News Release

October 30, 2002

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Cato Scholar Praises Bush Plan to End Delays in Confirmation Hearings
Democrats controlling Senate Judiciary Committee politicize confirmation process

WASHINGTON--This afternoon, President Bush announced his plan to end the crisis that has paralyzed his nominations to the federal bench. James L. Swanson, editor in chief of the Cato Supreme Court Review and a senior fellow in constitutional studies at the Cato Institute, commented:

"For a year and a half, since May 2001, Democrats on the Senate Judiciary Committee have thwarted President Bush's efforts to fill vacancies on an understaffed federal bench. Democrats controlling that committee have politicized the confirmation process by refusing to hold hearings for many nominees -- or once hearings have been held, by refusing to allow the full Senate to vote on many of the nominations. That scheme subverts the Constitution, undermines the rule of law, and impedes the administration of justice."

Commenting on the president's call for the Senate Judiciary Committee to hold a hearing within 90 days of receiving a nomination, Swanson added, "It was high time for the president to object to the Judiciary Committee's tactic of paralyzing nominations through delay. Stalling harms the nominees, the courts and the American people."

Regarding President Bush's proposal that the full Senate vote a nomination up or down no later than 180 days after the nomination is submitted, Swanson said: "The president is right to call for action by the full Senate, and in a timely manner. As James Madison suggested, the vote of 100 senators is preferable to the vote of a small and more radical cabal or committee."