A couple of weeks ago, we noted that 165 days after their nominations, Judges Diaz and Wynn still hadn’t had a Senate floor vote on whether to confirm them as Fourth Circuit judges.  Today, 180 days after their nominations, McClatchey ran this op-ed by University of Richmond law professor Carl Tobias urging their prompt confirmation.

4 Responses to “Call to confirm Judges Diaz and Wynn”

  1. Anonymous says:

    The Bork fiasco started this mess. It seems to be routine now.

  2. Socrates says:

    Dr. Levy gets the last laugh…

    You are right, it all started with Robert Bork…but not with the Senate hearings in 1987 to which you allude…it goes way back to 1973. Solicitor General Robert Bork was the lone assassin in the “Saturday Night Massacre,” on October 20, 1973, a highly political act, complying with President Nixon’s demand to fire Watergate Special Prosecutor Archibald Cox after Cox’s request for tapes of his Oval Office conversations. Nixon initially ordered Attorney General, Elliot Richardson, to fire Cox, but Richardson resigned rather than carry out the order. Deputy Attorney General William considered the order “fundamentally wrong” and also resigned, making Bork acting Attorney General. When Nixon reiterated his order, Bork complied and fired Cox.

    Besides being a lackey for President Nixon, Solicitor General Bork argued the cause for appellant, (Warden) Parker, in the landmark (for military justice practitioners) Supreme Court case of Parker v. Levy, 417 U.S. 733 (1974). The Court reasoned that “the military is, by necessity, a specialized society separate from civilian society. We have also recognized that the military has, again by necessity, developed laws and traditions of its own during its long history.” Bork has openly advocated censorship and “decency boards” since his rejection from the high court, calling into question his distinction of civilian society from military society (meaning he would have adjudged most people like Dr. Levy, military status or not). The late Senator Kennedy may have been harsh with his rhetoric, but Bork was rightly rejected, including by 6 Republican “no” votes. The vacant seat eventually went to Judge Anthony Kennedy.

  3. Anonymous says:

    As I said, it all started with the Bork fiasco. Watergate has nothing to do with the political obstruction of judicial confirmations. And you can get a life after Watergate.

  4. Earl F.Dewey says:

    An anecdote about James Wynn. I had the pleasure of serving with Jim in the early 1980s at NLSO Norfolk. We were all very busy in those days with trial counsel carrying caseloads of 60 to 90 cases and defense counsel 30 to 50. We put in long hours and at least half a day on saturday. Enter LTJG Wynn frresh from Justice School who upon being advised of the saturday work expectations immediately advised the LCDR department head that he quite simply would not be working any weekends. I liked him immediately. I know that he put in all the hours the job required, but I do not think he worked a weekend that I can remember. You have to love a guy who has his priorities in order and weekends were for his family