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Democrats on panel pick apart Bush nominees
THURSDAY, JANUARY 30, 2003

Democrats in the Senate on Wednesday accused Republicans and the White House of trying to shove through three controversial appeals court nominees who waited nearly two years for a hearing.

The Senate Judiciary Committee, under the control of Orrin Hatch (R-Utah), scheduled the nominees back to back. Jeffrey Sutton and Deborah Cook, for the 6th Circuit Court of Appeals, and John G. Roberts Jr, for the D.C. Circuit Court of Appeals, were among President Bush's first picks to the federal bench.

"They have been waiting for 630 days," said Hatch of the group.

But Democrats objected to what they called a change in committee procedure. They said they weren't given fair notice of the hearing, which drew a packed -- and sometimes vocal -- crowd and was moved in order to accommodate the overflow, which included some disabled spectators.

"The process imposed by my friends on the other side of the aisle is cheating the American people of the scrutiny these nominees should be accorded," said Sen. Patrick Leahy (D-Vt.), the panel's ranking member.

Sutton, a former attorney for the state of Ohio now in private practice, was subject to intense questioning for more than five hours. Cook and Roberts sat in silence through most of the day as Democrats said Sutton, through his briefs, writing and speeches, actively worked to weaken laws protecting the disabled, the elderly and women.

"You challenge this," said Sen. Edward Kennedy (D-Mass.). "You go out of your way."

Sutton acknowledged that his successful arguments to the U.S. Supreme Court have limited the reach of federal laws, including the Americans with Disabilities Act (ADA). But he defended his work as an "advocate" and said he has a diverse background.

"The clients I have had and the cases i have worked on," he told the panel, "have covered the spectrum of issues. . . I have had an opportunity to be on opposite sides of almost every one of these issues."

Sutton cited his recent work for the National Congress of American Indians (NCAI) as one example. On behalf of the organization, he authored a Supreme Court brief in defense of the Navajo Nation's $600 million breach of trust claim against the federal government. The case was argued last month and Indian law experts said the outlook for a victory was bleak.

Republicans lobbed very few questions at the nominees and most were congratulatory. Cook's relatively low reversal rate was cited by Hatch and others as indicative of her sound judgment. Democrats, on the other hand, said her frequent dissents on her court were indicative of views outside of mainstream legal thought.

Roberts was hailed as one of the most brilliant legal minds in the country. Currently a partner in the Washington, D.C., firm of Hogan & Hartson, he has argued more than 30 Supreme Court cases. "His record needs no enhancement," testified Sen. John Warner (R-Va.).

Roberts, a former Reagan appointee to the Department of Justice, brought up two cases yesterday in response to concerns that he is too conservative. He represented the state of Hawaii, under a Democrat governor, in the Rice v. Cayetano case to defend trust programs for Native Hawaiians. He lost, prompting the state to lift restrictions that Native Hawaiians say will speed the loss of their land and rights.

The other example he cited was his work for the Democrat attorney general in Alaska. Siding with the state, the Supreme court in 1998's Venetie case ruled against the existence of Indian Country, and the sovereign attributes associated with it.

If confirmed, Roberts would hear appeals of a number of Indian law disputes. The Cobell trust fund litigation, as well as several tribal trust claims, are in the D.C. circuit, which hears cases involving the federal agencies.

With testimony running well in the evening, Democrats asked Hatch to continue the hearing for at least another day. Hatch, however, said he would not delay the nominees any longer.

"We're going to finish the hearing today," Hatch said.

Relevant Links:
The Senate Judiciary Committee - http://judiciary.senate.gov
Federal Judicial Nominees, DOJ - http://www.usdoj.gov/olp/nominations.htm