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Judicial Nominees

September 7, 2003

The Filibuster of Bush Judges: Is it Justified?
This week, Miguel Estrada removed his name from contention as a Bush nominee to the D.C. Circuit Court of Appeals because 45 Democrats blocked his nomination from coming up for a vote. He is the third Bush nominee to be refused a vote. In contrast, the Republicans refused to allow more than 60 Clinton nominees to have a vote in the Senate on their nomination.

The Republicans — including talk-show hosts like Sean Hannity — are calling the Democrats racist and anti-Catholic, with a convenient amnesia as to the votes Republicans Senators refused to allow Clinton nominees just a few years ago, as well as the myriad of Democratic-sponsored bills with majority Congressional support that Republicans have bottled up in Congress.
What is THE INSIDE SCOOP here?
What was the Republican rationale for refusing to give a vote on 60+ Clinton nominees in the 90’s?
Why have Democrats approved 145 Bush judges?
Why have Democrats refused a vote on three Bush judges?
Is the refusal to allow a vote unprecedented or unconstitutional?
Is there a “nuclear” option, where the Republicans can disobey Senate rules and force a nominee through anyway? (Sean Hannity advocates this option.)
Do you think Sean Hannity, who is complaining this week about Democratic filibustering:
a) has amnesia?
b) is blazing idiot?
c) is a pathological liar?
d) is an intellectually dishonest hypocrite? or…
e) None of the above, because you defend Hannity’s position.
More importantly, given that 5 Justices of the Supreme Court lawlessly selected the President of the United States against the will of the majority of Americans (and the majority of Floridians) and in flagrant violation of the U.S. Constitution, isn’t the best way to tell Scalia, “Hey! Let American voters choose the President, not the Judiciary!” simply to refuse ALL Bush nominees unless and until Bush or someone else is elected President pursuant to the U.S. Constitution and the laws enacted thereunder?
My guest is Marcia Kuntz, Director of the Judicial Selection Project for the Alliance for Justice.

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