Wednesday, July 20, 2005

What does Judge Roberts have to Do with Miguel Estrada? ALOT!!!

I have one very important implication that most folks haven't commented on as of yet:

If Judge Roberts becomes Justice Roberts, then Democrats would be unable to filibuster Miguel Estrada if he was patient and humble enough to accept a re-nomination from President Bush to the D.C. Circuit to replace Judge Roberts. Patient, because he was already filibustered and prevented from serving. Humble, because if he would have been promptly confirmed, it very well might have been him being nominated instead of Judge Roberts.

Why do I make this somewhat daring prediction? Simple.

1. Given Judge Roberts fairly non-controversial decisions while on the D.C. Circuit, the only dirt that liberals and Democrats can throw at him come from his time while working in the Department of Justice as a Special Assistant and as the Principal Deputy Assistant Solicitor General (i.e. the PDAS in any other Department, i.e. the highest politically appointed position without needing Senate confirmation). Libs/Dems have already started down this track. See (attributing positions he took while an advocate for the National Government to himself) & statements by Sens. Schumer & Leahy that he would have to answer questions re: his work while at the DOJ and turn over memos from his DOJ work.

2. The Administrations refusal to turn over the memos and work product of Miguel Estrada while working for the DOJ (in substantially the same positions), was the primary reason given by Senate Democrats for not allowing a vote on his nomination.

3. Democrats will/will not demand Robert's work product while at the DOJ.


A. If Democrats demand Robert's DOJ memos, and they are not turned over, and he is confirmed, Dems will be unable to use this rationale to block Estrada again (or anyone else for that matter).

B. If Democrats don't demand the DOJ memos, then they essentially have to concede the Roberts nomination.

Either way...a win for those who wish to depoliticize the nomination process.


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