Judicial Politics: Judicial Nominee Miguel Estrada

KWAME HOLMAN:

Miguel Estrada has waited 22 months for the Senate to vote on his nomination to the District of Columbia Court of Appeals, and unless Democrats have a change of heart, he'll keep waiting. Estrada was among the initial batch of judicial nominations Pres. Bush sent to the Senate in May of 2001, but the Democratic-controlled Judiciary Committee never acted on his nomination. Last month however, Pres. Bush sent Estrada's name back to Congress, and the Judiciary Committee, now under Republican control, approved the nomination, sending it off for a final vote on the Senate floor.

And that's where the nomination of Miguel Estrada has languished for more than a week. Republicans have enough votes to confirm Estrada, but Democrats so far have been able to prevent that final vote from occurring. It's called a filibuster, and it's testing the resolve of the Senate's two leaders.

SEN. TOM DASCHLE:

There is no doubt that we have the votes to sustain whatever procedural efforts are made to bring this debate to a close.

SEN. BILL FRIST:

If you use procedural moves or filibuster or informal filibuster or delay, unnecessary delay, I would think that there would be dramatic political fallout in the eyes of the American people– independents, Democrats and Republicans.

KWAME HOLMAN:

Republicans claim Miguel Estrada is an outstanding choice to sit on the D.C. Court of Appeals. He's 41 years old, was born in Honduras, and grew up in a middle class family. As a teenager, he moved with his mother to New York City. Estrada graduated from Columbia College, magna cum laude; was editor of the Harvard Law Review; served as assistant U.S. Attorney in New York; and was assistant to the solicitor general during the administrations of Pres. George Bush Senior and Bill Clinton.

SEN. ORRIN HATCH:

Does he have the qualifications? Well, the American Bar Association certainly thinks so unanimously– gave him the highest rating that they could possibly give.

KWAME HOLMAN:

There is no bigger proponent of Miguel Estrada in Congress than Utah Republican Orrin Hatch, who, at Estrada's one and only hearing last September, praised the nominee for what he had become, in light of where he came from.

SEN. ORRIN HATCH:

This is a matter of pride for him for the same reason that it is for any of us, not just because Mr. Estrada is a symbol for Hispanics in America, but because Miguel Estrada's story is the best example of the American dream of all immigrants.

KWAME HOLMAN:

But Democrats, New York's Charles Schumer among them, don't claim Estrada isn't qualified. They say they have too little information about the nominee to make a judgment; because Estrada never has sat as a judge, he doesn't have a paper trail of opinions to examine.

SEN. CHARLES SCHUMER:

Not his fault, but we know very little about who he is and what he thinks and how he arrives at his positions.

KWAME HOLMAN:

But Democrats also criticized Estrada for giving inadequate responses to their questions at the hearing. California's Dianne Feinstein asked Estrada if he believed "Roe V. Wade" was decided correctly.

MIGUEL ESTRADA:

My view of the judicial function, Senator Feinstein, does not allow me to answer that question. I have a personal view on the subject of abortion. I have had no particular reason to go back and look at whether it was right or wrong as a matter of law, as I would if I were a judge that was hearing the case for the first time.

SEN. DIANNE FEINSTEIN:

He didn't answer any single question that would have given us an opportunity that would help us understand what his thought processes were.

KWAME HOLMAN:

But Orrin Hatch has maintained the opposition to Estrada is purely political.

SEN. ORRIN HATCH:

Liberals in this town fear that there could be role models for Hispanics that might be conservative, that would not kowtow to the liberal line. That is despite the fact that the polls show that the great majority of Hispanics are conservatives.

KWAME HOLMAN:

Democrats argue their opposition is not about ideology, and point to their vote on Monday approving three other judicial nominees.

SEN. TOM DASCHLE:

We voted unanimously, recognizing that those nominations were very likely ones with which we had perhaps even broad philosophical differences.

KWAME HOLMAN:

And some Democrats said they might have been persuaded to allow a vote on Estrada as well, if the White House released internal memoranda showing the advice Estrada gave while in the solicitor general's office. North Dakota's Byron Dorgan:

SEN. BYRON DORGAN:

It is entirely possible I would see all of this information, understand a bit more about Mr. Estrada, and decide to support his nomination. I don't know.

KWAME HOLMAN:

But Republicans objected to the request, and yesterday the White House refused.

SEN. ORRIN HATCH:

It's a fishing expedition. Trying to find something because they don't have anything on this man.

KWAME HOLMAN:

Last night, Senate Republicans stayed on the floor past midnight to express their support for Miguel Estrada. Nevada's Harry Reid was the lone Democrat, standing by to repel several attempts by Majority Leader Bill Frist to schedule a vote.

SEN. BILL FRIST:

I would modify my request to ask that the vote occur no later than two weekends from this Friday.

SPOKESMAN:

At this point I object.

KWAME HOLMAN:

With Republicans well short of six votes needed to force a vote on Miguel Estrada the Senate could be working through the weekend and into its President's Day recess.