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THE CONSERVATIVE REVIEW - May 4, 2010
A Case of Selective Outrage
by Paul Greenberg
Arkansas' junior senator, Mark Pryor, never seems so
junior, or so transparent, as when he when he goes after
his GOP colleagues for -- gasp! -- playing politics with
judicial nominations.
This time Republican senators are holding up the confirm-
ation of a perfectly good, indeed outstanding, Arkansas
judge for the federal bench: Denzil Price Marshall. Among
some 80 other nominations to the federal bench. But two
months after the judge's nomination sailed through the
Senate Judiciary Committee unanimously, it still
languishes. How come?
Low partisan politics, says Sen. Pryor. With indignation.
As if it were something novel and shocking to his innocent
sensibilities. "There's just no place for this in the
Senate," he huffs. "There's no place just to play partisan
political games with these judicial appointments,
especially if you have someone who is very well qualified
and very uncontroversial, which we have in Price Marshall."
The junior senator is shocked, shocked!
It's as if Mark Pryor had forgotten the name Miguel
Estrada. Some of us never will: That rising young star
was more than very well qualified for an appointment to
the federal bench; he was being talked about as a future
Supreme Court judge, and he had the makings of a great
one.
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The Honduran-born Estrada, who arrived in this country as
a 17-year-old with only a limited command of English, not
only had intellect but hard-won experience to recommend
him. Having graduated magna cum laude, from Harvard Law
School, he'd served with John Roberts -- yes, that John
Roberts, who is now chief justice of the United States
Supreme Court -- in the solicitor general's office. He'd
handled appellate cases there with the same remarkable
skill and personal integrity he'd shown with the district
attorney's office in New York.
It was only to be expected that Counselor Estrada would
be proposed for the federal appellate bench -- and the
influential court of appeals for the District of Columbia
circuit at that. As he was in 2001. Hey, it's America.
And the American dream. It was about to be fulfilled.
Ah, but Sr./Mr. Estrada has another, even historic,
distinction that needs recalling every time Mark Pryor
starts posing as a statesman. Miguel Estrada's was the
first nomination to a U.S. court of appeals to be success-
fully filibustered in the U.S. Senate.
For there is such a thing as being too promising, or maybe
just too Republican or too ethnic, to win confirmation.
For there is also such a thing as prejudice against
quality, too, particularly in politics. Once it comes into
play, grounds can always be found to deny even a superbly
qualified nominee a straight up-and-down vote. That is,
any excuse will do when the motive is just plain, base
partisan politics. Suddenly the nominee becomes
"controversial," and his nomination is stalled month after
month, till the months became years.
Just as Price Marshall's nomination is now being stalled by
Republican partisans. Only temporarily, one hopes. Miguel
Estrada's was held up indefinitely. Until, finally worn
out by the waiting, he withdrew his name from consideration
and went on to what is now surely a rich, full, real life
instead of only a political one.
And, yes, you guessed it, prominent among those senatorial
hacks who denied the American people the services of so
bright and promising a nominee was... none other than Mark
Pryor, who now struts and frets upon the public stage about
Low Partisan Politics. Now he says it's wrong to play
"partisan political games with these judicial appoint-
ments." At least if it's a Democratic president's appoint-
ments to the bench that are being held up.
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How do you spell hypocrisy? I'd suggest M-a-r-k P-r-y-o-r.
For he exemplifies it whenever he prates about the evils
of playing politics with a judicial nomination, a low
sport at which he himself has excelled.
Senator Pryor admits his own role in delaying and even
derailing Republican nominees to the federal bench, but
tries to justify his new-found indignation at partisan
politics because "[T]he problem, unfortunately, now is a
lot worse."
Really? Can our junior senator be so junior he missed the
clamor over the nomination of one Robert H. Bork to the
Supreme Court, and how it was savaged by Ted Kennedy and
Partisan Co. in the Senate? That whole sorry spectacle gave
rise to a new verb in the American language -- to bork.
Which means to smear a nominee for high office with a
viciousness unusual even in politics.
("Robert Bork's America is a land in which women would be
forced into back-alley abortions, blacks would sit at
segregated lunch counters, rogue police could break down
citizens' doors in midnight raids...."
--Sen. Kennedy, July 1, 1987.)
Is the junior senator from Arkansas really so innocent of
modern American history that he's forgotten all that? Or
only pretending it never happened in order to justify
his double standard? Now he claims to be against playing
partisan political games. Really? Tell it to Miguel
Estrada.
Whenever the junior senator from Arkansas expounds on his
oh-so-high nonpartisan principles, all it should take is
two words to see through his act: Miguel Estrada.
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