WP: Ye Shall Be Judged -- Not
By Michael Abramowitz
Monday, May 5, 2008; Page A15
President Bush hasn't been having an easy time lately with Congress: One case in point is the ongoing confrontation over his judicial nominations. Only a few weeks ago, the White House appeared pleased that Majority Leader Harry M. Reid (D-Nev.) agreed, under GOP pressure, to move three appellate nominees through the Senate by Memorial Day. Here was an opportunity, some conservatives thought, to finally approve the long-standing nomination of former Justice Department official Peter D. Keisler for the U.S. Court of Appeals for the D.C. Circuit and provide reinforcements for the 4th Circuit, a conservative bulwark that handles some of the country's most sensitive terrorism cases.
But as Memorial Day approaches, it's becoming increasingly clear that the Democrats have other ideas. They do appear to be on track to fulfill Reid's promise of approving three Circuit Court nominees, but only one of the three can be fairly described as someone Bush wanted.
Last week, for instance, the Judiciary Committee held hearings on the nomination of Virginia Supreme Court Justice G. Steven Agee to the U.S. Court of Appeals for the 4th Circuit. The White House had wanted another nominee but was forced to backtrack because of opposition from Virginia Sens. John W. Warner (R) and James Webb (D). Agee was recommended by the two Virginia senators. This week, the committee will consider the nominations of a pair of Michigan jurists to the 6th Circuit, but only one of them, Raymond M. Kethledge, is a Bush choice. The other is Michigan appellate judge Helene N. White, whose nomination by President Clinton was blocked by Senate Republicans. Bush agreed to submit her name for the 6th Circuit as part of a deal with Sen. Carl M. Levin (D-Mich.), who is White's cousin-in-law....
Meanwhile, there's a struggle going on for the direction of the 4th Circuit, which has been dominated by conservatives for years but now appears evenly split because of retirements. If the Democrats can run out the clock on the Bush administration -- and elect one of their own to the presidency -- they could theoretically tilt the court in a more liberal direction....
The politics of the situation does not augur well for the White House. The administration is angry that the Senate is falling behind what officials argue is its historical pattern of approving 15 to 17 appellate nominations in the last two years of a president's term (seven have been approved), but Democrats are offering no indication that they plan to speed things up.
http://www.washingtonpost.com/wp-dyn/content/article/2008/05/04/AR2008050401936.html?hpid=sec-politics