Monday, June 12, 2006

No Haynes and No Flag Amendment

According to ConfirmThem via the American Spectator Blog the conservative groups are demanding a vote on the Judges, particularly Haynes rather than consideration of a flag amendment. I believe that they only care about Jim Haynes because it appears that a Republican Sen. Lindsey Graham is holding him up and they think he should get a vote.

I don’t think that any senator thinks these issues are the equivalent of “boob bait and switch.? They all know the importance of the court and wish to confirm fit and qualified judges. This is their duty.

I am not sure what Mr. Keene complains of we have confirmed 7 of the original 11 stalled nominees, as well as a Chief Justice and an Associate Justice of the Supreme Court. This seems like most of what they wanted. One nominee withdrew and another faces ethics questions. Mr. Haynes is stalled because of his role in the torture memos. The most likely to have the stall lifted is William Myers because his questions are ones of ideology rather than ethics or job performance.

Jan LaRue is correct that it is the Senate’s duty to advise and consent, however, that does not mean to just approve every nominee that comes from the White House. It is part of that duty to thoroughly examine a nominee for any problems that they may pose. There is other pressing business beside the judges. Mr. Haynes is being blocked because of his role while DoD General Counsel in the torture scandal.

William Greene is incorrect because the duty is for the Judiciary Committee to first thoroughly examine the nominee and take care of any objections, when possible, before the nominee is voted out to the floor. Once on the floor they are supposed to get an up or down vote. Sure Sen. Graham will answer to his constituents, but he is doing the right thing by blocking Mr. Haynes.

The issue with Judge Boyle’s rate of cases overturned may not be as much the number or percentage as what issues and questions he has been overturned on by the higher courts.

I agree that reforms need to be passed regarding timetable for consideration of nominees, however, we also need to allow Senators to use their prerogative to block unacceptable nominees, even if they must tell us they are doing it.

I agree with all the sentiments expressed about judges being confirmed in a timely manner being the faithful dispatch of the Constitution, but this must also apply when a Democrat president sends nominees to the Senate.

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