Last week I wrote a post about the Right’s opposition to a handful of President Obama nominees to serve in the Justice Department and speculated that this was partially an effort to test their strength under the new administration, but also an effort to start laying the groundwork for their full-blown opposition to his judicial nominees.
The more I see them write about this issue, the more convinced I become that this is actually the case ... and that what they are really preparing for is a Supreme Court battle. For instance, here is Ken Blackwell writing today about these nominees and why they must be stopped:
Three people in particular are getting close scrutiny this week because their names are before the U.S. Senate. Mr. Obama has nominated David Ogden, Elena Kagan and Dawn Johnsen to be deputy attorney general, solicitor general, and the assistant attorney general in charge of the Office of Legal Counsel (OLC), respectively. These positions, in addition to being three of the highest-ranking posts at the Justice Department, are also common stepping stones to the U.S. Supreme Court.
The deputy attorney general is the number two at Justice. The solicitor general is the lawyer who argues for the government in the Supreme Court when the United States is a party to a suit. And OLC issues official legal positions for the federal government.
Each of them - Mr. Ogden, Ms. Kagan and Ms. Johnsen - are committed liberals whose views on a whole range of issues are on the far left. Each of them could argue anti-gun views in our federal courts, and if any of them end up on the bench, could enshrine those views in the law books.
Right-wing pundits and activists are piling on in their opposition to these nominees, primarily David Ogden, and frequently tying the issue to the future of the judiciary and the Supreme Court.
And now the Judicial Confirmation Network has taken out an ad in Roll Call, blasting Sen. Patrick Leahy for moving too quickly and demanding that he slow the confirmation process down. While the JCN's ad doesn't mention the judiciary specifically, considering that the organization's central focus in on the issue of judicial confirmations, it is not too difficult to piece together the obvious connection:
Senator Leahy is trying to ram through the Senate confirmation process the nominations of David Ogden for Deputy Attorney General, Elena Kagan for Solicitor General, and Thomas Perelli for Associate Attorney General. Leahy's abuse of the process makes a mockery of the Senate as the "world's greatest deliberative body." The American people have a right to know about the nominees who have been chosen for the most important legal positions in the executive branch. The Senate has been entrusted with this constitutional responsibility. So why is Senator Leahy forcing a rush to judgment on Department of Justice nominees especially when the vetting process for top jobs in the Obama administration has been so lacking? What is it the Senate needs to know about these nominees that Senator Leahy prefers to brush past? What do you have to say, Senator Leahy?
Below is a copy of a full page ad that we ran in today's copy of Roll Call, the Capitol Hill newspaper. We hope you will join us in asking Senator Leahy . . . why the rush to judgment on these crucial nominations?
What will you have to say, Senator Leahy?
Senator Leahy is trying to ram through the Senate confirmation process the nominations of David Ogden for Deputy Attorney General, Elena Kagan for Solicitor General, and Thomas Perelli for Associate Attorney General. Leahy's abuse of the process makes a mockery of the Senate as the "world's greatest deliberative body." The American people have a right to know about the nominees who have been chosen for the most important legal positions in the executive branch. The Senate has been entrusted with this constitutional responsibility. So why is Senator Leahy forcing a rush to judgment on Department of Justice nominees – especially when the vetting process for top jobs in the Obama administration has been so lacking? What is it the Senate needs to know about these nominees that Senator Leahy prefers to brush past?
What do you have to say, Senator Leahy?
Until recently, the JCN’s mission was limited to supporting “the confirmation of highly qualified individuals to the Supreme Court of the United States [and working] to ensure that the confirmation process for all judicial nominees is fair and that every nominee sent to the full Senate receives an up or down vote.”
But now that President Bush is no longer in office, that mission has apparently broadened and now includes weighing in on Executive Branch nominees as it seeks to position itself to lead the opposition once President Obama starts putting forth judicial nominees.
As we’ve noted before, perhaps the Judicial Confirmation Network should just go ahead and change its name, as the “confirmation” part no longer seems to apply.
