June 13, 2005
Senate Democrat obstructionists are now pulling the old "undisclosed opinion" tactic. Simply, put they delay and delay and delay be constantly demanding that nominees produce confidential legal "work product" that they have written to try find an "Ah HA!" item they can use to try and paint them as some kind of extremist. If the nominee refuses, they go off into limbo - effectively killing the nomination.
Of course not, they left that little loophole out there. Well, the battle is once again drawn. The minute they try to pull this crap that "deal" goes out the window and the "constitutional option" is BACK on the table. This is going to be a long summer.The strategy also mirrors Democrats' initial filibuster against a Bush nominee, that of Washington lawyer Miguel Estrada, who was nominated to the U.S. Circuit Court of Appeals for the District of Columbia. He withdrew his name after more than two years awaiting confirmation.
Democrats began that filibuster with a demand for legal work product from his years in the Clinton administration.
When a deal was reached last month on judicial filibusters, nominees such as Judge Boyle were not mentioned.
Posted by: Gary at
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