Estrada update

Byron York, who has been superb in his coverage of the Estrada nomination, runs an afternoon article titled: “Estrada: Now It’s War.” Some key excerpts:

“…Daschle, along with Patrick Leahy, the ranking Democrat on the Senate Judiciary Committee, sent a letter to President Bush demanding copies of legal position papers written by Estrada when he worked in the Justice Department during the Clinton years. The letter also demanded that Estrada answer more questions from Democrats”

“Although not surprised by the demands, some Republicans are amazed at the audacity of Democrats to keep making them. As far as the documents are concerned, the Justice Department has maintained that the papers are "highly privileged." While some Democrats might attribute that position to politics, it is supported by all seven living former Solicitors General, who last June sent Leahy a letter saying that "we do not think that the confidentiality and integrity of internal deliberations should be sacrificed in the [confirmation] process." The letter was written by Seth Waxman, who served as Solicitor General under President Clinton, and it was signed by not only Waxman but by Walter Dellinger and Drew Days III, who also held the post under Clinton; Kenneth Starr, who held it under the first President Bush; Charles Fried, who was Solicitor General under President Reagan; Robert Bork, who served under President Nixon; and Archibald Cox, who served under President Kennedy.”

I’m genuinely surprised the Democrats have taken the fight this far. Miguel Estrada, with his Horatio Alger background and “well-qualified” rating from the ABA, is the last person the Democrats should be blocking. Their reasons for doing so are paper-thin. The Republicans will make sure everyone knows the Senate is being stalled with a Democrat filibuster and, no matter what happens with Estrada, the public will be exasperated with the Democrats’ intransigence by the time a Supreme Court nominee comes around. My feeling is that the Donks are running on sheer petulance in that, much like France, they want everyone to know they still matter. Bill Frist should call their bluff and force the roll call vote; stand up, be counted, and bear the consequences.