On August 5, 2010, Elena Kagan was confirmed as an Associate Justice of the United States Supreme Court. She was nominated by Pres. Obama, after previously serving in both his and Pres. Clinton’s administrations. Kagan was the first nominee with no experience as a judge since William Rehnquist in 1972. Ideologically, she is considered to be liberal. (She also hired current nominee Judge Brett Kavanaugh when dean of Harvard Law School.)
In her confirmation process, a letter from Miguel Estrada was shared. Estrada commended Kagan for possessing a “formidable intellect” and “exemplary temperament.” Ideologically, Estrada is considered to be conservative. Estrada still believed a President has the prerogative to nominate judges who share his/her governing philosophies. Hence, different as they are, Estrada felt Kagan was “an impeccably qualified nominee.”
Move to today’s Supreme Court squabble, where many have referenced the former controversy surrounding Justice Clarence Thomas. Allow me to humbly suggest we should also look at what happened to Miguel Estrada — and to his family. He, too, was once nominated…
Having received a unanimous “well-qualified” rating from the American Bar Association, Estrada was nominated in 2001 by Pres. George W. Bush to the U.S. Court of Appeals for the District of Columbia Circuit. [According to Wikipedia] “Senate Democrats, claiming Estrada was a conservative ideologue with no experience as a judge, and unable to block his nomination in the Senate Judiciary Committee after the Republican Party took control of the Senate in 2002, used a filibuster to prevent his nomination from being given a final confirmation vote by the full Senate.”
More from Wikipedia:
“… Leaked internal memos to Democratic Senate Minority Whip Dick Durbin mention liberal interest groups’ desire to keep Estrada off the court partially because ‘he is Latino,’ and because of his potential to be a future Supreme Court nominee. A spokesman for Durbin said that ‘no one intended racist remarks against Estrada’ and that the memo only meant to highlight that Estrada was ‘politically dangerous’ because Democrats knew he would be an ‘attractive candidate’ that would be difficult to contest since he didn’t have any record…”
Estrada was nominated in May of 2001. After 28 months in political limbo — including seven failed cloture votes, six months of filibuster use, and continuous political posturing — Estrada withdrew his name from further consideration on September 4, 2003.
Summarizing the account… “Numerous judicial nominees prior to Estrada had been kept off the courts, when the Senate refused to let the nomination out of committee for a floor vote… but the Estrada filibuster was different in multiple ways. Estrada’s was the first filibuster ever to be successfully used against a judicial nominee who had clear support of the majority in the Senate. Estrada’s was the first filibuster of any court of appeals nominee. It was also the first filibuster that prevented a judicial nominee from joining a court.”
Oh, how sobering this is. Can we not admit that political motivations are in play? … from all sides?
… with the Democrats on Estrada… the Republicans on Merrick Garland…
And now — regardless of whether or not Dr. Christine Ford is telling the truth — can we not admit that both the Democrats and Republicans are still playing political games?
This is disturbing.
But sadly, it gets worse.
During the confirmation process of Miguel Estrada, his wife, Laury, suffered a miscarriage. Then, a year after her husband’s name was both damaged and withdrawn, Laury passed away suddenly and unexpectedly. She died of an accidental overdose of alcohol and sleeping pills. Persons on all sides of the proverbial political aisle could not help but wonder how much the unprecedented stress of those 28 months painfully impacted their family.
What are we doing? Who will be maligned next?
Can we stop for a moment, recognizing that both sides are playing games, and as the watching public, we are fueling the fight when we justify the game playing by one??
At the onset of the Trump administration, Miguel Estrada was rumored to be a candidate for the nation’s next solicitor general. Estrada released a statement: “I have only respect and best wishes for those who agree to serve despite the deterioration of the confirmation process over the years, but everyone who knows me in this town knows that I would never accept a job that requires Senate confirmation…”
The deterioration of the process… that’s it.
Regardless of what happens this week and next with Ford, Kavanaugh, and seemingly, “As the Senate Turns,” I pray no one finds cause to celebrate. The process remains deteriorated… that is, until we quit taking sides, tolerating solely the games of one.