Sen. Grassley -- You won't remember me, but when I was a DC intern 25 years ago, I drove you to and from your Senate office for an appearance sponsored by the think-tank I was interning with, the Center for Defense Information. It is with that connection, albeit minor, that I am offering you a great idea -- a deal that will honor your comments about the President's nominations today of 3 candidates for the DC Circuit Court of Appeals.
I have heard with interest your comments that the DC Circuit Court of Appeals does not need more judges. You've indicated that you're not opposed to the President's individual nominations to that court. Instead, you think the Court already has too many judges, and you'd like to eliminate two of those seats to move them around the country. Your claim is that there are other courts that need more judges because they are overloaded in their workload.
This gave me an idea that I am sure the President and Senate Democrats would accept -- moving forward on votes for those three judicial nominees while still shrinking the size of that panel and creating slots for judges in other circuits. Win-win-win!!! And, you will get all the credit! So throw in another win. Win-win-win-win!!!
So, Sen. Grassley, here's my idea (now amended, as Adam B has pointed out that the Bush appointees cannot yet take senior status):
You and your fellow Republicans will agree to a proposal to transfer and to put the pressure on 3 Bush appointees to take senior status to agree to transfer to other circuits. The President would agree to nominate, with their consent, whichever previously GOP-appointed judges you select. So, that would create three (3!!) vacancies on the DC appellate court, even according to your impressions regarding the court's workload. Thus, the Judiciary Committee could go forward in good conscience and true to your principles in considering the President's new trio of nominations.
In addition, this would allow the courts and the President to use those saved resources to support 2-3 additional judges in those other circuit courts that you believe have the greater need for new judges. I'm sure the President could be persuaded to add a couple of other judges to the busiest courts, It might even be arranged in a way that preserves ideological balance on those other courts, if those courts could get additional seats...thus getting the new judges first appointed by Bush to the DC court and other judges nominated by Obama. That way, the Democrats and the President would be sure to agree.
Then, the Judiciary Committee and the full Senate could move with greater alacrity in voting on all those nominations to other courts, so we could ease the crushing workload that you so correctly note some of our courts are laboring under. This will require the cooperation of your fellow Republicans to stop "slow-walking" and otherwise holding up votes on the nominations.
You could take this moment and use it to make the changes you think are needed in these fiscally challenging times -- without appearing to be merely obstructionist. This is a chance for you to be pro-active.
I'm thinking that you and your fellow Republican senators should go public with this proposal, urging Judges Henderson, Brown and Griffith to take senior status jobs with other circuit courts. I won't ask you to prod Judge Kavanaugh into leaving, because I know how much you Republicans like him. If only two of those judges agree to the arrangement, this will basically accomplish your goals, when you follow through on approving Pres. Obama's nominations to the other courts.
While you're at it, you could urge Judges Williams, Sentelle, Randolph and especially that infamous pot-smoker, Douglas Ginsburg to give up their senior status and go into full retirement. That would really save some money.
What say you -- how about it?