Judging Miguel Estrada

The support expressed by John W. Donohue, S.J. , for Miguel Estrada’s nomination to the U.S. Court of Appeals for the District of Columbia Circuit is misguided, and his equation of the threatened filibuster to the actions of Bully Brooks is irresponsible rhetorical excess (Of Many Things, 1/5). Mr. Estrada holds pro-life views, and the Senate Democrats uniformly oppose such views, to their shame. But over 160 Bush nominees with similar views have been confirmed.

What sets Estrada apart is his history as an ideological operative, well known to people on Capitol Hill. Estrada has long cast common cause with Solicitor General Ted Olson, perhaps the most bellicose and divisive figure in today’s coarse political climate. Again and again he has proven himself to serve the cause by doing what is necessary, including being placed on Justice Kennedy’s staff to ensure ideological orthodoxy by all means necessary.

We can debate the morality of such political operatives; certainly they are not unknown in history, and they can be found on both sides of the aisle. But their place is in the political arena, not the judiciary. Estrada has too much political blood on his hands to merit the honor and responsibility of being a judge on the District of Columbia Circuit.

Moreover, this place on the court was preserved from being filled by Clinton appointees by underhanded tactics that have not been forgotten, nor should they be. Forgiveness is a Christian virtue, but it is rarely observed in politics; and the responsibility to practice it should not be placed upon only one of the combatants. Mr. Olson was confirmed as solicitor general despite his sordid past at the direction of Senator Tom Daschle, the Senate minority leader, as a show of good faith. That olive branch has been returned as a club, repeatedly. The confirmation of Mr. Estrada would be just another victory for such tactics, to the detriment of our republic.

Rick Fueyo