Editorial: Judicial Appointments
Your move, senators
The case of a judicial nominee in Delaware highlights both sides of the debate in Washington over the appointment of federal judges.
Republicans claim the Democrats are sitting on judicial nominees as the clock winds down on President Bush's term. Democrats blame the White House for being slow to nominate judges or picking judges who are too conservative to suit them.
There's some truth to both sides of the argument.
Indeed, Bush has nominated only about one third of the people needed to fill nearly 50 vacancies. Likewise, this Congress has confirmed the fewest number of nominees dating to at least the Carter administration.
The problem is due in part to Bush's having nominated controversial judges, such as Shalom Stone in New Jersey, considered by many to be an ultra-conservative. But the Democrats also do appear to be stalling on other qualified nominees.
Consider the nomination of Colm F. Connolly to the federal district court in Delaware. There are only four district judges in the First State, and one seat has been vacant since December 2006, so time is of the essence. Yet Connolly's nomination, which should be a slam dunk, has languished. He has been the U.S. attorney in Delaware since 2001. During his tenure, Connolly has doubled the number of cases brought by the office, compared with his predecessor.
Connolly is best known for his dogged prosecution and conviction of Tom Capano, a politically connected attorney convicted of killing his mistress, Anne Marie Fahey, in 1996. The high-profile case was turned into a movie and generated several books.
Connolly, a graduate of Notre Dame and Duke Law School, also made a cameo in the scandal surrounding former Attorney General Alberto Gonzales and the firing of eight U.S. attorneys. His name surfaced on a list of other potential fires deemed as not being "loyal Bushies." Making such a list should demonstrate Connolly's independence, given the politicalization of the Justice Department under Gonzales.
Despite impeccable credentials, Connolly's nomination process highlights the arguments raised by both Democrats and Republicans over judicial nominees.
U.S. Rep. Michael Castle (R., Del.) recommended Connolly and three others to the White House in March 2007. But President Bush didn't nominate Connolly until February - almost a year after getting his name.
Last month, the American Bar Association gave Connolly its top rating of "well qualified" for the federal bench.
The only holdup to his confirmation now seems to be Delaware's two senators, Joe Biden and Tom Carper. Neither senator has returned his so-called "blue slip" to the Judiciary Committee. The blue slip is the traditional way that home-state senators signal their approval of a nominee.
Both Democratic senators appear to be playing partisan politics. Biden, the ranking Democrat on the Judiciary Committee, could bring the nomination to a vote in a flash. Carper was governor during the Capano saga, and Ms. Fahey, the woman who was murdered, worked in his office. It's unclear as to why Carper is AWOL, unless he's just following Biden's lead.
The nation is ill served by partisan politics that prevents the seating of qualified judges. Biden and Carper should know that.


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