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March 17, 2005
by Matt Barr

Confirmation percentage

You often hear that a higher percentage of President Bush's judicial nominees have been confirmed than nominees confirmed under President Clinton.

Gerry Daly has a useful rejoinder, in handy tabular form. Note that the data is for Circuit courts only. The number to zero in on: During the 107th Congress, covering one two-year period, 35 nominees were "returned" to the President, which Daly sensibly defines as "the Senate returned the nomination to the President upon a Senate adjournment or recess of more than 30 days (essentially, the Senate did not act on the nomination)." Thirty-eight Clinton nominees were returned under President Clinton's entire administration, including 18 during the 106th Congress, when Clinton was truly a lame duck (Reagan, Bush 41 and Clinton all saw spikes in the "returned" numbers during the final two years of their presidencies).

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Comments
greg morgan posted:

Following a lead from http://dalythoughts.com/index.php?p=2983#comment-58418
I saw this: What is "judicial activism"? In typical fashion, the left defines it as "anything I disagree with," and had to comment:

This characterization fits anyone from the left or right. In fact, how can a human judge be anything but activist, unless his/her rulings are always on subjects having absolutely no personal meaning to that judge. The stronger the emotional or intellectual tie to the subject matter, the more the temptation to "interpret" the legislated word. Good or bad? The answer lies with upon which side of the fence the judge and I stand.

May 26, 2005 1:58 PM


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