Obama should cultivate judicial bipartisanship

President-elect Barack Obama vowed in his campaign to reduce the toxic partisanship that has poisoned the federal government. One critical way to make good on this promise and provide an antidote to long-standing toxicity is through bipartisan judicial appointments.

Accusations and countercharges, partisan division and incessant paybacks have punctuated the choice of judges for 20 years. They've gotten the US nowhere.

Democrats accused President George W. Bush of tapping ideologically conservative nominees who were not consensus picks and refusing to consult senators from the states where vacancies arose prior to submitting nominees. Bush actually nominated several candidates multiple times, even after GOP senators had clearly opposed the individuals.

Republicans contended that Democrats did not promptly assess Bush administration nominees or expeditiously schedule Judiciary Committee hearings and votes or Senate floor debates and votes. Indeed, the 110th Senate's Democratic majority granted no hearings to many appeals court nominees.

A plethora of reasons suggests why the nascent Obama administration should not cave into any pressure that might come from the Democratic majority or the Republican minority but, rather, cultivate bipartisanship in judicial selection.

First, Democratic and Republican cooperation will foster the confirmation of excellent judges. Second, protracted judicial openings undermine the judiciary's attempts to resolve cases promptly, inexpensively and fairly. Third, partisan bickering over appointments undercuts public respect for the president, the Senate, the nominees and the judges who are ultimately confirmed.

How to bridge the divide?

Obama should begin by soliciting guidance on candidates from Democratic and Republican senators, especially from the states where vacancies materialize, before nominating candidates formally.

He should keep in mind that senior Republican Judiciary Committee panel members, such as Arlen Specter of Pennsylvania and Orrin Hatch of Utah will assume much responsibility for GOP participation in the Senate approval process. Indeed, President Bill Clinton's consultation with Senator Hatch when he led the committee prompted the smooth confirmation of Supreme Court Justices Ruth Bader Ginsburg and Stephen Breyer.

Moreover, the White House ought to forward consensus nominees, who are extremely intelligent, ethical and diligent and who possess measured judicial temperament.