Hatch renews judicial war

WASHINGTON — After a three-week truce, Senate Judiciary Chairman Orrin Hatch, R-Utah, ignited political warfare again Thursday over judicial nominees.

That came, in part, as Hatch tried unsuccessfully to force a committee vote on long-stalled nominee Henry W. Saad, nominated to the 6th Circuit Court of Appeals. Democrats charged Hatch violated long-standing committee practices to attempt that.

Second, Democrats charged Hatch is aiming to violate a deal made three weeks ago where Democrats agreed to allow votes in the full Senate on 25 non-controversial nominees in exchange for President Bush agreeing not to use "recess appointments" to put on the bench controversial nominees while Congress is in recess.

Hatch told the committee Thursday he will not settle for votes on just those 25 less-controversial nominees — but "will work to see that all of the other judicial nominees" already sent to the Senate, or that will be, "all receive the same up-or-down votes that the Constitution requires."

Sen. Patrick Leahy, D-Vt., complained that Hatch's actions mean "this committee will take an unfortunate turn into an unproductive ditch." He added, "This committee has decided to devote its efforts to partisan political issues, to divisive and troubling nominations."

Hatch said Democrats are the ones twisting rules to block judges, and he is trying to stop that.

Saad was nominated nearly three years ago to the appeals court. However, both his home-state senators — Democrats Carl Levin and Debbie Stabenow of Michigan — refused to return "blue slips" endorsing his nomination. Such slips are designed to help ensure that the White House consults with home-state senators on nominees.

Levin is upset that Republicans long blocked the nomination of Helene White, the wife of his cousin, to the same court when Bill Clinton was president. He wants President Bush to set up a commission to propose judicial nominees from Michigan. Republicans say that infringes on Bush's right to make nominations.

Leahy, citing many examples, said the committee has always refused to give a hearing or vote for any nominee if even one home-state senator refuses to sign a blue slip — and both of Saad's senators oppose him.

However, Hatch said the lack of a blue slip traditionally will kill only nominees for federal district court (whose jurisdiction is within one state's boundaries) — but not the higher appeals courts (whose jurisdiction covers several states).