[Hpn] Jeffrey Sutton nomination AGAIN!
Sun, 22 Dec 2002 11:18:40 -0500
I'll just be blunt. Do nothing and this bigot (Sutton) will make sure you
have NO civil rights.
Subject: ACTION ALERT!! Help Needed Now to Oppose Sutton >Nomination" >
>"ACTION ALERT!! Help Needed Now to Oppose Sutton
>It's time to take action on the Sutton nomination! In the
>article below, "Roll Call" reports that Jeffrey Sutton,
>nominated to the Federal Court of Appeals for the Sixth
>Circuit, "would most likely be among the first nominees to
>get an airing before the soon-to-be Republican-controlled
>[judiciary] committee next month."
>Sutton argued against two important civil rights statutes
>in cases before the Supreme Court, one on age
>discrimination and one on the ADA. In both cases, a narrow
>majority of the Supreme Court sided with Sutton's argument
>in defense of states rights and state immunity from private
>suits under federal law. During the ADA case oral
>arguments, when asked whether the case was more of an
>employment case than an access case, Sutton replied: "Well,
>your Honor, it's a challenge to the ADA across the board."
>Because of Sutton's cramped view of Congress's authority to
>protect our civil rights under the Constitution, AAPD and
>hundreds of other organizations have gone on record
>opposing his nomination. If this opposition is to have any
>meaning, advocates must act now to urge members of Congress
>to vote against Sutton's nomination.
>As described below, now that Republicans have regained
>control of the Senate, hearings and votes on Bush's
>judicial nominees are expected to move quickly.
>WHAT YOU CAN DO:
>+ Call your Senators NOW to educate them about Sutton's
> record and help protect the future of the ADA;
>+ Write your Senators and send copies of your letters to
> Senators Leahy and Hatch on the Judiciary Committee;
>+ Ask for editorial board meetings with local newspapers
> in early January;
>+ Write letters to the editor of local papers.
>In any calls you make or letters you write, try to give
>examples of how discrimination by States continues to
>impact the lives of children and adults with disabilities.
>For more information on Sutton, visit
>http://www.ncil.org/sutton.htm. To contact your Senators,
>visit www.senate.gov. You can also call the Capitol
>switchboard at 202-224-3121. It's especially important to
>contact members of the Judiciary Committee. Senator Hatch,
>a major supporter of the ADA and soon-to-be Chairman of the
>Judiciary committee that will act on judicial nominees, can
>be reached at 202-224-5251. The list of current Judiciary
>Committee members follows the Roll Call article.
>Jonathan Young, PhD
>JFA Editor, AAPD
>GOP Sets Early Push For Judges
>By Paul Kane
>December 16, 2002
>Senate Republicans are planning to move aggressively on
>judicial nominations at the start of the 108th Congress,
>hoping to hold three voting sessions in January to install
>new judges on the federal bench.
>Leading Senate Republicans emerged from a meeting with
>White House Counsel Alberto Gonzales last week with a
>framework for how they will push for nominees previously
>held up by the outgoing Democratic majority.
>While final dates have not been set, some GOP leaders are
>pushing to hold votes on judges in the Judiciary Committee
>as early as Jan. 10, 2003, just three days after the new
>Sen. Jon Kyl (R-Ariz.), a Judiciary member who is also a
>newcomer to the leadership, said he is pushing for the
>White House to renominate any holdover nominees from this
>Congress on Jan. 7. If that occurs, Senate rules
>mandate the committee wait three days before a nominee
>could be voted on in executive sessions, a timetable Kyl
>"We go into session Tuesday. Count them up, three days,
>that means Friday," Kyl said of his preferred schedule.
>Kyl said the plan would then involve holding executive
>sessions to vote on more judges the following Friday, Jan.
>17, and possibly again at the end of the month. Aides and
>other Senators stressed that no dates had yet been
>finalized, but agreed with the general outline for getting
>out of the gate quickly and holding up to three voting
>sessions next month on nominees who have already had
>hearings but have not yet been reported favorably out of
>That strategy would likely mean a quick vote on Miguel
>Estrada's nomination to the prestigious U.S. Circuit Court
>of Appeals for the District of Columbia. His bid has drawn
>sharp opposition from liberal groups looking to knock off
>Estrada, who is widely viewed as a potential Supreme Court
>Incoming Majority Leader Trent Lott(R-Miss.) had previously
>vowed to make Judge Charles Pickering of Mississippi, a
>friend of 30 years whose bid for a Circuit Court seat was
>defeated last March, the first judge considered in the
>108th Congress. Republicans privately acknowledged that a
>new Pickering fight might be too tricky to push forward
>this early because of the ongoing battle Lott is fighting
>regarding racial allegations, which were also the subtext
>to Pickering's nomination.
>Lott said at a press conference Friday that he still hoped
>the White House would nominate Pickering, but he agreed his
>opponents will link the issues. "Obviously, people will
>try to use it against him," he said.
