The Mention, the Compromise and the Supreme Court
14 July 2005Today I write to congratulate you, reinforce my support for the judicial compromise, ask that every effort be made to avoid the battle royal that is being predicted in light of Associate Justice O’Connor’s retirement, and do not give in to outside pressure on Mr. Saad.
First and easiest, congratulations on being mentioned for the Supreme Court vacancy, even though it was only in conversation between colleagues. It is an honor to have such a fine American like you talked about as a nominee. In light of this; however, I am just as proud that you have decided that the Senate is the place that you could do the best work for the people of South Carolina and America. I believe, even though I would have supported the nomination, that you can do your best for the country in the Senate. Thank you for your dedication to your state and our wonderful country.
Second, I still strongly support the judicial compromise and its role in confirming judges. It will be tested due to today’s events. I would like for it to hold and believe it will. I believe that you and your 13 colleagues will make informed decisions about the ‘extraordinary circumstances’ clause. I also hope that President Bush advises the entire Judiciary Committee of his nominee so he can receive a fair assessment of weather or not the individual will get through. I have faith that if he does not advise the entire committee, he has already met with the GOP members, that you will stand up for the agreement and allow the protests of the Democrats and even support them. The President has continued the advising process by talking to leaders on both sides, including Mr. Leahy the Ranking Minority Member of the committee. This is good, but I hope he will also speak with other Democrats on the committee.
Third, I ask that you do everything in your power to avoid a battle royal that has been predicted by some. The rhetoric is heating up again already. We need, as the President said, a dignified process. This nomination will really test the compromise because it was Sandra Day O’Connor who retired. I have faith that there will be a smooth process, aside from the typical few. However, if President Bush, advises the entire committee then no committee Democrat can justify a filibuster attempt. I say attempt because the compromise binds the 7 Democrats to block any filibuster attempt except in extraordinary circumstances. As long as the President advises the Senate no extraordinary circumstance exists since it was decided that ideology/philosophy do not constitute said circumstances. The only thing in my mind that leads to said circumstances are personal/ethical transgressions.
Finally, do not let the outside groups pressure you in either direction regarding the nomination of Mr. Saad. Unfortunately, because a colleague referred to Mr. Saad’s secret FBI file; he’s a damaged nominee. It is ok that he remains blocked do to the deal. It would even be OK if not for the deal. There are circumstances that would likely prevent him from being confirmed. In fact I would hope that President Bush might consider withdrawing the nomination since the confirmation process has been tainted and will not be fair.
Happy Fourth of July! Thank you for your continued service. We are blessed and privileged to have you as one of our Senators.
Thank you.
Graham Gazette 
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