Confirmation Watch

The judicial confirmation process in the 107^th Congress has been stalled by politics, as qualified nominees to the federal bench have been held in limbo. In this section, the Center provides an up-to-date list of judicial nominees yet to be confirmed by the Senate. Most of them are being denied a hearing in the Judiciary Committee. Check back here often as we will frequently highlight the credentials of the nominees. Click on the links below to e-mail the members on the Senate Judiciary Committee. Tell them to end the political brinksmanship that is eroding the efficacy of the US judiciary.

This listing is not meant to endorse any of the nominees, but to encourage the timely fulfillment of the Senate’s constitutional duty to the confirmation process.

INDEX:
Nominee Spotlight • Circuit Court Nominees • District Court Nominees
The Senate Judiciary Committee • Commentary

NOMINEE SPOTLIGHT :

Jay S. Bybee

Jay Bybee was nominated May 22, 2002 by President George W. Bush to the U.S. Court of Appeals for the Ninth Circuit. He currently serves as Assistant Attorney General for the Office of Legal Counsel at the U.S. Department of Justice. Mr. Bybee began his career as a law clerk for The Honorable Donald Russell of the United States Court of Appeals for the Fourth Circuit before working as an associate in the Washington D.C. office of Sidley & Austin. He then served a five-year stint with the U.S. Department of Justice, working in both the Office of Legal Policy and the Civil Division, where he prepared numerous briefs and presented oral arguments in the U.S. Courts of Appeal and drafted Supreme Court briefs. From 1989 to 1991, Mr. Bybee served in the White House as Associate Counsel to the President.

In addition to his public service, Mr. Bybee has worked for many years in the academic arena, including nine years on the faculty of the Paul M. Hebert Law Center at Louisiana State University. In 1999, he joined the founding faculty of the William S. Boyd School of Law at the University of Nevada. He taught constitutional law, administrative law and civil procedure at both institutions. Mr. Bybee has been published in numerous law journals, including The Yale Law Review, Vanderbilt Law Review and The George Washington University Law Review.

A majority of the American Bar Association’s Committee on the Federal Judiciary ranks him "well-qualified," its highest rating.

* Information gathered from the Senate Judiciary Committee, White House,
Administrative Office of the U.S. Courts, U.S. Department of Justice Office of Legal Policy and various news articles.

* Information gathered from the Senate Judiciary Committee, White House,
Administrative Office of the U.S. Courts, U.S. Department of Justice Office of Legal Policy and various news articles.

THE SENATE JUDICIARY COMMITTEE

United States Senate Judiciary Committee
224 Dirksen Senate Office Building
Washington, DC 20510
202-224-7703 (Ph.)
202-224-9516 (Fax)

John McCain Strikes Again
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President George W. Bush’s judicial nominees face yet another hurdle in the U.S. Senate — Senator John McCain. The Arizona Republican has placed a hold on all nominations pending before the Senate, including 17 judicial nominees. And the "maverick" senator is vowing to prevent any action on their confirmations until the president assures him that Ellen Weintraub will receive a recess appointment to a seat on the Federal Elections Commission (FEC) during Congress’ upcoming August break...[more]

One Nation Under Siege by Establishment Clause Revisionism

A nation at war, which continues to mourn its fallen heroes from 9-11, wrapping itself in the collective comfort of a renewed spirit of patriotism, was rudely awakened yesterday morning to news that the Pledge of Allegiance is unconstitutional. In response to that ruling out of the U.S. Circuit Court of Appeals for the 9^th Circuit, Center Executive Director Eric Schippers released this statement...[more]

Estrada Memos Deserve More Privileges: The Debate over the Role and Obligations of Government Lawyers

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An attorney made that comment in a high-profile case involving the role and obligations of a lawyer in keeping confidential legal advise given to a client. Was it made in the Arthur Andersen document-shredding case involving Nancy Temple, the Andersen lawyer who advised her client not to put something in writing? Was it made by Daniel Bryant, assistant attorney general for legislative affairs, in reference to Senator Patrick Leahy’s request for litigation memorandums written by appeals court nominee Miguel Estrada?...[more]

Center to Senate Majority: Confirm the Judges

On the one-year anniversary of the day President George W. Bush sent his first 11 judicial nominees to the Senate for confirmation, the Center joined more than 50 organizations and 29 U.S. Senators at a Capitol Hill press conference to urge Majority Leader Daschle and Chairman Leahy to end the partisan politics and expedite the confirmation process.

To read the Center’s press release, click here.

The Politicalization of Justice

U.S federal courts are in crisis, primarily due to overloaded dockets, escalating judicial vacancies and the refusal of Senate Democrats to move the confirmation process. Instead, the Democrats seek to institutionalize ideology as the benchmark and character assassination as the means to fundamentally alter the constitutional integrity of "advise and consent."...[more]

(Not) Another Hallmark Holiday

May 1, 2002 marked the 45^th commemoration of National Law Day. In recognition, like many of his predecessors, President George W. Bush issued a proclamation, calling on all Americans to "reflect on the vital work performed by our Federal Judiciary in upholding the rule of law and on the importance of a robust and independent judiciary in our system of government." The president also sent his 100^th judicial nominee to the U.S. Senate...[more]

Confirmation Watch Update

The judicial confirmation process continues to stall in the Senate, and it appears the war over several embattled nominees has only just begun. This week, Judiciary Committee Ranking Member Orrin Hatch (R-UT) invoked his right under Senate rules to delay, for one week, the scheduled committee vote of Judge Charles Pickering, the president’s nomination to the Fifth Circuit Court of Appeals. He did so with the hope that at least one of his Democratic colleagues on the committee will change his mind on Pickering’s nomination. As it stands now, the move may only delay the inevitable, as the vote is all-but-certain to be a party-line 10-9 vote against the nomination...[more]

Center Joins Independent Women’s Forum in Urging Majority Leader to Confirm Judicial Nominees

On January 21, the Center joined the Independent Women’s Forum and more than 40 law professors, legal professionals, former government officials, and policy experts in urging Majority Leader Tom Daschle (D-SD) to "act with all deliberate speed to conduct hearings and schedule floor votes on all of the President’s judicial nominees." The letter was also sent to Senate Judiciary Committee Chairman Patrick Leahy (D-VT) and Ranking Minority Member Orrin Hatch (R-UT), and reproduced as an ad in the January 21 edition of Roll Call. To read the letter, click here.

Confirm the Judges, Mr. Chairman

Senator Leahy’s stated commitment could not be more urgent. The problem is it was made on February 22, 2000, when Mr. Leahy was ranking member of the Senate Judiciary Committee, Republicans held the chamber’s majority and Bill Clinton was President of the United States...[more]

The Politics of 2002

A year plagued by war, recession, bioterror attacks and political bickering ended with a considerable amount of unfinished business in the nation’s capitol — by design. Memories of bipartisan pledges faded as Congress abandoned unity and cooperation with not even a wink and a nod...[more]

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