a few points:
ok, maybe estrada’s memos were property of the doj. but if the admin was serious about getting estrada nominated, i’d think they’d have released the info that the democrats wanted.
moreover, to say that clinton’s nominees wouldn’t have secured a majority and thus wouldn’t have been confirmed is, at best, not something that can be ascertained. the repubs favorite trick to block clinton nominees was to simply refuse to allow them a hearing before the judiciary committee. that’s precisely what happened to the democratic analog to miguel estrada, enrique moreno, as well as others. (and just to be clear he’s not simply an analog based on race, but rather because of other shared characteristics, such as receiving the highest rating from the aba).
if you read ALL the memos pertaining to estrada(and i have), it becomes abundantly clear that he was NOT filibustered based on race, but rather for reasons more along the lines of what ken mentioned.
frist cozying up with the religious conservatives on this issue is turning it into a “vote against judge x, is a vote against god”. it’s patently ridiculous and borders on theocratic.
lastly, i found this from the washington, 6/5/99: At the beginning of the year, Senate Judiciary Chairman Orrin G. Hatch (R-Utah) proposed Stewart, a political friend, for an opening as a federal judge in Utah. But so far the Clinton administration has been unwilling to nominate Stewart for the post. In response, Hatch has essentially shut down the confirmation process for existing nominees: He has not scheduled a confirmation hearing for any nominee to the federal bench – 42 are now pending – since January. “I am concerned about my Utah recommendation,” Hatch told committee Democrats at a recent meeting.
The conflict appears to mark the first time in 40 years that a senator has blocked all judicial confirmations. And as the battle drags on, its impact is extending far beyond the Beltway, affecting the pace of cases nationwide and potentially altering the long-term complexion of the federal bench and Clinton’s judicial legacy.
“I couldn’t say this is a perversion of the process,” said Sheldon Goldman, a political science professor at the University of Massachusetts who has studied court appointments extensively. “But I could say you are going to the brink of a constitutional crisis when you say, ‘My man or nothing moves.’ That’s ominous.”