Fox News is reporting that Estrada has withdrawn from consideration for confirmation to the U.S. Court of Appeals for the D.C. Circuit.

I can't say that this is unfortunate after everything that has occured. Of course it is sad that someone of Estrada's legal qualifications and jurisprudential views will not be serving in the judiciary, but I have become tired of the administration's apparently inept strategy (or more accurately, complete lack of strategy) in getting its appointments confirmed. If the administration and senate republicans are not willing to do what it takes to get the confirmation, these appointees should abandon the adminstration en masse. Perhaps that will incentivize the Senate leadership and the White House to get something going. My vote is to put Rummy in charge.

I say this for two reasons. First, no person should be expected to go through the prolonged uncertainty to which these appointees are subjected. Second, and more importantly, leaving them twisting in the wind is politically stupid. It shows a lack of resolve on the part of the White House and the Senate Republicans and allows the left to bash away on them endlessly. Put the appointment up and either ram it through or withdraw it within a reasonable time.

Finally, one final bright spot. As far as I am concerned, conservatives win this battle in the long run. A shrinking federal judiciary incapable of handling its case load is far scarier to the left than to the right. So let's just ride this out and if the Senate Democrats want the federal judiciary to whither away to nothing -- so be it.


- posted by Anonymous @ 11:38 AM