>Sen. Orrin Hatch (R-Utah), the incoming Judiciary chairman,
>declined to speculate on what the Lott controversy meant
>for Pickering. But Hatch said he would take up nominees
>"chronologically, starting with May 9."
>Hatch was referring to the remaining nominees who were sent
>to the Hill by President Bush on May 9, 2001, many of whom
>Democrats considered too conservative or controversial.
>That first group of nominees did not include Pickering, but
>it did include Estrada as well as John Roberts, a nominee
>to the D.C. Circuit Court, and Jeffrey Sutton, a Circuit
>Court nominee from Ohio.
>Estrada had a hearing in the fall, a marathon session in
>which he faced hours of questions from Senate Democrats,
>who have now had several months to ask him follow-up
>questions in writing. "That's an example of one of those
>nominees that shouldn't be too hard to bring up," Kyl said.
>"He's ready to go," added a senior GOP aide.
>Roberts and Sutton, however, have not yet had hearings,
>meaning they would most likely be among the first nominees
>to get an airing before the soon-to-be Republican-
>controlled committee next month.
>If Republicans can get started that quickly on
>controversial nominees such as Estrada and Roberts, the
>ball will quickly be in the Democrats' court. With a
>majority of Republicans, the committee can ram through any
>nominee it wants by a one-vote margin, sending it to the
>floor, where a handful of moderate Democrats are likely to
>join Republicans in approving almost every nominee.
>Aides say it's not clear if, and over which nomination,
>Democrats would be willing to go the unusual route of
>filibustering a lower-court nomination, a tactic that has
>usually been reserved for controversial Supreme Court
>nominees. But Democrats noted that Republicans can't do
>anything just yet with Judiciary or any other committee,
>not while Lott and the Democratic leader, Sen. Thomas
>Daschle (S.D.), are still haggling over a reorganization
>resolution that will formally establish committee
>structures for the 108th.
>Until that resolution passes the Senate, Sen. Patrick Leahy
>(D-Vt.) will still be considered chairman of Judiciary, as
>will all other current Democratic chairmen. Lott and
>Daschle agreed that the new panels will have a one-seat
>edge for Republicans, but many issues remain undecided,
>including how the funds will be split and whether the GOP
>achieves its majority by knocking Democrats off the
>committees or adding more members.
>Lott and Daschle last spoke about the issue a week ago,
>just as the controversy over Lott's comments at a tribute
>to Sen. Strom Thurmond (R-S.C.) exploded, and it's unclear
>when the leaders will resume their own one-on-one talks.
>When Sen. Jim Jeffords (I-Vt.) left the GOP and gave
>Democrats the majority, it took more than a month to
>negotiate the new organizing resolution. Any extended
>negotiation such as the last one would put a serious
>roadblock into Republican plans of quickly passing Estrada
>and other judges.
>And Democrats are anxiously awaiting the chance to contrast
>how quickly Senate Republicans approve judges nominated by
>Bush to those nominees from the Clinton administration,
>when the GOP also controlled the chamber. "There's no
>doubt that Republicans will dramatically improve on their
>own record of obstructing President Clinton's nominees,"
>said David Carle, Leahy's spokesman. "In fact, they'll beat
>their own record by a mile."
>In a pre-emptive move to defend his own record, which
>Republicans regularly assailed in the past year, Leahy sent
>a letter to Chief Justice William Rehnquist outlining what
>he considers a strong record of approving judges, 100 in
>all since Democrats took over in mid-2001.
>"While some have attempted to diminish our significant
>accomplishments through misleading percentage comparisons,
>the fact is that we were extremely productive, especially
>when compared to the Republican majority's actions from
>1995 to 2001," Leahy wrote.
>Leahy is hoping to influence Rehnquist's year-end report
>which is due in the coming weeks and usually includes
>remarks on how the Senate has performed in approving
>judges. Leahy inherited 110 judicial vacancies, a number
>that was sliced down to 59 when the 107th Congress
>concluded its work last month.
>Whenever Republicans get to start moving judicial
>nominations, they expect to make it a regular duty, with
>both a hearing and voting session every week. Aides said
>Kyl was among those Republicans who were pushing for a
>specific show of force by holding a hearing on judicial
>nominees every day of the second week of the session, from
>Jan. 13 through Jan. 17.
>It's unlikely that such an ambitious schedule would be
>taken up, but more because of time constraints than GOP
>willingness. "We're not going to overreach," vowed a GOP
>aide. "But we are not going to be sitting back either. We
>have a lot of catching up to do."
># # #
>Patrick J. Leahy
>Orrin G. Hatch
>RANKING REPUBLICAN MEMBER, UTAH
>Edward M. Kennedy
>Joseph R. Biden, Jr.
>Charles E. Grassley
>Russell D. Feingold
>Charles E. Schumer
>Richard J. Durbin
># # #
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