Senate Democrats yesterday blocked three of President Bush’s nominees to the 6th U.S. Circuit Court of Appeals, bringing to 10 the number of judges filibustered in this Congress.
Democrats made clear they are holding up the nominees because of how Republicans treated some of President Clinton’s judicial appointments and the lack of consideration for Democratic senators’ preferences.
“Republicans have trampled on years of tradition, practice and comity. This sort of behavior may not easily be repaired, but must be exposed,” said Sen. Patrick J. Leahy, Vermont Democrat.
Democrats say that in the 1990s Republicans refused to consider several of Mr. Clinton’s nominees to the 6th Circuit, including the wife of a cousin of Sen. Carl Levin, Michigan Democrat. President Bush has since nominated his own picks to fill those seats.
Democrats have said they still want the Clinton nominations considered, and will block all Bush appointments to the court until Republicans reach a compromise with Mr. Levin and concede they erred in blocking the Clinton nominees.
“That is not an acceptable tactic. It should not be allowed to succeed, and that is the fundamental issue here with these nominees,” Mr. Levin said.
Mr. Bush nominated Henry W. Saad, David W. McKeague and Richard A. Griffin to the 6th U.S. Circuit Court of Appeals, with jurisdiction in Kentucky, Michigan, Ohio and Tennessee.
Both Mr. Levin and Sen. Debbie Stabenow, a fellow Michigan Democrat, object to the three, all of whom are from Michigan. For many years, the Senate operated under the courtesy that it would not pursue judges if home-state senators objected to them. Democrats say Republicans’ disregard for that policy leaves them no option but to filibuster.
It takes 60 votes to overcome a filibuster. The votes were 53-44 for Mr. McKeague, 54-44 for Mr. Griffin and 52-46 for Mr. Saad.
Senate Majority Whip Mitch McConnell, Kentucky Republican, said Democrats don’t have the right to force Mr. Bush to renominate their picks.
“Let’s get back to first principles. Democrat senators do not get to pick circuit court judges in Republican administrations. In fact, Republican senators — myself included — do not get to pick circuit court judges in Republican administrations,” he said.
With little prospect of getting any more judges approved, Republicans now are trying to force Democrats to filibuster as many as they can. They say voters will see Democrats as obstructionists, and that the issue will swing some voters in November’s elections.
“It is the American people, I believe, who in a little more than 100 days will next vote on this issue,” said Sen. John Cornyn, Texas Republican.
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