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Feinstein whacks more Bush’s nominees
Parsky Watch #26


October 9, 2002

DAMNING PRAISE FOR PARSKY COMMISSIONS FROM DIANNE FEINSTEIN

Dianne Feinstein and her Democratic colleagues on the Senate Judiciary Committee have apparently succeeded in killing -- smothering, is perhaps a better word – yet another Bush federal appeals court nominee. This time the victim is Miguel Estrada, who would have become the first Hispanic member of the D.C. Circuit Court of Appeals.

Estrada is universally recognized as brilliant legal mind, and he is rated “unanimously well-qualified” by the American Bar Association -- which is for liberals what canonization by the Pope is for Catholics. Feinstein and her cohorts have nothing on Estrada – no paper trail, no controversial decisions or statements, nada. They have strangled his nomination simply because he is bright, conservative and Hispanic – and they don’t want him nominated to the Supreme Court down the line.

You might ask, “Why are you talking about Miguel Estrada?” Because, we’d respond, his fate has direct bearing on the infamous Parsky Commissions we have previously discussed.

“Moderate Democrat” Feinstein has been an active participant whacking President Bush judicial nominees: Charles Pickering, Priscilla Owen and now Estrada. If she detects even the slightest scintilla of a hint that they do not consider legal abortion the paramount human right, she puts a Bush nominee up against the wall and barks “Fire!”

Try as we might, we cannot fathom why Gerry Parsky believes it prudent to give such a wretched partisan a veto over President Bush’s district court selections.

Weak-kneed apologists for the Parsky Commissions limply contend we have no choice: if we don’t work with Feinstein and Boxer, they’ll kill Bush nominees.

Hmmm. It seems to us they are already doing just that (just ask Rep. Chris Cox why is not a federal judge). Then, what is the benefit of collaborating with the enemy?

Dwight Eisenhower’s administration provides a useful counterpoint. Except for his first two years in office, the Senate was controlled by Democrats by 1 or 2 vote margins (except for his final two years, when the Dems held a 30 seat margin) – akin to George W. Bush’s situation. However, Ike never resorted to jury-rigged selection commissions of dubious constitutionality. Instead, consulted with Republican governors, congressman and other elected or prominent Republicans to obtain the names of qualified judicial nominees. This what Bush should do, because he is not as weak as Parsky seems to think.

At this point, we thought you might be interested in reading the giddy press release Feinstein sent out after striking her bargain with naďve Parsky. Either read it below, or click the link to visit Feinstein web site.

http://feinstein.senate.gov/releases01/judicial_nomination_panel.html

You can almost hear Feinstein’s staff snickering, “Another foolish, trusting Republican!” as they type out the press release.

Senators Boxer and Feinstein Announce
Bipartisan Judicial Nomination Panel
May 22, 2001

Washington, DC - U.S. Senators Dianne Feinstein and Barbara Boxer today announced an agreement with the White House establishing a Judicial Advisory Committee responsible for recommending nominations to fill vacancies in the four Federal district courts in California.

The Judicial Advisory Committee will be comprised of four six-member subcommittees – one for each judicial district in the state. Each subcommittee will have one member selected by Senator Boxer, one selected by Senator Feinstein and one jointly by both Senators along with three members named by Gerald Parsky, President Bush’s State Chair for judicial appointments.

“It is my hope that this Committee can bring forward the best and most qualified candidates for the federal bench and provide a bipartisan balance that can lead to speedy approval by the Senate. I thank Senator Boxer, President Bush and Mr. Parsky for the cooperative spirit they have shown in this effort,” Senator Feinstein said.

"Making lifetime appointments to federal courts is one of the most important responsibilities of a President and a Senator. I am pleased that we have agreed on a process to select district court judges. It is my hope and expectation that our process will result in highly qualified, moderate judicial candidates who will serve California well," Senator Boxer said.

Each Subcommittee will be responsible for naming three to five possible nominations for a vacancy in that Subcommittee’s jurisdiction. To move a candidate forward a majority vote is required. Once the selections have been made, Parsky will review them and forward them to the White House for final selection.

“I am honored to have been asked to chair this vitally important process, which I believe will produce truly qualified people to serve as federal judges. I look forward to continuing the fine spirit of cooperation that has characterized my discussions with Senator Feinstein and Senator Boxer,” Parsky said.

Once a nomination is made by the White House, that selection will need to face review and a vote by the Senate’s Judiciary Committee, on which Senator Feinstein is a member, and then by the full Senate.

