Even if it mattered, it would be difficult to pinpoint which political party first decided to obstruct political appointments -- especially those for the federal judiciary -- as a partisan sledge hammer.
Suffice to say both Republicans and Democrats have blocked presidential appointments in order to make a point.
If either party was ever serious about abandoning the polarizing partisanship that turns the minuscule as well as the gargantuan into a no-compromise schism, filling vacancies among U.S. district and appellate judges presents a perfect opportunity.
Currently, there are more than 100 such vacancies, many of them holdovers from the Clinton administration when Republican senators saw fit to block virtually every nomination in hopes of getting a Democratic president to bend to their will.
The arguments against the nominations, of course, were couched in far loftier language.
Republicans expressed dismay over the potential for liberal-leaning jurists to make equally liberal-leaning law instead of interpreting each case on its constitutional merits.
Indeed, a handful of nominees appear to have fallen into that category. But certainly not every name Bill Clinton sent to the Senate for advice and consent deserved that roadblock.
Here is a situation that crosses the lines of all three branches of government:
The executive branch makes nominations to fill open positions on federal benches in the judicial branch that must be approved by the legislative branch which has political axes to grind with both the executive and judicial branches while the executive branch is pushing the legislative branch to yield to national policies and aims.
Meanwhile, both civil and criminal cases due a hearing in federal courts go begging for a date on the docket.
There are good reasons to examine all judicial nominations closely:
Are the nominees legally fit, based on their judicial records? Do they demonstrate fairness and competency? Do they favor preservation of constitutional principles over all else?
There are even businesslike considerations when it comes to putting new judges on the bench:
Do caseloads exceed the ability of current judges to receive a fair and timely hearing?
Respected judges say the 100-plus vacancies need to be filled in order for the federal courts to operate effectively and smoothly.
Democrats spent eight years complaining about Republican holdups on nominations. Now the Democrats are erecting new barriers. Whichever party steps over the impediments and starts weighing the merits of judicial nominees will be doing the nation a tremendous favor.
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