Terrence Boyle

The CFJ Spoke Too Soon

The Committee for Justice was practically giddy at the announcement that the White House intended to tap Fred Fielding to replace failed Supreme Court hopeful Harriet Miers as White House Counsel.  

The administration’s decision to bring in Fielding, the CFJ claimed, signals to Senate Democrats that “there’s no point in obstructing constitutionalist nominees in hopes of getting ones that are less objectionable to the Left,” which is exactly what the Right wants to hear because they love nothing more than fighting over the issue.

Unfortunately for CFJ, just hours after they issued their press release came news that three of the Bush administration’s most recent and controversial nominees are asking that their nominations be withdrawn:

In a concession to the Senate's new Democratic majority, four of President Bush's appeals court appointees have asked to have their nominations withdrawn, Republican officials said Tuesday.

These officials said that William Haynes, William Myers and Terrence Boyle had all decided to abandon their quest for confirmation. Another nominee, Michael Wallace, let it be known last month that he, too, had asked Bush to withdraw his nomination.

According to press reports, despite these withdrawals President Bush “also intends to appoint 33 other judicial nominees" - and that is just what he has done. Of course, he can “intend to appoint” anyone he wants … but they aren’t going to get appointed until the Senate confirms them. 

Given the president’s record of needlessly provoking battles over this issue, perhaps the CFJ can take some solace in the hope that that he will continue his tradition of provoking confrontation, thus giving them the fight they so clearly desire.   

Manuel Miranda: A One-Man Army

Ever since losing his job with Sen. Frist a few years ago, Manuel Miranda has refashioned himself as a one-man, right-wing force to be reckoned with on judicial nominations.  Even before stepping down, Miranda was working behind the scenes, orchestrating the GOP’s 2003 “reverse filibuster” protest.  

After a short-lived disgrace caused by his run-in with basic ethics, Miranda returned to the scene with the launching of the National Coalition to End Judicial Filibusters, since renamed the Third Branch Conference.  Since then, Miranda has been behind just about every right-wing grassroots effort to force confirmation of President Bush’s judicial nominees. 

As the original name of his organization suggests, Miranda, along with dozens of other right-wing leaders, pushed Senate Republicans hard to eliminate the use of the filibuster via the “nuclear option.”  Though the effort failed because of the emergence of the “Gang of 14,” Miranda pressed on, writing dozens of columns calling for the confirmation of John Roberts and, according to The Hill, almost single-handedly killing Harriet Miers’ nomination.

Blame Jesse Helms

Sen. Elizabeth Dole takes to the pages of the Charlotte Observer to complain about the opposition to the nomination of Terrence Boyle, whom she calls “a fine North Carolinian, distinguished jurist and dedicated public servant.”

That may or may not be the case, but Dole might want to do a little research before complaining that

Our federal courts currently have 47 open seats, 21 of which have been declared ‘judicial emergencies’ -- including the seat to which Judge Boyle has been nominated. Vacant since July 1994, this seat is the longest federal judicial vacancy in the country, by nearly six years!

Boyle was nominated to fill the seat vacated by J. Dickson Phillips.  But it just so happens that, prior to Boyle, President Clinton made two different nominations to that seat – James Beaty in 1995 and James Wynn in 1999.

At the times of their nominations there were, respectively, 53 and 69 federal court vacancies, but that didn’t seem to much matter to then-Senator Jesse Helms

Starting in 1995, President Clinton submitted several African-American nominees to that court from North Carolina, including James Beaty and James Wynn. Reportedly as a result of Helms' failure to return either of his blue slips, however, neither of these nominees even received a hearing from the Judiciary Committee. Not until President Clinton's 2000 recess appointment of Roger Gregory, whose nomination also failed to receive a hearing, has an African-American ever served on the Fourth Circuit.

So that seat has indeed been vacant for quite some time - and for that, Sen. Dole can thank the man whose position in the Senate she now holds.

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Terrence Boyle Posts Archive

Kyle Mantyla, Wednesday 01/10/2007, 10:16am
The Committee for Justice was practically giddy at the announcement that the White House intended to tap Fred Fielding to replace failed Supreme Court hopeful Harriet Miers as White House Counsel.   The administration’s decision to bring in Fielding, the CFJ claimed, signals to Senate Democrats that “there’s no point in obstructing constitutionalist nominees in hopes of getting ones that are less objectionable to the Left,” which is exactly what the Right wants to hear because they love nothing more than fighting over the issue. Unfortunately for CFJ, just... MORE >
Kyle Mantyla, Tuesday 07/25/2006, 3:41pm
Ever since losing his job with Sen. Frist a few years ago, Manuel Miranda has refashioned himself as a one-man, right-wing force to be reckoned with on judicial nominations.  Even before stepping down, Miranda was working behind the scenes, orchestrating the GOP’s 2003 “reverse filibuster” protest.   After a short-lived disgrace caused by his run-in with basic ethics, Miranda returned to the scene with the launching of the National Coalition to End Judicial Filibusters, since renamed the Third Branch Conference.  Since then, Miranda has been... MORE >
Kyle Mantyla, Thursday 06/29/2006, 3:33pm
Sen. Elizabeth Dole takes to the pages of the Charlotte Observer to complain about the opposition to the nomination of Terrence Boyle, whom she calls “a fine North Carolinian, distinguished jurist and dedicated public servant.” That may or may not be the case, but Dole might want to do a little research before complaining that Our federal courts currently have 47 open seats, 21 of which have been declared ‘judicial emergencies’ -- including the seat to which Judge Boyle has been nominated. Vacant since July 1994, this seat is the longest federal judicial... MORE >