Attached is a list of the members of the new Subcommittees

NORTHERN:

Joseph Russoniello (Chair - Parsky appointee) – Partner with Cooley Godward, a San Francisco law firm; former U.S. Attorney, Northern District of California.
Michael Ohleyer (Boxer appointee) -- Partner with Titchell, Maltzman, Mark and Ohleyer. Native of San Francisco where he has practiced law for over 35 years. Past member San Francisco Assessment Appeals Board, civic leader, past Chair of Senator Boxer’s Judicial Selection Committee.
Angela Bradstreet (Feinstein appointee) – Partner with San Francisco-based law firm of Carroll, Burdick and McDonough. Past President of California Woman Lawyers Association and President-elect of the San Francisco Bar Association.
Louise Renne (Joint Feinstein-Boxer appointee) – San Francisco City Attorney, retiring at the end of this year after almost 16 years. Former Member Board of Supervisors. Former California Deputy Attorney General and private practioner.
Vigo (“Chip”) Nielsen (Parsky appointee) – Partner with Nielsen, Merksamer, Parrinello, Mueller & Naylor, a San Francisco law firm.
Eugene Lynch (Parsky appointee) – Retired Justice of the U.S. District Court for Northern District of California.

CENTRAL:

Elwood Lui (Chair - Parsky appointee) – Partner with Jones, Day, Reavis &Pogue, a Los Angles law firm; former Associate Justice, California Court of Appeals.
· Holly Fujie (Feinstein appointee) – Partner at Buchalter, Nemer, Fields and Younger in Los Angeles. Litigator, served on Rampart Independent Investigation Panel. Active in various Bar Association activities.
Joseph Cotchett (Boxer appointee) – Partner in Cotchett, Pitre and Simon with statewide litigation practice for 35 years. Former member Board of Governors of State Bar, Commission on Judicial Performance, author of several trial books.
Wylie Aitken (Joint Feinstein-Boxer appointee) – Orange County litigator, law Offices of Wylie Aitken. Past President, California Trial Lawyers Association, author and lecturer.
Robert Bonner (Parsky appointee) – Partner with Gibson, Dunn & Crutcher, a Los Angeles law firm; former U.S. Attorney, Central District of California.
Thomas Malcolm (Parsky appointee) – Partner with Jones, Day, Reavis & Pogue, an Orange County law firm.

SOUTHERN:

Meryl Young (Chair -- Parsky appointee) – Partner with Gibson, Dunn & Crutcher, an Orange County law firm.
Robert Fellmeth (Boxer appointee) – Founder and Director of Children's Advocacy Institute and Center for Public Interest Law. Faculty, University of San Diego School of Law and Price Professor of Public Interest Law. Past Monitor of California State Bar Discipline system for State Attorney General, formerly a Deputy District Attorney and Assistant U.S. Attorney.
David Casey (Feinstein appointee) – Partner in firm of Herman, Middleton, Casey and Kitchens and senior partner in California firm of Casey, Gerry, Reed and Schenk. Officer in the Association of Trial Lawyers of America. Past President of the Consumer Attorneys of California.
Beatrice Kemp (Joint Boxer-Feinstein appointee) – Attorney in legal practice in San Diego for 25 years. Private practice and former Deputy California Atty General. Former director California Association of Black Attorneys.
Lawrence Irving (Parsky appointee) – Of Counsel to Butz Dunn DeSantis & Bringham, a San Diego law firm; former U.S. District Court Judge, Southern District of California.
John Davies (Parsky appointee) – Of Counsel to Allen, Matkins, Leck, Gamble & Mallory, a San Diego law firm. EASTERN:

Charles Bell (Chair – Parsky appointee) – Partner with Bell, McAndrews, Hiltachk & Davidian, a Sacramento law firm.
Nancy Miller (Feinstein appointee) – Partner, Hyde, Miller, Owens and Trustin, a Sacramento based law firm. Active in Sacramento Bar Association, lecturer.
Marilyn Araki Eisenberg (Boxer appointee) – Past member of State Unemployment Insurance Appeals Board, past Executive Director California Industrial Development Financing Advisory Commission. Past Chair of Senator Boxer’s Judicial Selection Committee. Sacramento native and civic leader. Japanese American interned in Relocation Camp during World War II.
Donald Fischbach (Joint Feinstein-Boxer appointee) – Litigator with Baker, Manock and Jensen, a Fresno-based law firm. Past President, State Bar of California and Fresno Bar Assoc. Judge Pro-Tem, Superior Court, County of Fresno.
Lowell Carruth (Parsky appointee) – Partner with McCormick, Barston, Sheppard, Wayte & Carruth, a Fresno law firm.
Robert Puglia (Parsky appointee) – Attorney with McDonough, Holland, Schwartz & Allen, a Sacramento law firm; a retired Justice of the Court of Appeal, Third Appellate District.