-Caveat Lector-
Quit The Court Cry, Mr. President
TOM JIPPING
Date: 8/20/99
President Clinton was whining to his liberal elitist friends at
the American Bar Association convention in Atlanta on Aug. 9 that
the Senate has not confirmed enough judges for him.
The sky was falling when he spoke to the ABA about a ''mounting
vacancy crisis'' and a ''rising emergency'' that threatens the
administration of justice. As with so many other matters relating
to this man, the facts tell a different story.
My father always said that everything has a frame of reference.
The best way to put Clinton's judicial selection record in
perspective is to compare it to the record of President Reagan,
the previous two-term president. Their records are amazingly
similar.
Clinton has appointed 309 judges, compared to Reagan's 310 at the
same point in his presidency. In the presidents' first six years,
Clinton appointed judges at about the same annual rate as Reagan,
50 vs. 49.
Even looking only at the years each president faced an opposition
Senate, the record is the same. The Republican Senate has
confirmed an average of 43 Clinton nominees per year, and the
Democratic Senate confirmed an average of 43 Reagan nominees per
year.
Clinton is actually ahead of Reagan. While Reagan faced a
Democratic Senate in only two of his eight years in office,
Clinton has faced a Republican Senate in five of his first seven
years. Keeping up with Reagan's confirmation pace, then, is a
significant accomplishment.
He was helped by a Democratic Senate that set a confirmation
record of 101 judges in 1994, the year they knew they would lose
Senate control. In addition, not a single Clinton nominee has
been defeated, either in the Judiciary Committee or the full
Senate. Reagan cannot make the same claim.
If Clinton simply maintains in his final two years the average
confirmation pace of his first six, he will appoint more judges
than any president in American history.
While his early first-term appointees often replaced equally
activist Carter retirees, his late second-term appointees will
replace restrained Reagan judges, giving him more activist bang
for the confirmation buck.
Of the current 64 vacancies on the federal district and appeals
courts, 35 resulted from departing Reagan judges; just 14
resulted from departing Carter judges.
With no defeats and well on his way to appointing a record number
of judges, Clinton has absolutely nothing to complain about. His
sales pitch to the ABA was a smoke screen designed to mask his
political attempt to stack the federal bench.
Thomas L. Jipping is the director of the Free Congress
Foundation's Center for Law & Democracy.
(C) Copyright 1999 Investors Business Daily, Inc.
Metadata: E/IBD E/SN1 E/EDIT
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