Tuesday, December 6, 2011

The Senate GOP’s Appalling Judicial Confirmation Double Standard

Earlier this afternoon, the Senate voted 54-45 to allow D.C. Circuit nominee Caitlan Halligan’s nomination to move forward — which, in the bizarro universe that is the United States Senate, is six votes shy of what she needs. Worse, this happened despite the fact that her opponents could barely even articulate an argument against her.

The case against Halligan essentially boils down to a claim that, because she wrote legal briefs when she was New York’s solicitor general that annoyed the NRA and other conservative interest groups, she must be branded a ultra-liberal and banned from judicial service. If anyone actually took this argument seriously, it would mean that President Bush’s first solicitor general could not serve on the bench because he once defended a campaign finance law, and Bush’s second solicitor general is also too liberal to serve because he won a Supreme Court case that conclusively establishes that the Affordable Care Act is constitutional.

Needless to say, this is not the standard that prevailed when George W. Bush was in the White House. Unlike Halligan, many of Bush’s appointees to the DC Circuit are among the most ideological judicial nominees selected in the last several decades — and yet Bush’s judges nowcontrol nearly half the active judgeships on this important court. Bush’s appointees to the D.C. Circuit include:
Senate Republicans saw no reason why these deeply ideological nominees should be kept off the bench when their names were before the Senate, and there is no evidence whatsoever that Halligan is a radical in the vein of Roberts, Kavanaugh or Brown. But, of course, in the era of Mitch McConnell, the only rule that really matters is the rule of obstructionism.

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