Specter Merits Thanks

George C. Landrith

This past winter, I expressed doubts about Arlen Specter becoming the Chairman of the Senate Judiciary Committee. My concern was that he would be only partially or half-heartedly committed to making sure President Bush’s judicial nominees got a fair hearing in the Senate. Simply stated, I was concerned that the Democrats’ clear and obvious plan to obstruct the President’s judicial nominees would effectively capsize the Judiciary Committee unless the chairman was equally committed to insuring fairness. I am happy to report that four months into his chairmanship, Arlen Specter has been an effective and fair chairman and appears to have done his level best to be a counterweight to the Democrat’s blind obstructionism.

As one who raised concerns four months ago, it is only fair to acknowledge Chairman Specter’s initial efforts. When he became the chairman, he promised that he would treat the president’s nominees fairly and that he would not allow the Democrats to run roughshod over qualified judicial nominees. To date, Chairman Specter has been true to his word. I applaud him.

In a world in which the stereotype of politicians is that they say one thing and do another, it is refreshing to see that Senator Specter is keeping his word. I encourage Chairman Specter to continue his current efforts through the entire term of his chairmanship. It is critical that Senator Specter not grow weary of doing battle with the Democratic obstructionists. The Democrats will do whatever they can to prevent qualified judges who will justly and faithfully interpret the law, rather than imposing a liberal ideology from the bench.

For example, Justice Janice Rogers Brown of the California Supreme Court has been nominated by President Bush to serve on the federal bench. While personally conservative, her judicial record is one of upholding the law and faithfully interpreting it. She is a respected judge and earned a “Well Qualified” rating from the left-leaning American Bar Association. But for the last four years, Democrats have blocked her confirmation. (She is one of many nominees who have been unfairly blocked from receiving even a vote.) It is clear that if she were given a vote in the Senate, she would easily win confirmation with bipartisan support. However, a small minority of the Senate, led by Harry Reid has obstructed the Senate and refused to allow even a vote on a number of judicial nominees.

It is odd indeed that Democrats use the filibuster to block even a vote on Justice Brown, who happens to be a black woman. In the 1950s and 1960s, the filibuster was also used by some Democrats (including Sen. Robert Byrd (D-WV)) to block black men and women from being able to vote and enjoy other basic civil rights. Today, Democrats use the filibuster to block Justice Brown from getting a vote in the Senate. Who knows what their true motives are. But it is troubling that a handful of Democrats use procedural technicalities to prevent a well-qualified black woman from getting even an up or down vote in the Senate.

Minority Leader Harry Reid has made it clear that he and the Democrats are willing to stop the business of Congress if their small and politically extreme minority is not allowed to veto President Bush’s judicial nominations. The battle will only intensify when there are Supreme Court nominees. Thus, Senate leaders and especially Chairman Specter must be prepared to fight back and insure the president’s qualified judicial nominees get a fair hearing. Even a 90-percent effort will be insufficient. It will be a tough battle and the faint-hearted should stay home.

Thus, I thank Chairman Specter for having the courage to fight for fairness in the confirmation process. I encourage him to show the endurance and tenacity that will undoubtedly be required to insure that the confirmation process is not hijacked.

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Mr. Landrith is a graduate of the University of Virginia School of Law, where he was Business Editor of the Virginia Journal of Law and Politics. He had a successful law practice in business and litigation. In 1994 and 1996, Mr. Landrith was a candidate for the U.S. House of Representatives from Virginia's Fifth Congressional District. He served on the Albemarle County School Board. Mr. Landrith is an adjunct professor at the George Mason School of Law. He is recognized as an authority on constitutional law and jurisprudence, federalism, global warming, and property rights.

george@ff.org