Mean Game in the Senate

Comes now John Ashcroft (R-Mo.), revealing that he is the senator who earlier this month put a hold on the nomination of Margaret Morrow to the federal district court in Los Angeles, stalling indefinitely the elevation of this worthy attorney to the bench. Morrow, former president of the Los Angeles County Bar Assn. and the State Bar, was nominated to the bench in 1996. Hers is one of dozens of judicial nominations pending before a Senate that has refused even to vote on these men and women, in essence because a Democratic president currently gets to make those nominations.

Ashcroft, a member of the Judiciary Committee, was unsuccessful in blocking Morrow’s nomination at the committee level, though he and others insisted that she submit to an unusual second round of hearings and a second vote, which occurred in June. So he has used the power each senator has to prevent the full Senate from voting on her confirmation. Ashcroft says he will lift his hold only if Majority Leader Trent Lott (R-Miss.) agrees to schedule yet more debate on Morrow and require a roll-call vote. Ashcroft first acted anonymously, which the hold privilege allows, but last week owned up to his action.

Morrow’s confirmation should have been pro forma. She has the highest recommendations and deep experience as a litigator in trial and appellate courts. Ashcroft nonsensically insists that Morrow would be an activist liberal judge, despite the support she has from other conservatives including Judiciary Committee Chairman Orrin Hatch (R-Utah) and Sen. Mike DeWine (R-Ohio). Ashcroft’s hold demonstrates his reluctance to allow his colleagues their opinions and to be bound by their majority.

It’s bad enough that this mean game is being played with Morrow’s nomination but worse still that such treatment has become commonplace. Nearly 100 federal judgeships are now vacant--one of every nine seats. In California, more than 20% of the 55 federal trial judgeships are vacant. Justice is delayed and all those with business before the federal courts suffer.

Ashcroft should give up this petty destructiveness and lift his hold.