Why the DisAppointment, Mr. President? (3/15/02)
by Dean Hartwell
President George W. Bush
said he was “disappointed” that his nominee for an appellate court judge has
been defeated by the Democrat-controlled Senate Judiciary Committee. I find his
response surprising, given that he asked for it.
As soon as he nominated Charles Pickering for the position in the U.S. Fifth
Circuit Court of Appeals, several Democrats complained he injected his
conservative beliefs often in his rulings as a federal trial judge, that his
decisions were frequently overturned and that he used poor judgment, such as when
he refused to follow the guidelines for a sentence in a cross-burning case. Had
Bush done a little research ahead of time, he would have not seen fit to
nominate Pickering.
Furthermore, Bush should have recalled the history of President Clinton’s choices
for federal judge positions. Several times, Republicans refused to even hold
hearings for them. Obviously, the Democrats have looking for an opportunity to
get revenge.
Interestingly, the Democrats have confirmed 35 of Bush’s choices for the trial
(or district) level and 7 for the appeals (or circuit) level. Until Pickering,
they had not rejected any of the President's appointments as judges.
Pickering's past record gave the Democrats on the Judiciary Committee a chance
to retaliate for what happened to Clinton.
But most important of all, the President forgot that he is not the President of
the Republican Party, but of all of us. And, given his controversial election,
many voters do not believe him to be the legitimate president. Whether he likes
it or not, this reality limits some of his options.
He might have gotten Pickering confirmed had he won a landslide. Instead, he
ignored the fact that our nation is divided on many issues, including whom to
pick to be a judge. By doing so, he also ignored a large portion of the public
and Senate.
Letting go of choices like Pickering may disappoint the President, but it would
earn him something he needs even more: respect and the possible support of
those who did not vote for him.