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Feinstein votes to kill key Bush judge Parsky Watch #23
September 6, 2002
PARSKY COMMISSION’S FEINSTEIN PRESIDES OVER THE DEATH OF ANOTHER CONSERVATIVE JUDICIAL NOMINEE
Those of you who thought the Parsky Commission were old news, think again. Gerry Parsky’s trusted partner Dianne Feinstein has just partaken in the political assassination of another of President Bush’s judicial nominees by the Senate Judiciary Committee on a 10-9, party-line vote. This time the victim was Priscilla Owen of Texas, whom Bush wanted to place on the Fifth Circuit Court of Appeals. Owen’s crime: as a Texas judge, she had upheld a parental notification law – a stance supported by 80% plus of Americans. It is the first time the nomination of someone with a well-qualified rating from the American Bar Association and who had already had a hearing before the committee, was killed - thanks to Dianne Feinstein. While claiming to keep an “open mind” Feinstein clearly signaled her opposition before the hearing had even begun, noting her “concern” that Owen was thought by some to be a “judicial activist” (liberal code for a judge who strictly interprets the Constitution).
Parsky’s partner in crime called her vote to reject Owen "my most difficult vote" but said "the issue of choice...is extraordinarily important." Feinstein also reiterated that her vote was meant to send a message President Bush that the narrowness of the 2000 election meant he cannot nominate conservatives to the court.
"I really hope the administration is listening," Feinstein said. "I know the administration gets very upset with me when I say there is no mandate to skew the courts."
So, this is the same person with whom Parsky believes he can work with the fill federal district court vacancies? Does he genuinely believe we can do business with Feinstein and Barbara Boxer -- two committed liberal ideologues who’s judicial philosophies are diametrically opposed to President Bush’s, and who will obviously not flinch from killing the nomination of any potential federal jurist who might rule against their preferences? Parsky obviously does, as his self-named commissions continue on with their with their misbegotten work, stymieing any effort to nominate a conservative jurist. This is either ego or stupidity at work, or more likely both.
The following, recent editorial from the Orange County Register once again raises the question: what is Gerry Parsky thinking?
These commissions ill serve the president. They frustrate his stated desire to appoint conservative federal judges, and simultaneously cause heartburn to large numbers of loyal Republican elected officials and activists here in California. As this recent editorial from the Orange County Register states, it is high time to abolish the more accurately named Parsky/Feinstein/Boxer Commissions.
ORANGE COUNTY REGISTER
Editorials
Thursday, August 22, 2002
BREAK JUDICIAL COMMISSION IMPASSE
White House counsel Al Gonzalez, who will address the Whittier Law School
In Costa Mesa today, is likely to discuss the frustrations President Bush is facing as Senate Democrats block any federal judicial appointments that don't pass their ideological litmus test.
But Mr. Gonzalez - widely mentioned as a likely Supreme Court nominee should Mr. Bush get the chance to select one - has a chance to do more than complain about obstructionism by Senate liberals.
He has a chance to call for an end to the so-called Parsky Commissions – the Bush-backed judicial vetting process that gives Democratic Sens. Barbara Boxer and Dianne Feinstein rather than Republican members of the California congressional delegation the chance to select federal trial and appellate judges for California.
The commissions are the living embodiment of the expression, "No good deed goes unpunished." To come up with a bipartisan solution to the judicial impasse, the Bush administration supported a deal by Bush's top operative in the state, Los Angeles investor Gerald Parsky, a well-known "moderate." He created commissions to vet the nominees, with representatives on the commissions selected by Mr. Parsky and Sens. Boxer and Feinstein. Their selections would go to the White House for a final choice, then on to the Senate for confirmation.
Supporters of the commissions argued that it would expedite the selection process and would give Democrats reason to be less obstructionist come confirmation time. Yet Democrats - including Sens. Boxer and Feinstein - continue to bottle up Republican nominees, which means the Bush administration gave away the store and got little if anything in return.
As a result, conservative and libertarian nominees are dead on arrival, given the way the commissions are arranged; Sens. Boxer's and Feinstein's commission appointees have veto power over any nominee they don't like.
Furthermore, "the commissions engage in star chamber proceedings that are illegal," according to former state Republican Chairman Michael Schroeder, a local attorney. The commissions are acting as an arm of the federal government by selecting judicial appointments, but their proceedings are secret and the commission members are allowed to ask the sort of intrusive questions to the nominees that typically are not allowed in these processes.
The United States Justice Foundation, a conservative political organization based in Escondido, has filed a lawsuit challenging the commissions based on a federal open-government law. It argues that the commissions are a "secret process" designed to "make sure that no pro-life, no pro-Second Amendment, in fact, no conservative individuals ever be appointed to any federal courts."
Why wait for the courts to decide? President Bush and his counsel, Mr. Gonzalez, can call for an end to the committees and let nominees be debated in the light of day.
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