Analysis: Democrats Have Short Memory on Judges

Ten months into Barack Obama's presidency, Democrats are accusing Republicans of creating "a dark mark on the Senate" by delaying confirmation of his federal court nominees.

President Barack Obama walks back to his seat after speaking during an event in the East Room of the White House celebrating classical music, Wednesday, Nov. 4, 2009, in Washington. (AP Photo/Susan Walsh)

(AP)

The mark might not be as dark as Democrats make it seem.

Of the 27 judicial nominations Obama has made so far, all five brought up for votes in the Senate have won relatively quick confirmations, including new Supreme Court Justice Sonia Sotomayor.

So what is this "dark mark" that Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., talks about?

It's primarily two federal judges — one from Indiana, the other Maryland — who've been waiting five months for Senate Majority Leader Harry Reid, D-Nev., to bring their nominations for appeals court promotions to the Senate floor.

Republicans contend they are activist judges, and Reid hasn't forced the issue — although he said Wednesday he might do so by Veterans Day for at least one of the nominees.

One other nominee has been waiting since Sept. 10. But seven others have been waiting from only one to five weeks. That's not a long time for the Senate, which prides itself as a deliberative body, and Republicans say they're ready to vote on most of them.

Democrats have a record of their own that is far from being a bright light. Just three years ago, they were blocking votes on some of former President George W. Bush's more conservative judicial nominees.

Several of Bush's nominees waited for years — two years for Chief Justice John Roberts when he was nominated for a previous appellate court post.

Priscilla Owen waited through four years of Democratic blocking tactics before she was confirmed for the New Orleans-based federal appeals court. Miguel Estrada withdrew his bid for an appellate seat after a Democratic filibuster lasting more than two years.

As an institution that lets the minority party use rules to block legislation and nominations, the Senate often acts as a filter for preventing the more politically strident bases of each party from tilting the judicial branch too much one way or the other.