League of United Latin American Citizens and the U.S. Hispanic Chamber of Commerce endorse
him. But the Mexican American Legal Defense and Educational Fund, the Congressional Hispanic
Caucus and the Puerto Rican Legal Defense Fund oppose him.
Sen. Dianne Feinstein (D-Calif.) said she was unimpressed with Estrada during the daylong hearing.
"He is very young, has very little of a record and has never been a judge," she said Thursday.
She said her office had about 3,300 calls this week regarding Estrada's nomination, and all but a
handful of the callers were opposed to his nomination.
Committee Chairman Orrin G. Hatch (R-Utah) sat quietly for much of the session while the Democrats
voiced their complaints about Estrada.
Hatch then called for the vote and, after the brisk tally, announced that Estrada's nomination would be
reported favorably to the Senate floor. |
