{"id":7204,"date":"2006-04-21T13:00:36","date_gmt":"2006-04-21T17:00:36","guid":{"rendered":"http:\/\/www.thecarpetbaggerreport.com\/?p=7204"},"modified":"2006-04-21T13:00:36","modified_gmt":"2006-04-21T17:00:36","slug":"fighting-over-judicial-nominees-again","status":"publish","type":"post","link":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/fighting-over-judicial-nominees-again\/","title":{"rendered":"Fighting over judicial nominees again"},"content":{"rendered":"<p>A couple of weeks ago, the National Review&#8217;s Rich Lowry <a href=\"http:\/\/corner.nationalreview.com\/06_04_09_corner-archive.asp#094621\">sketched out<\/a> a seven-point comeback plan for Bush and the GOP. Among the suggestions was for the president to &#8220;push for the [tag]confirmation[\/tag] of his circuit [tag]judges[\/tag] that are pending. Talk about them by name. The [tag]GOP[\/tag] wins [tag]judiciary[\/tag] fights.&#8221;<\/p>\n<p>Apparently, some Republicans in DC decided this was a pretty good idea. James Dobson&#8217;s Focus on the Family sent <a href=\"http:\/\/www.family.org\/cforum\/extras\/a0040193.cfm\">this<\/a> to its membership yesterday.<\/p>\n<blockquote><p>Senate Majority Leader [tag]Bill Frist[\/tag], R-Tenn., plans to bring two controversial judicial nominees to the floor in May.<\/p>\n<p>A Frist aide said Tuesday that votes will likely be scheduled next month on the long-blocked nominations of U.S. District Judge [tag]Terrence Boyle[\/tag] to the 4th U.S. Circuit Court of Appeals and White House aide [tag]Brett Kavanaugh[\/tag] to the U.S. Circuit [tag]Court of Appeals[\/tag] for the District of Columbia Circuit.<\/p><\/blockquote>\n<p>As political strategies go, this is actually pretty sound. The far-right base desperately wants Bush to stack the courts with more conservative ideologues. These fights rally the troops, help with fundraising, and generally work in the GOP&#8217;s favor because Dems only have 45 votes, a few of which usually vote with Republicans on fights over judicial nominees.<\/p>\n<p>So, who are Boyle and Kavanaugh? It&#8217;s been a while since we dove into this issue, so it&#8217;s probably time for a reminder about the cast of characters.<\/p>\n<p><a href=\"http:\/\/www.independentjudiciary.com\/nominees\/nominee.cfm?NomineeID=11\">Terrence Boyle<\/a> has been accurately described as a &#8220;right-wing judicial activist who has sought to roll back well-settled precedents and override the express will of Congress.&#8221; Boyle is so ideological, even the 4th Circuit, the nation&#8217;s most conservative circuit, has admonished Boyle, &#8220;repeatedly reversing or criticizing him for subverting basic procedural rules and misconstruing clear legal principles.&#8221; Indeed, Boyle has been reversed over <i>150 times<\/i> by the 4th Circuit. <a href=\"http:\/\/www.americanprogressaction.org\/site\/pp.asp?c=klLWJcP7H&#038;b=403223#2\">The man&#8217;s record<\/a> is one of hostility for minorities, the disabled, and women. And soon, Senate Republicans and the Bush White House may pick a fight over whether Boyle deserves a lifetime appointment to the appeals court bench.<\/p>\n<p>Oddly enough, Kavanaugh may be even <i>more<\/i> controversial.<br \/>\n<!--more--><br \/>\nIn January, Bush <a href=\"http:\/\/www.washingtonpost.com\/wp-dyn\/content\/article\/2006\/01\/25\/AR2006012501165.html\">renominated<\/a> Kavanaugh to the U.S. Court of Appeals for the District of Columbia Circuit, generally considered the second most important court following the [tag]Supreme Court[\/tag]. Dems had blocked Kavanaugh&#8217;s nomination once, but Bush wanted to start the fight over again.<\/p>\n<p>[tag]Kavanaugh[\/tag] is not exactly a household name, but chances are you know his handiwork.<\/p>\n<p>Kavanaugh was a key member of [tag]Ken Starr[\/tag]&#8217;s impeachment team and helped lead the investigation of Vince Foster&#8217;s suicide. Indeed, Kavanaugh personally wrote the portion of the Starr report that outlined Starr&#8217;s reasons for Congress to impeach Clinton in 1998. As Roll Call <a href=\"http:\/\/www.rollcall.com\/pub\/49_113\/news\/5294-1.html\">reported<\/a> way back in April 2004:<\/p>\n<blockquote><p>From Starr to Monica Lewinsky to Manuel Miranda &#8212; the former GOP staffer at the center of the improperly accessed Democratic memos &#8212; Kavanaugh has connections directly or indirectly to a host of scandal figures who have irked Democrats in recent years. [\u2026]<\/p>\n<p>While in the counsel&#8217;s office Kavanaugh was also at the center of a few other decisions, including one to restrict access to presidential documents traditionally released after 12 years. Democratic staff said this was a bit of legal irony since, while working for Starr, Kavanaugh spent a lot of time and effort trying to unseal documents on which the Clinton administration claimed executive privilege.<\/p><\/blockquote>\n<p>His connections to GOP scandals aside, Kavanaugh is still an odd choice for a lifetime spot on the DC Circuit. He has no judicial experience, a fairly limited legal background outside partisan political work (his trial work is <a href=\"http:\/\/www.thenation.com\/doc.mhtml?i=20040126&#038;s=newfield\">practically non-existent<\/a>), and if confirmed, would be one of the youngest judges in the history of the DC Circuit.<\/p>\n<p>So, what&#8217;s Kavanaugh done lately? For the past few years, he&#8217;s been helping Bush pick judges like John Roberts and Samuel Alito.<\/p>\n<p>Republicans, directionless and nervous, believe fighting over Kavanaugh and [tag]Boyle[\/tag] will help get them back on track. Dems have no reason in the world to let these two get confirmed.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A couple of weeks ago, the National Review&#8217;s Rich Lowry sketched out a seven-point comeback plan for Bush and the GOP. Among the suggestions was for the president to &#8220;push for the [tag]confirmation[\/tag] of his circuit [tag]judges[\/tag] that are pending. Talk about them by name. The [tag]GOP[\/tag] wins [tag]judiciary[\/tag] fights.&#8221; Apparently, some Republicans in DC [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[617],"tags":[],"class_list":["post-7204","post","type-post","status-publish","format-standard","hentry","category-general"],"_links":{"self":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts\/7204","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/comments?post=7204"}],"version-history":[{"count":0,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts\/7204\/revisions"}],"wp:attachment":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/media?parent=7204"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/categories?post=7204"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/tags?post=7204"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}