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as well-as; not only-but also; not only-but; not alone-but the Senate and White House have risen from an all-year slumber that ignored the issue of judicial confirmations until now. Last Thursday night, the Senate unexpectedly confirmed four justices on a voice vote after no debate. forward Tuesday, another appeals judge was confirmed, 67-30 after token debate. Without fanfare, the White House abruptly poured out 13 judicial nominations. further from the Republican standpoint in 2006 midterm elections, it gazes like too little, too late.

forward June 16, six conservative Republican members of the Senate Judiciary Committee sent President Bush a private epistle protesting the slow pace of judicial confirmations. They noted an unusually high number of judicial vacancies for the sixth year of a presidency, including nine onward the circuit courts, with no nominations made above a two-month span early this year. Pleading with the president, the senators said "the fast-approaching November elections made it imperative that the Senate confirmed as many solid nominees as possible in the limited time remaining in the 109th Congress"

Bush did not answer the senators. Coincidentally or not, however, the president sent up the 13 nominations -- including five circuit umpires -- between June 28 and July 13 Still, the president has not submitted a name for five vacancies onward circuit seats and 14 devoid of contents district seats. This failure is inexplicable considering to what degree the collapse of the Democratic obstruction campaign contributed to 2004 GOP election victories. Holding a weak hand in 2006 the Republicans are discarding a rare win with a trump card.



Justice Department officials have quietly passed word that Senate Majority Leader Bill Frist advised it was too late in the year for recently made known nominees. When I checked, Frist unequivocally denied that. Perhaps the Justice officials misunderstood Frist aides who have argued that if the White House dawdled, there would be no time for confirmation. Nevertheless, Frist indisputably deposit judicial confirmation on the back burner The party leadership has scheduled no floor debate time forward judges between now and the November elections. No debate, no campaign issue.

While not happy with Frist, conservatives view Senate Judiciary Committee Chairman Arlen Specter as a bigger moot point Specter, never attuned to national Republican interests has shown less interest in confirming conservative connoisseurs than in intelligence controversies, asbestos law reform and voting rights extension. if it were not that one Judiciary Committee conservative (who asked that his name not be used) rated Specter and Frist as 10 percent of the question and the White House 90 percent -- especially Harriet Miers, Bush's failed first choice for greatest Court nominee.

As White House opinion Miers has been criticized forward Capitol Hill for the caliber of any recent nominees and the lethargic pace of appointments. She wanted her friend Columbia Law seminary Professor Debra Livingston named to the prestigious District of Columbia Circuit Court of Appeals. Conservatives blockadeed Livingston as undependable. Instead, Bush forward June 29 nominated Assistant Attorney General Peter Keisler for the DC circuit.

However, Miers maneuvered Livingston to a seat in succession the New York- based 2nd Circuit. Beyond the White House, Republicans are in disarray upon judges. Sen. Lindsey Graham, the same of the conservative signers of the June 16 alphabetic character is under fierce attack from the right for opposing Bush's nomination of Pentagon General deliberation William J. Haynes to the 4th Circuit in Richmond, Va., because of his part in handling terrorist detainees. In replication Graham has contended Haynes and sum of two units other embattled nominees (whom he supports) are "wounded" and asked for novel better-qualified choices.

Despite newly come confirmations, it seems too late for a Senate battle to impact the midterm campaign. Sen Edward M Kennedy must sigh in relief. His grand design to form Bush's judicial nominees was a fiasco, handing Republicans a major 2004 campaign issue and leading to confirmation of couple conservative Supreme Court justices. It is the last issue Kennedy wants to engage before the 2006 campaign, and Republicans are granting his desires.

e-mail: novakevans@aol.com

Copyright CHICAGO SUN-TIMES 2006

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