Strike 1 – On Monday, Priscilla Owen took her seat on the U.S. Circuit Court of Appeals for the Fifth Circuit.
Strike 2 – On Wednesday, the Senate approved the nomination of Janice Rogers Brown to the D.C. Circuit.
Strike 3 – On Thursday, the Senate approved the nomination of William Pryor to the Eleventh Circuit.
If the Senate deal that averted the nuclear option was supposed to be a good thing for our federal judiciary, what it produced this week was a strikeout. In one week all three nominees who were promised floor votes as part of the nuclear option deal were confirmed. And as an added kick in the rear, two more of the Administration’s nominees were confirmed Thursday, bringing President Bush’s total number of confirmed nominees to 213 out of 218.
The next inning doesn’t look too promising either. Janice Rogers Brown may soon have a partner in ignoring settled law on the powerful U.S. Court of Appeals for the District of Columbia Circuit if Thomas Griffith is confirmed early next week. Of primary concern is 1) Mr. Griffith’s disregard for the requirements for the practice of law in two jurisdictions over a period of several years, and his misleading statements about these lapses, and 2) his record of hostility toward a key component of Title IX of the Education Amendments of 1972 and dismissive attitude toward legal precedents inconsistent with his views on Title IX. (See here for more about Griffith.)
The bottom line is that Thomas Griffith has a history of disrespect for the law. He didn’t think that paying his bar dues for almost three years was a big deal – so he didn’t, and he also didn’t mention it when asked under oath. He didn’t want to take the Utah bar examination – so he didn’t. He didn’t like key components of Title IX of the Education Amendment of 1972 despite much legal precedent, so he argued that the courts “got it wrong,” and commented, “I for one don’t believe in the infallibility of the judiciary.” Enough said.
Time will tell whether the nuclear option deal, by saving the filibuster at least in some circumstances, will work to protect our courts. This week has certainly shown how important the filibuster can be.
