Behind the hearing

February 12, 2010
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The major snowstorm that pummeled Washington, D.C., this week isn’t the only thing creating a chill in the air. Comments from Senate Majority Leader Harry Reid, D-Nev., toward the American Bar Association’s process for evaluating federal judicial nominees could be described as frosty.

At the U.S. Senate Judiciary Committee hearing on six nominees for the federal bench – including three from Indiana – Reid said the ABA shouldn’t penalize a nominee for not having prior experience on the bench. He said the comments with the nominee from his own state in mind, Gloria Navarro, but the comments also apply to Indiana nominee Jon DeGuilio, who has never served on the bench.

“I think the ABA should get a new life and look at whether people are qualified, not whether they have judicial experience,” Reid said.

The ABA’s Standing Committee on the Federal Judiciary rated Navarro as qualified, but a minority of the committee rated her as not qualified. Reid said that was out of concern because she had never been a judge. He went on to say the judiciary is “out of touch” and criticized the judges’ robes and “fancy chambers.”

The ABA committee rated DeGuilio as qualified; the substantial majority found Marion Superior Judge Tanya Walton to be well qualified with a minority finding her to be qualified. The ABA committee rated U.S. Magistrate Judge Jane Magnus-Stinson qualified as well.

The ABA started evaluating federal judicial nominees in 1948, and began evaluating them for presidents starting with President Dwight. D. Eisenhower in 1953. While it may evaluate the judges, the committee doesn’t recommend or endorse any particular candidate.

Indiana’s Democratic Senator Evan Bayh spoke later in the hearing, giving a statement that included encouraging senators to adopt the “Hoosier approach” of working across party lines to select consensus nominees. After his statement, Bayh took a moment to say the judicial confirmation process is “too often consumed by ideological differences and partisan acrimony, and that it's not how the Framers wanted us to exercise our authority.”

I would say Bayh’s comment should extend past the judiciary and on to nominees for other posts, say the Office of Legal Counsel for the Department of Justice.
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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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