Contact: Mike Russell at 703-683-5004 (ex. 109)

Senate Compromise Removes Judicial Philosophy
Confirmation of Judges Owen, Brown Means Similar Nominees Would be Sent to Senate Floor for Up or Down Vote

May 24, 2005

Washington, D.C. - Judicial Confirmation Network counsel Wendy E. Long today made the following statement on the Senate's judicial filibuster compromise:

"The Judicial Confirmation Network believes that every one of the President's judicial nominees deserves an up or down vote.

"This recently announced deal is positive to the extent that it finally allows a vote on nominees who have been blocked for years by totally partisan minority of Senators.

"Further, by clearly calling for a vote on nominees Priscilla Owen, Janice Rogers Brown, and William Pryor - who were characterized by their opponents as the President's most conservative nominees -- it is now clear that the Democrats have removed judicial philosophy as a means of identifying an 'extraordinary circumstance' that would justify a filibuster. It also follows that nominees who were entitled to an up or down vote in the past would not somehow become 'extraordinary circumstances' if they are nominated for another judgeship.

"We applaud Majority Leader Frist for making it clear that if Senate Democrats act in bad faith by deploying the judicial filibuster against the President's nominees, he can and will invoke the 'constitutional option.'

"It is apparent from the rhetoric included in the 'Memorandum of Understanding' that at least 14 Senators - the signers of this compromise - fail to understand the Constitution's 'advice and consent' clause. Article II, Section 2 of the Constitution reads: '[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court .' The Senate's advice and consent role is part of the 'appointment' process, not the 'nomination' process, which the Constitution commits solely to the President."

The Judicial Confirmation Network is an organization of citizens joined to support the confirmation of highly qualified judges and justices. In addition, JCN works to ensure that the confirmation process for all judicial nominees is fair and that every nominee sent to the full Senate receives an up or down vote.

To schedule an interview with a representative from the Judicial Confirmation Network, please call Mike Russell 703-683-5004 (ex. 109)