To: JohnM who wrote (86 ) 5/1/2003 9:10:48 AM From: LindyBill Respond to of 793983 "NRO" Bush must have been really over the line with this Arkansas nomination, John. Doubts, Filibusters, and Schumer's Wacky Idea A bad day for the GOP on the judicial front. Thursday promises to be a day of turmoil and, occasionally, farce in the ongoing battle between the White House and Senate Democrats over the president's judicial nominations. In the turmoil category is the Senate Judiciary Committee's planned vote on the nomination of Leon Holmes to a seat on the U.S. District Court in Arkansas. When the committee meets this morning, it will likely alter its normal voting procedure out of fears that one or more Republicans might vote against Holmes. So far no committee Republican has ever voted against a Bush judicial nominee. Holmes has come under fire from Democrats for his strong pro-life views, particularly statements he made while president of the group Arkansas Right to Life. When the committee meets this morning, it appears that chairman Orrin Hatch will ask members to vote to send Holmes's nomination to the full Senate with no recommendation. Normally, the committee votes to send a candidate to the full Senate with a favorable recommendation; only if that vote fails does the committee then decide whether to send the candidate on with no recommendation. It appears that Hatch will skip the first vote because of worries that some Republicans ? most likely Pennsylvania Sen. Arlen Specter ? might vote against Holmes. It's thought that Specter will agree to vote in favor of sending the nomination to the full Senate with no recommendation. Also contributing to the turmoil on the judicial front, this morning the full Senate will vote on whether to hold an up-or-down confirmation vote on the federal appeals court nomination of Priscilla Owen. Democrats have vowed to filibuster the nomination, as they have done with the nomination of appeals court candidate Miguel Estrada, and it appears Minority Leader Tom Daschle has the votes to frustrate the Republican majority. "They're acting like they do," says one GOP insider of Democrats. "They're cocky." In the Estrada standoff, 45 Democrats have voted to support the filibuster, meaning that Republicans are five votes short of having the 60 votes necessary to cut off debate and hold a confirmation vote. It's not clear whether all 45 Democrats who have blocked Estrada will also agree to block Owen, but Democrats appear confident. "We know that the other side doesn't have 60, which is the only number that matters" says a Democratic aide. "Whether the vote is 42 or 49 or 55, if they don't have 60, the result is the same." Meanwhile, the battle over the federal judiciary took a farcical turn Wednesday when New York Democratic Sen. Charles Schumer, perhaps the most zealous critic of Bush judicial nominees, sent the White House a proposal to end the current conflict. Schumer's idea is simple. The problem would be solved, he says, if the president would simply give up his constitutional right to nominate judges. Instead, Schumer suggests that Both the Administration and the Senate should agree to the creation of nominating commissions in every state, the District of Columbia, and each Circuit Court of Appeals. Every commission will consist of an equal number of Republicans and Democrats, chosen by the President and the opposition party's Senate leader. Each commission will propose one candidate to fill each vacancy. Barring evidence that any candidate proposed by a commission is unfit for judicial service, the President will nominate the individual and the Senate will confirm her or him. Article 2, Section 2 of the Constitution says the president "shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for..." In his letter to the president, Schumer says that under his proposed system, "By giving the President and the Senate equal roles in picking the judge-pickers, both retain some control over the process, but neither gets a stranglehold." So far the White House has not responded.nationalreview.com