Tuesday, April 15, 2003
Copyright © Las Vegas Review-Journal

EDITORIAL: Not enough hours

As the nomination of Miguel Estrada to a federal appeals court in Washington, D.C., languishes in a filibuster, another judicial appointee is mired in partisan quicksand: Texas Supreme Court Justice Priscilla Owen.

Justice Owen was selected in May 2001 to fill a vacancy on the 5th U.S. Circuit Court of Appeals. Her appointment seemed dead in the water last fall, when the Democratic-led Senate Judiciary Committee rejected her on a party-line vote. But after the November election, when control of the Senate (and its committees) switched to the Republicans, the newly constituted Judiciary Committee approved Justice Owen's nomination and sent it to the Senate for a floor vote.

And so the stalling began anew. Last week, when Republicans tried to compel senators to vote up-or-down on the nomination -- some 23 months after the justice's name was first submitted -- Democrats again went into the capital's version of the Four Corners delay. Sen. Robert Bennett, R-Utah, made a suggestion that after Democrats and Republicans each received 10 hours to debate Ms. Owen's qualifications a confirmation vote would follow.

Nevada's own Harry Reid, D-Beltway, said no. "There is not a number (of hours) in the universe that would be sufficient," Sen. Reid said.

The reason for Democrats' opposition: an opinion authored by Justice Owen upholding a Texas law that requires any minor who seeks an abortion to notify one of her parents.

Is this alone sufficient grounds to disqualify Justice Owen for a federal appellate court? The American Bar Association must think not, since its Standing Committee on the Federal Judiciary considers her "well qualified."

But any formal discussion of this appointment has been stifled for now, as Sen. Reid -- who's also point man for the filibuster stalling Mr. Estrada -- remains captive of narrow special interests whose views are far from those of the mainstream.

It's a shameful exhibition of partisan politics.