Bush Resubmits Seven Judicial Nominees Previously Blocked by Senate Democrats, Including Candidates Blocked Because of Abortion St

Main Category: Abortion
Article Date: 17 Feb 2005 - 10:00 PDT

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President Bush on Monday resubmitted to the Senate 20 judicial nominees, including seven federal appeals court nominees who during the last Congress were blocked by Democratic filibusters because of concerns about their records on issues such as abortion rights, the... Washington Times reports (Hurt, Washington Times, 2 /15). Bush has renominated California Supreme Court Justice Janice Rogers Brown for the U.S. Court of Appeals for the District of Columbia, Texas Supreme Court Justice Priscilla Owen for the 5th U.S. Circuit Court of Appeals in New Orleans and former Alabama Attorney General William Pryor for the 11th U.S. Circuit Court of Appeals in Atlanta (Fletcher/Babington, Washington Post, 2/15). Senate Democrats last year used filibusters to block confirmation votes for Rogers Brown, Owen and Pryor. Bush appointed Pryor to the court in February 2004 using his recess-appointment powers, but his nomination now must be approved by the Senate to allow him to remain on the court panel (Kaiser Daily Reproductive Health Report, 1/3). Some abortion-rights supporters have opposed Rogers Brown's nomination because of her dissent in the California Supreme Court's 1997 decision that allowed teenagers to obtain abortions without the consent of a parent or judge (Kaiser Daily Reproductive Health Report, 11/7/03). Some of the controversy over Owen's nomination stems from a dissent she wrote from a ruling interpreting Texas' law permitting a teenager to obtain an abortion without parental notification if she can demonstrate to a court that she is mature enough to understand the consequences of the procedure (Kaiser Daily Reproductive Health Report, 9/17/03). Senate Democrats have said that they opposed Pryor's nomination because he has what they describe as a "right-wing" or "extreme" record influenced by his personal views on issues such as abortion (Kaiser Daily Reproductive Health Report, 5/19/04).

Other Blocked Nominees Not Renominated
Democratic senators last year also blocked votes for Los Angeles Superior Court Judge Carolyn Kuhl, a nominee to the 9th U.S. Circuit Court of Appeals in San Francisco; HHS Deputy Secretary Claude Allen, a nominee to the 4th U.S. Circuit Court of Appeals; and attorney Miguel Estrada, a nominee to the U.S. Court of Appeals for the District of Columbia, who withdrew his nomination in 2004. Senate Democrats also blocked the appointment of Charles Pickering, who Bush in January 2004 used his recess-appointment powers to temporarily seat on the 5th U.S. Circuit Court of Appeals. However, Pickering in November 2004 announced his retirement and did not seek a permanent position on the court when his term expired that month. Bush has chosen not to re-nominate Estrada, Kuhl and Allen (Kaiser Daily Reproductive Health Report, 1/3).

Reaction
With increased majorities in the Senate, Republicans are "optimistic" that the judicial nominees who were blocked in Bush's first term will be confirmed this year, the New York Times reports (Hulse, New York Times, 2/15). Senate Majority Leader Bill Frist (R-Tenn.) said he is "hopeful" that Democrats will work with him to get up-or-down votes on each nominee (Stanton, CongressDaily, 2/15). However, Democrats have "vowed to thwart" the nominees who they believe are "too conservative," according to the Post. "We should not divert attention from other pressing issues facing this nation to re-debate the merits of nominees already found too extreme by this chamber," Senate Minority Leader Harry Reid (D-Nev.) said ( Washington Post, 2/15). Frist said that Republicans will use "diplomacy" to gain up-or-down votes on the nominees but added that Republicans have the 51 votes necessary to change Senate rules and ban filibusters on judicial nominees, according to the Washington Times. Democrats say there will be a "political meltdown" if Republicans execute the so-called "nuclear option" of changing Senate rules to prevent filibusters of judicial nominees, according to the Washington Times. "The nuclear option is aptly named because it will blow up the Senate," Sen. Charles Schumer (D -N.Y.) said. Senate Judiciary Committee Chair Arlen Specter (R-Penn.) said he hopes to avoid changing Senate rules, adding, "I'm not going to jump off that bridge until I come to it, and I hope I don't come to it" (Washington Times, 2/15).

"Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Daily Reproductive Health Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Daily Reproductive Health Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

Article adapted by Medical News Today from original press release.
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