The Senate Democrats announced at a press conference today that they are undecided as to whether they will filibuster the nomination of Miguel Estrada to the D.C. Circuit Court of Appeals. This might seem like an odd occasion for a press conference, but the Evil Weasel appears to be lost in the beltway echo chamber and may actually believe that we are waiting anxiously for news about how the minority will proceed. My favorite quote came from the execrable Pat Leahy: “What little record we have calls into question his sensitivity, his fairness, and whether he would be a neutral referee or an advocate and activist from the bench.” Now that we have a Republican President, the Democrats want judges to be “neutral,” and above all not “advocates” or “activists.” That makes sense, of course: if Republican nominees are all neutral, and only Democratic nominees can be advocates and activists, they’ll win.
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