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Interesting Theory


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OK, I was checking out a blog called rightcoast.com (apparently, written by conservative professors out on the west coast).

 

One thing mentioned was that, TECHNICALLY, Estrada could sue the Democrats in the Judiciary Committee for racial discrimination, pointing out that they held him to standards they did not hold white judges to. They could not claim he was poorly qualified.

 

Now, while I think this would be a horrible move (unspeakably bad move, to be honest) --- wouldn't it be damned fitting, seeing as how the Dems have decided to bastardize their whole "advise and consent" power by filibustering judicial nominees?

 

The Senate has a right to an up and down vote on nominees (THAT is "advise and consent"). They do NOT have the right to refuse a vote to be taken. A nomination is NOT a normal piece of legislation in the Senate. The Democrats are creating a battlefield in which judicial nominees might NEVER get approved by EITHER party by using tactics that nobody has ever used in the history of this great country.

 

Anyhow, any thoughts on the theory of Estrada's legal standing?

-=Mike

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