The Senate Judiciary Committee today approved the nomination of Brett Kavanaugh to the D.C. Circuit on a party-line vote. Serious questions have been raised about Kavanaugh’s fitness to join the second most powerful federal court in the country, but don’t expect that to stop Majority Leader Frist from moving the nomination forward to a full Senate vote very quickly. The level of opposition in committee suggests there will be strong opposition in the full Senate, but it remains to be seen whether it will rise to the level of a filibuster – which could trigger the “nuclear” response Majority Leader Frist has threatened, breaking the Senate rules to eliminate filibusters of all judicial nominations.
Meanwhile, at least two other nominees for Court of Appeals seats are in serious trouble. We’ve already noted the controversies surrounding the nomination of Terrence Boyle for the Fourth Circuit, and some have now called on the White House to withdraw that nomination. On top of that, the ABA has given Michael Wallace, nominated to the Fifth Circuit, a unanimous rating of “Not Qualified,” which certainly suggests the withdrawal of that nomination would be appropriate as well.
Right wing zealots are agitating for fights over judicial nominations to rally their troops in the coming elections. With nominees like these, they may be sorry if the public starts paying close attention to some of the people being considered for lifetime seats on our federal courts.
