Patterico's Pontifications

11/25/2007

Maryland Senators Threaten to Block Bush Nominee to 4th Circuit Court of Appeals

Filed under: Judiciary,Law — DRJ @ 12:10 am



[Guest post by DRJ]

Democratic Senators have finally hit on the perfect reason to block a Republican federal appeals court nominee:

He’s too good.

“FROM 1997 to 2001, Rod J. Rosenstein worked as an assistant U.S. attorney in Greenbelt. For the past two years, he has been the top federal prosecutor in Maryland and has earned plaudits for his crackdown on gang violence and public corruption. He has worked in public service jobs in the Washington area, primarily in the Justice Department, for roughly 18 years and has lived in Bethesda for the past 10.

Yet Maryland Democratic Sens. Barbara A. Mikulski and Benjamin L. Cardin are portraying Mr. Rosenstein as a carpetbagger. The senators criticized President Bush’s nomination Nov. 15 of Mr. Rosenstein to the U.S. Court of Appeals for the 4th Circuit because they claim Mr. Rosenstein lacks “a lengthy history of state legal experience in Maryland and strong Maryland roots.” The senators also argue that Mr. Rosenstein is doing such a good job as U.S. attorney that he should be kept in that post rather than moved to the court.”

The Washington Post editors say Rosenstein is a “worthy nominee” and the Senators’ arguments against his nomination are not persuasive:

“Neither of these arguments is persuasive. Federal appeals court judges rule almost exclusively on the basis of federal law — not state and local law — so experience in the local bar or local courts would have little, if any, impact on their ability to perform the job. And punishing Mr. Rosenstein by denying him a judgeship because of an outstanding performance as U.S. attorney is perverse. In fact, the office has stabilized under Mr. Rosenstein and counts among its ranks senior lawyers who would be capable of taking charge.

Ms. Mikulski and Mr. Cardin may be hoping to stall Mr. Rosenstein’s nomination until a Democratic president can fill the Maryland seat. Such a move would not be unprecedented, but if it is happening, it is wrong. And it is most disturbing when it affects a nominee of Mr. Rosenstein’s caliber.
***
But blocking Mr. Rosenstein’s confirmation hearing — as the Maryland senators may yet do — would elevate ideology and ego above substance and merit, and it would unfairly penalize a man who people on both sides of this question agree is well qualified for a judgeship.”

You know times are tough when even the editors of the Washington Post think Democrats are being unfair to a Republican nominee.

H/T Howard Bashman.

— DRJ

11 Responses to “Maryland Senators Threaten to Block Bush Nominee to 4th Circuit Court of Appeals”

  1. You know times are tough when even the editors of the Washington Post think Democrats are being unfair to a Republican nominee.

    Is the WaPo’s track record on Republican nominees well known?

    John Roberts and Miguel Estrada, to name two, won their backing.

    steve (899d8a)

  2. i’d say the wash post got this right, basically a stall waiting on bush admin to end. harry reid, the illustrious mouse from nevada is keeping the senate in session over the holidays to prevent any recess appointments by the WH. the good news is, i predict rudy will be sworn in as prez on jan 20, 2009 and ruin all this maneuvering by dems in congress.

    james conrad (7cd809)

  3. The thing that jumps out at you when watching these nut-balls is they think that once the US elects a Democrat President it will be all better. Actually, that is when payback begins. They just aren’t bright enough to figure that part out.

    bill-tb (26027c)

  4. Some unrelated LA Times typo humor: Check out the online LA Times article “Residents of Florence-Firestone flex their civic muscles”. The article is about Latinos taking charge and cleaning up their dumpy crime and gang invested neighborhood.

    On page 2 there’s a picture of someone relaxing on the shore of — beautiful Florence LAKE, an entirely different location. Link

    Wesson (fd354d)

  5. The WaPo’s endorsement of Judge Leslie Southwick for the Fifth Circuit was approvingly (and grudgingly) noted here a couple months ago.

    If its editors seem to have it in for GOP judicial nominees, it’s not flagrantly evident.

    steve (899d8a)

  6. What a winning strategy for Democrats – “Only incompetents need apply.”

    Maybe that is why Hillary is leading Democrat polls.

    Perfect Sense (b6ec8c)

  7. Wesson,

    I see a photo gallery about “civic involvment” [sic] but don’t see the photo you’re talking about.

    Patterico (2586cd)

  8. It seems the Democrats have discovered The Peter Principle. It’s a shame they didn’t apply it to Ted Kennedy before it was too late.

    Steverino (c33cc5)

  9. Time to take a whip to those jackasses every one of them should get voted out of office and let them sleep in a cardboard box the same way that draftdodger did while he was in the whitehouse

    krazy kagu (bab2f6)

  10. I think that I see a pattern here. Whip the Republican Jews to keep others on the liberal Democratic plantation, just las was done with Republican blacks.

    chsw

    chsw (5fe855)

  11. Denying them promotions because they are too good at their current job. That is just rich, on so many levels.

    JD (33beff)


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