Wednesday, May 11, 2005

Priscilla Owen

Senator John Cornyn of Texas makes the case at NRO for giving Priscilla Owen a straight up or down confirmation vote. The fact that a nominee of her caliber has been held hostage for four years to partisan power struggles by the Democrats really is unconscionable. Cornyn begins his piece with this:

I know Priscilla personally, because we served together on the Texas supreme court. Throughout her life, she has excelled in virtually everything she has ever done. She was a law-review editor, a top graduate from Baylor Law School at the remarkable age of 23, and the top scorer on the Texas bar exam. She entered the legal profession at a time when relatively few women did, and after a distinguished record in private practice, she reached the pinnacle of the Texas bar - a seat on the Texas supreme court. She was supported by a larger percentage of Texans than any of her colleagues during her last election, after enjoying the endorsement of every major Texas newspaper.

Unsurprisingly, then, the American Bar Association, after careful study, unanimously rated her well qualified to serve on the federal bench - their highest rating.

Unsurprisingly, she enjoys the enthusiastic support of a bipartisan majority of senators.

Yet a partisan minority of senators now insists that Owen may not be confirmed without the support of a supermajority of 60 senators - a demand that is, by their own admission, wholly unprecedented in Senate history. Why? Simple: The case for opposing her is so weak that changing the rules is the only way they can defeat her nomination.

What's more, they know it, too. Before her nomination became caught up in partisan special-interest politics, the top Democrat on the Judiciary Committee predicted that Owen would be swiftly confirmed. On the day of the announcement of the first group of nominees, including Owen, he said he was "encouraged" and that "I know them well enough that I would assume they'll go through all right." Indeed, just a few weeks ago, the Minority Leader announced that Senate Democrats would give Justice Owen an up-or-down vote - albeit only if Republicans agreed to deny the same courtesy to other nominees.

The senator goes on to discuss her critics' objections to her appointment - a flimsy and insubstantial lot. The only reason for objecting at all, of course, is that the Democrats have to offer some reason for opposing her other than the real reason, which is that she's Bush's nominee.

The sooner we see that metaphorical mushroom cloud in the senate chamber, the better.