George W. Bush's position on

Judicial Accountability: Due to rancor and political discord marring the judicial and nomination process within the last few years, many federal benches have been left vacant. The Bush Administration feels the Senate's abuse of power is to blame, while Kerry and many other senators feel that the Bush's continuance in nominating right wing judges is keeping vacancies from being filled.

Description of candidate's position: Bush supports the appointment of well qualified judges that will strictly interpret and apply the law. "Under President Bush's plan, judges would provide one-year advance notice of retirement, when possible; Presidents would submit nominations within 180 days of receiving notice of a vacancy or intended retirement, absent extraordinary circumstances; the Senate Judiciary Committee would hold a hearing within 90 days of receiving a nomination, and the full Senate would vote up-or-down on a nominee no more than 180 days after a nomination is submitted". Bush website. (link)

Quotation from the candidate: "It is my responsibility as your President to make sure the judicial system runs well, and I am meeting that duty. I have nominated superb men and women for the federal courts, people who will strictly interpret the law, not legislate from the bench as activist judges. Some members of the Senate are resorting to unprecedented tactics to block votes on my good nominees. This is unfair to the nominees, and damaging to the judicial system. Every nominee deserves a fair hearing and a timely vote on the Senate floor. It is time for those senators to stop playing politics with American justice". Address to Southern Baptist Convention, June 15, 2004, from the Bush website. (link)

Assessment of the proposal:

Positive: The American Center for Law and Justice, a public interest law firm committed to insuring the ongoing viability of constitutional freedoms, stands behind President Bush stating that "the appointment of judges who will interpret the law, rather than legislate policy, is certainly one of the most important responsibilities given to the President under our Constitution. President Bush is committed to nominating men and women who 'clearly understand the role of a judge is to interpret the law, not to legislate from the bench. To paraphrase James Madison, the courts exist to exercise not the will of men, but the judgment of the law. My judicial nominees will know the difference'". American Center for Law and Justice website.

Negative: The NAACP, whose focus is the protection and enhancement of African-Americans and other minorities, stated that "President Bush continues to nominate right-wing extremists to the federal bench, said Kweisi Mfume, NAACP President and CEO. The NAACP must stand in firm opposition to the confirmation of any and all nominees, whose judicial record gives rise to suspicion about their ability to render impartial judgment and fair interpretation of federal law". (link)

Comparison: Bush feels that Kerry and other senate members have held up the judicial nomination process with frivolous filibusters not because the judges aren't well qualified, but because they don't pass the litmus test Kerry has for the appointment of federal judges. While Kerry wants to fill the federal courts with judges that share his views abortion, the death penalty, or quotas, Bush wants to fill the courts with judges who will strictly interpret and apply the law in the most expedient fashion.

Link to Kerry's Issue Brief.