Newswise — University of Maryland political communication expert Trevor Parry-Giles, author of "The Character of Justice: Rhetoric, Law, and Politics in the Supreme Court Confirmation Process" (forthcoming), can comment on the current impasse over judicial confirmations " the historical precedents as well as the long-term political implications.
Parry-Giles says:"Repeated claims that President Bush's nominees 'deserve' an up or down vote are just not consistent with centuries of Senate practice. If the Senate Republicans exert the 'nuclear option,' they will be rewriting and reframing a central provision of the U.S. Constitution " the 'advice and consent' clause of Article II.
"The Constitution does not specify conditions for how the Senate will carry out its 'advice and consent' responsibilities, and historically, that responsibility has been left to the Senate. Several judicial nominees over the last 200-plus years have never come to a floor vote " they were stalled by the politics of the 'advice and consent' process, their nominations were withdrawn by an embarrassed president, or they never made it out of committee.
"The vast majority of presidential nominees are confirmed by the Senate. To change a long-standing Senate rule, and to remake a constitutional provision, just because 3 percent of President Bush's appellate court nominations are stalled speaks to what is really at work here " the Republicans and the Democrats alike are simply laying the groundwork for the anticipated resignation of Chief Justice Rehnquist.
"Sadly, even though 'advice and consent' has worked well for over 200 years, with little disruption to the working of the judiciary, some Senators are willing to ignore both history and constitutional practice for short-term gain and transitory political advantage."
TREVOR PARRY-GILES " assistant professor of political communication, University of Maryland
EXPERTISE: judicial nominations; presidential rhetoric, political strategy and advertising
CREDENTIALS: former political consultant and writer; books include "Constructing Clinton: Hyperreality and Presidential Image-Making in Postmodern Politics" (co-author) and "The Character of Justice: Rhetoric, Law, and Politics in the Supreme Court Confirmation Process" (forthcoming); co-directs Political Advertising Resource Center (http://www.umdparc.org/)
WEB SITE: http://www.wam.umd.edu/~tpg/index.html For additional UM political experts go to http://www.newsdesk.umd.edu/experts/
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