NOW Encouraged by Estrada Withdrawal, Urges Senators to Filibuster Extremist Nominees

September 4, 2003

"Miguel Estrada did the right thing," said National Organization for Women (NOW) President Kim Gandy after Estrada withdrew his name from nomination for a plum spot on the federal appeals court. "NOW and other supporters of a fair and independent judiciary applaud the senators who held strong in their commitment to keep a bad nominee off the federal bench."

Estrada, a contender for the U.S. Court of Appeals for the District of Columbia was one of several controversial nominees put forward by George W. Bush. Estrada has been compared to Supreme Court Justice Antonin Scalia, a vocal opponent of abortion rights, because of his extremist views, and both Estrada and the Bush administration were criticized for refusing to release information about Estrada's record while at the Justice Department.

"Through the filibuster, senators can ensure that a controversial nomination does not go forward without the support of at least 60 of the 100 senators," said Gandy. Earlier this year the Senate rejected (54 to 43) a sixth effort to move Estrada's nomination. "For a lifetime appointment of such a controversial nominee to such a key court, 60 votes is a reasonable threshold—and we urge senators to hold every questionable nominee to this standard.

"Democratic senators opposed to Estrada's nomination sustained a filibuster against him for several months. This is a huge victory," Gandy said. "Two years ago it was hard to find anyone in Washington who would touch the f-word—filibuster. But as the Bush Administration continues its relentless campaign to hijack the federal courts with right-wing nominees, the tide has started to turn. And because these senators stuck to their principles and held the line, Estrada was forced to back down. This, in essence, is democracy in action."

"We urge all senators who are committed to a fair judiciary to hold strong in their determination to filibuster, thereby requiring any extremist nominee to achieve at least 60 senate votes—a reasonable standard than any mainstream nominee will easily meet," concluded Gandy.

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