by Bradley Parsons
Staff Writer
One of Jacksonville’s most prominent jurists sees no end in sight for the divisive political climate surrounding coming appointments to the Supreme Court and a raft of federal appeals court vacancies.
U.S. Circuit Court Judge Gerald Tjoflat has been a critic of Democratic senators’ use of the filibuster to block confirmation votes on Pres. George Bush’s appellate court nominations. With two Supreme Court seats open, Tjoflat now expects politics to become an even greater obstacle to filling those seats.
“It’s all a big turmoil right now,” said Tjoflat. “They’re not even going to address the appeals courts until the Supreme Court is settled, and there’s no telling when that’s going to be.”
Tjoflat has been waiting since 2001 for vacancies on the 11th U.S. Circuit Court of Appeals to be filled. That’s when senate Democrats began their filibuster strategy. By refusing to allow votes on Bush appointments, those senators were keeping federal appellate courts understaffed and interfering with their operation, said Tjoflat.
Most troubling, said Tjoflat, were requests that appointees state their positions on many of the most divisive issues facing contemporary courts. By stating a position on abortion, gun rights or affirmative action, Tjoflat said the appointees would disqualify themselves from ruling on those issues.
In 2004, Tjoflat predicted that Bush would have to resort to recess appointments to fill the judicial vacancies. That prediction proved correct when Bush gave recess appointments to Charles Pickering and Bill Pryor.
The senate’s refusal to confirm Pickering was a particular annoyance to Tjoflat. Prior to Pickering’s appointment to the 5th U.S. Circuit Court of Appeals, Tjoflat said he was a qualified candidate who deserved a confirmation vote. Pryor was appointed to Tjoflat’s 11th Circuit.
Recess appointment is a Constitutional power, which allows the president to make an end run around congressional confirmation. Essentially, the president waits until Congress goes home to make the appointment. But recess appointments are not a long-term solution to a short-staffed judiciary. They last only until the end of the year.
Recess appointments are also not an option on the Supreme Court where Bush must fill two vacancies. Tjoflat sees an overwhelming consensus forming around John Roberts, Bush’s nominee to replace William Rehnquist as chief justice. Roberts’ qualifications should be enough to trump politics, said Tjoflat. But he hopes political considerations don’t color Bush’s second nomination.
Tjoflat also doesn’t give much weight to the concept of a politically-balanced Supreme Court that’s being touted by Democrats.
“The best-qualified candidate should get the job, period,” he said.