Thursday, May 12, 2005
Only 53% Of Judges Confirmed
The Democrats' judicial-filibuster campaign has been unprecedented in scope, intensity and duration. Not surprisingly, therefore, it has achieved its primary goal, which has been to eviscerate President Bush's electorally transmitted constitutional prerogative to shape the federal courts.
On his dalythoughts.com blog, Gerry Daly has elucidated the postwar record. Here are Mr. Daly's provocative findings.
During the first complete two-year Congress of their presidencies, postwar presidents achieved the following confirmation rates for their circuit-court nominees: Truman (80th Congress; 3/3: 100 percent); Eisenhower (83rd; 12/13: 92.3 percent); Kennedy (87th; 17/22: 77.3 percent); Johnson (89th; 25/26: 96.2 percent); Nixon (91st; 20/23: 87 percent); Ford (94th; 9/11: 81.8 percent); Carter (95th: 12/12: 100 percent); Reagan (97th: 19/20; 95 percent); G.H.W. Bush (101st; 22/23: 95.7 percent); Clinton (103rd: 19/22: 86.4 percent); G.W. Bush (107th; 17/32: 53.1 percent).
Thus, for the first complete two-year Congresses of the 10 postwar presidencies preceding George W. Bush's, the circuit-court confirmation rate averaged 91.2 percent. For Mr. Bush, it was 53.1 percent.
Moreover, before George W. Bush, no president's confirmation rate during his first complete Congress fell below 77 percent, which is nearly 50 percent (and 24 percentage points) higher than Mr. Bush's confirmation rate.
If we exclude Mr. Bush's two circuit-court nominees who were appointed to the federal judiciary by Mr. Clinton and nominated for the circuit-court bench by Mr. Bush as an unrequited, magnanimous gesture to the Democrats, then Mr. Bush's first-Congress confirmation rate falls to 50 percent (15/30), which is half Mr. Clinton's first-Congress effective rate.
This is a record of unprecedented obstructionism that simply cannot be permitted to continue through systematic filibustering.
The nation is now deep into its eleventh year during which the membership of the U.S. Supreme Court has not changed. That time span, which dates to August 1994, is the longest such period since the 1820s.
The Democrats' judicial-filibuster campaign has been unprecedented in scope, intensity and duration. Not surprisingly, therefore, it has achieved its primary goal, which has been to eviscerate President Bush's electorally transmitted constitutional prerogative to shape the federal courts.
On his dalythoughts.com blog, Gerry Daly has elucidated the postwar record. Here are Mr. Daly's provocative findings.
During the first complete two-year Congress of their presidencies, postwar presidents achieved the following confirmation rates for their circuit-court nominees: Truman (80th Congress; 3/3: 100 percent); Eisenhower (83rd; 12/13: 92.3 percent); Kennedy (87th; 17/22: 77.3 percent); Johnson (89th; 25/26: 96.2 percent); Nixon (91st; 20/23: 87 percent); Ford (94th; 9/11: 81.8 percent); Carter (95th: 12/12: 100 percent); Reagan (97th: 19/20; 95 percent); G.H.W. Bush (101st; 22/23: 95.7 percent); Clinton (103rd: 19/22: 86.4 percent); G.W. Bush (107th; 17/32: 53.1 percent).
Thus, for the first complete two-year Congresses of the 10 postwar presidencies preceding George W. Bush's, the circuit-court confirmation rate averaged 91.2 percent. For Mr. Bush, it was 53.1 percent.
Moreover, before George W. Bush, no president's confirmation rate during his first complete Congress fell below 77 percent, which is nearly 50 percent (and 24 percentage points) higher than Mr. Bush's confirmation rate.
If we exclude Mr. Bush's two circuit-court nominees who were appointed to the federal judiciary by Mr. Clinton and nominated for the circuit-court bench by Mr. Bush as an unrequited, magnanimous gesture to the Democrats, then Mr. Bush's first-Congress confirmation rate falls to 50 percent (15/30), which is half Mr. Clinton's first-Congress effective rate.
This is a record of unprecedented obstructionism that simply cannot be permitted to continue through systematic filibustering.
The nation is now deep into its eleventh year during which the membership of the U.S. Supreme Court has not changed. That time span, which dates to August 1994, is the longest such period since the 1820s.
