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POLITICS DELAY VOTE FOR NEW JUDGE
By Sara Clark
The senate’s latest decision to reject the nomination of an attorney to the D.C. circuit court has Washington in a political tug-of-war.
Miguel Estrada, a Hispanic attorney, was selected by President Bush in May of 2001 to be the next judge on the D.C. Circuit Court of Appeals. In order for his nomination to be cleared, the majority of the senate needs to be in agreement.
Had the vote taken place immediately, it is likely that Estrada would be on his way to Washington right now. The republican’s dictate the senate 51-49, and would have voted in favor of Estrada. However, the voting had been prolonged for 8 months, and in order to end the filibuster, the senate would need to sway the decision of nine of the democratic representatives.
Republican’s argue that Estrada is more than qualified for the position and that the democrats are playing the game of politics dishonorably. Meanwhile, the democrats argue that Estrada has little experience and was nominated as a push by the President to tally more right-wing judges.
Most specifically, the criticism from republican senators has targeted the two democratic New York State representatives, Hillary Clinton, and Charles Schumer. Despite their confrontational decisions, political experts say that the Estrada case will have no impact on the senator’s position of power.
“This is a clear attempt to whittle down the drawing power of strong Democrats and to belittle them in a public setting,” said a political consultant Hank Sheinkopf.
Alexander Treadwell, state GOP chairman, says he has every intention of making a re-election virtually impossible for both New York senators, especially Schumer, who is seeking re-election in 2004.
“Estrada is absolutely qualified for this judgeship, and it’s a disgraceful partisan tactic on behalf of the Democrats in the U.S. Senate,” he said. “We’re going to remind the voters of this in 2004 when Sen. Schumer comes up for re-election.”
Mrs. Clinton was upset that Estrada had refused to answer questions that would help her to make a decision. “Sen. Clinton is troubled that he lacks a record of experience and written work to argue in placing him in this position of such significance,” said a Clinton Spokeswoman from her New York City office.
However, the Democrats are not the only party to have ever thrown out a nominee from the President. In 1995, President Clinton nominated Albany attorney Clarence Sundram, whose life story resembles that of Estrada’s.
Sundram, an India native, came to the United States when he was 16 and graduated with honors from the State University of New York at Buffalo.
After he was elected by the former president, the still-then republican led senate took three years to finalize the filibuster, and overthrow the President’s nomination. Sundram had been nominated for federal prosecutor. Sundram was unavailable for comment.
Even though in the case of Clarence Sundram the republican’s had made the final decision, it was still argued that it was the democrats fault.
Michael Hutter, a Professor of Law at Albany Law, has been extremely opinionated on the topic.
“Contrary to what Representative Schumer states, and fails to understand, it is the Democratic Party that is at fault for the existence of vacancies since 1992,” Hutter said. “In that regard, (former) Senator D’Amato recommended that year an outstanding lawyer to the Northern District, and (former) President Bush nominated him, but the Democratic-controlled Senate would not consider him. Following that nomination, the Democratic Party supported the candidacy of a nominee who had never practiced in the courtroom and whose qualifications for the bench have been questioned by the American Bar Association.”
President Bush and other senate figures, insist that they will back up Estrada until he is sworn in as judge.
Bill Frist, Republican Senate Majority Leader from Tennessee, reacted to Friday’s verdict by establishing that the defeat is the first step to see Mr. Estrada on the bench in the D.C. Circuit Court. However, his clashing senator, Democrat Tom Daschle from South Dakota, says that he is certain there can be no more action that will break the filibuster.
The continuous battle between Republicans and Democrats has increased since the President’s first two terms, when the Democrats passively allowed for the enhancement of conservatives in power. Now the Democrats fear that the President is trying to fill positions with conservatives before his term is over.
Mr. Estrada came to New York in 1978 when he was just 17 years old and spoke very little English. Since then, he has graduated from Colombia University, Harvard Law School, and has clerked for a federal appellate judge and a Supreme Court justice.
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