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TO A FRIEND
COMMITTEE FOR JUSTICE
1920 L Street, N.W., Suite 200
Washington, DC 20036FOR IMMEDIATE RELEASE: Friday, August 3, 2007
CONTACT: Curt Levey, (202) 270-7748,Southwick Win is Huge Setback for Dems, But Fight is Not Over
Feinstein, Specter, McConnell & GOP Contenders Make the Difference With 29 Nominees Waiting, Reid & Leahy Must Keep Pace With Their Promise
WASHINGTON, DC The Committee for Justice (CFJ) applauded today the Senate Judiciary Committee's approval of Fifth Circuit nominee Leslie Southwick, reflected on the lessons learned, and looked towards the confirmation of Judge Southwick and the President s 28 other judicial nominees.
"The Judiciary Committee s approval of Judge Southwick is a huge setback for Senate Democrats attempts to turn the Constitution on its head by hijacking the appointment of federal judges," said CFJ executive director Curt Levey. "Democrats and their allies on the Left decided to target Southwick despite his unanimously well-qualified rating by the liberal American Bar Association to show the President and Senate Republicans that they could stop any nominee they chose. Instead, Southwick s opponents learned a resounding lesson that virtually ensures his confirmation by the full Senate, and will also have a lasting effect throughout the remainder of President Bush's term."
"Much of the credit for yesterday s victory belongs to Senators Arlen Specter and Mitch McConnell and we congratulate them," Mr. Levey said. "As Ranking Member of the Judiciary Committee, Specter led the fight for Judge Southwick. The turning point came when Sens. McConnell and Specter introduced a resolution calling for this nominee to get a vote by the full Senate. That meant that the many red state Democrats in the Senate would have to publicly choose between an exceptionally qualified Iraq War veteran like Southwick and the ultra-liberal special interest groups that opposed him. At that point, it was all over.
"Too often, Senate Democrats have allowed special interests on the Left to call the shots on judicial nominations, rather than risking the groups wrath," Levey pointed out. "Sen. Dianne Feinstein took the opposite route yesterday when she voted for Judge Southwick. We congratulate her for doing the right thing. Her vote was a profile in courage.
"The fact that all four of the major GOP presidential contenders Giuliani, McCain, Romney, and Thompson weighed in right before the vote also made a big difference, concluded Levey. They helped to shine the light of day on the Democrats shameful treatment of Judge Southwick, and with that, the attempt to obstruct him collapsed. The allegations against Southwick made for great rhetoric, but there was no substance behind them.
"The last thing the Democrats want is for judicial nominations to become a highly visible issue again," added Levey. "After all, Senate Democrats remember that the judges issue cost them seats in the 2002 and 2004 elections.
"But now is not the time for Senate Republicans, the Administration, or Judge Southwick's many other supporters to let their guard down," Levey cautioned. "The full Senate still needs to do its job by scheduling and holding an up-or-down vote on Southwick. Yesterday, Majority Leader Harry Reid promised exactly that. But this spring, he also promised along with Judiciary Chairman Pat Leahy that Judge Southwick would be confirmed by Memorial Day. So we need to hold his feet to the fire.
"Some of Southwick s critics on the Left are already calling for a filibuster," Levey noted. "Perhaps they have forgotten that a filibuster is a tactic used by the minority. Democrats control the Senate and would essentially be filibustering themselves."
Levey cited another reason why now is not the time to rest on our laurels. "In addition to Southwick, there are eight other appeals court nominees awaiting confirmation by the Senate, six of them to seats declared judicial emergencies. Three of those nominees Peter Keisler, Stephen Murphy, and Raymond Kethledge have been waiting for more than a year. And that s not even counting the 20 district court nominees awaiting confirmation.
"The problem is that Sens. Reid and Leahy are not delivering on their promise to Republicans to confirm appeals court judges at a one per month pace," explained Levey. "That pace is necessary just to meet the historical average established during the final two years of the Reagan, Bush I, and Clinton presidencies, when the Senate was controlled by the opposition party. If the promise had been kept, the country would have at least seven new appeals court judges this year. Instead, we have only three."
The Committee for Justice is a non-partisan, non-profit organization devoted to promoting constitutionalist judicial nominees and the rule of law.
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