Have Conservatives Lost Judges’ Fight?

9 Jan
2007

It was inevitable: President Bush’s conservative judicial nominees, sensing gridlock on Capitol Hill with Democrats now in charge, have abandoned their quest to serve on the federal judiciary.

At this point, four nominees — Terrence Boyle, William Haynes, William G. Myers III and Michael Wallace — asked the White House to withdraw their nominations.

What does this mean? After six years of GOP control, it will be extremely difficult to confirm conservative judges. It’s not a fight I’m ready to concede, but confirmation won’t be easy for anyone who’s not a liberal.

That leaves me wondering if the White House will even bother nominating conservative judges — giving Democrats a silent veto, as Sen. Chuck Schumer suggested.

Curt Levey of the Committee for Justice doesn’t think that will happen.

President Bush is well aware that Senate Democrats may continue to put partisan politics on judges above the health of the federal judiciary. But they should have no allusions that the President will flinch from selecting exceptionally qualified nominees who believe judges should interpret the laws rather than legislating from the bench. This has been the President’s judicial philosophy since the 2000 campaign, and it won‚Äôt change in the face of a Democrat majority in the Senate.

I’m not so convinced. However, the departure of Harriet Miers (and the selection of Fred Fielding to replace her) is at least one hopeful sign the White House might go down fighting.

UPDATE — January 10, 12:06 p.m.: A list of the new White House appeals court nominations is available at ConfirmThem. Ed Whelan offers his commentary at Bench Memos.

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