Judicial nominations and political war games

June 25, 2008
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Today's post is from IL reporter Michael Hoskins:

Indiana hasn’t gotten any news this week so far in the arena of federal judicial nominations. But what’s happened is worth taking a look at.

The full U.S. Senate Tuesday evening confirmed a controversial Michigan appellate judge to the 6th Circuit Court of Appeals based in Cincinnati. Judge Helene White was elected to the Michigan Court of Appeals in 1992. What makes this confirmation historic is that her name has been in the hat for the 6th Circuit for 11 years. That’s not a typo; more than a decade. Her actual nomination came from President Bill Clinton in 1997, but Republicans blocked it and the nomination languished for years. She never received a vote before President George W. Bush withdrew her nomination in 2001. That’s the longest time without a vote for any judicial candidate in Senate history. In legal circles and those watching judicial confirmations, Judge White’s nomination had become a symbol of how partisan politics can influence the judiciary. Angry Democrats and Republicans have been battling since 1997 about this nomination, accusing each other at times of trying to pack the courts to direct rulings to their liking.

Earlier this year, President Bush resubmitted Judge White’s name in exchange for his choices of two other Michigan nominees: attorney Raymond Kethledge to another 6th Circuit vacancy and U.S. attorney Stephen Murphy (who the current president had originally wanted for the 6th Circuit). The three were a package deal.

Of course, nothing that controversial is coming from Hoosier state as it relates to recent and current nominations. That’s the good news. Judge John D. Tinder easily made it to the 7th Circuit last year and Magistrate Judge William T. Lawrence is sailing through the confirmation process since being nominated by President Bush in February. As with Judge Tinder’s confirmation, both Indiana senators – Republican Dick Lugar and Democrat Evan Bayh – came together to smile, shake hands, and say good things about the judicial nominees from their state. The Senate may vote on Magistrate Lawrence’s nomination Thursday and if the recent past is any indication, it’s expected to be a historic, and completely uncontroversial, confirmation.

But in a time when judicial independence is trumpeted by so many at all levels, what does this 6th Circuit political bickering say about politics and the judiciary overall? Practically, delays mean vacancies. That means courts must juggle rising caseloads, and that’s just not good for anyone in the legal system. But how can we talk about judicial independence on one hand and then watch as politicians try to cherry-pick candidates? It seems this can be seen everywhere from the federal level to the state level.
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  • It seems that there always has been, and always will be, political tension in the nomination process, particularly with nominees who have political baggage. As exemplified by Judges Tinder, Hamilton and Lawrence,

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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