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The Effect of the Miguel Estrada Withdrawal on Remaining Nominees

Jonathan Groner of The Legal Times takes an in-depth look at the withdrawal of Bush judicial nominee Miguel Estrada and says it could mean big trouble for Bush's other controversial nominees. Many people erroneously think that large numbers of Bush judicial nominees are being blocked. Not true.

Overall, Bush has nominated 196 federal judges, 138 of whom have been confirmed. ...The Senate has confirmed 12 Hispanic judges nominated by President Bush.....Eleven African-American Bush appointees have been confirmed

The nominees being blocked are those that the Democrats believe, justly in our view, are right wing ideologues and activists who will insert their personal view of the law into their decisions--Priscilla Owens, William Pryor and Janice Rogers Brown are prime examples of nominees in this camp.

Some of Bush's judicial nominees have sailed through the process. One example, who we endorsed excitedly, is Judge Prado from Texas who is now on the 5th Circuit Court of Appeals.

This week we read that Denver-area attorney Phil Figa left for Washington for a confirmation hearing on his nomination to the Colorado District Court bench. Figa was recommended to Bush by both Democrats and Republicans. He sailed through his confirmation hearing. We are excited about Figa's appointment--he will make an excellent judge.

If Bush would refrain from trying to reshape the federal judiciary in his image, an effort that if successful, would define the judicary for the next several decades, and instead appoint judges whom both sides agree are fair and possess the requisite skills, there would be no need for filibusters--and the effect of Miguel Estrada's withdrawal on the other nominees would be inconsequential. That this may not be the case is Bush's own fault.

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