Texas Supreme Court justice and former Houston lawyer Priscilla Owen‘s nomination to the Fifth Circuit Court of Appeals in New Orleans will finally reach debate on the Senate floor today. This Washington Post article provides a good summary of how the Republicans intend to use the expected Democratic filibuster over Justice Owen’s nomination to force a vote on the nomination with a simple majority instead of the three-fifths majority that is currently required under Senate rules.
Politics aside, it’s unfortunate that Justice Owen’s nomination has become a political football in the Congressional battle over the President’s proposed judicial selections. In reality, she is precisely the type of talent that our nation needs in the federal appellate courts. She was a law-review editor at Baylor Law School and the top graduate from that school at the ripe old age of 23. After posting the top score on the Texas bar exam, she entered private practice with Andrews & Kurth in Houston where she became a partner and developed an excellent reputation as a litigator in oil and gas law over a 17 year period. Since entering the judiciary, Justice Owen has served on the Texas Supreme Court for the past 10 years, where — during her last election to that court — she was supported by a larger percentage of Texans than any of her colleagues and enjoyed the endorsement of every major Texas newspaper. She has received the highest rating possible ? a unanimous “well qualified” ? from the American Bar Association, which is certainly no bastion of Republican Party politics. Thus, under normal circumstances, the Senate would confirm Justice Owen’s nomination in a heartbeat and without reservation.
Alas, these are not normal times. Jack Balkin makes the political case against Justice Owen’s nomination, but — as has been far too often the case in recent years — the Democrats are not picking their spots wisely. While the Democrats’ argument has merit when applied to judicial nominees of dubious quality, it falls flat when used to oppose candidates of the quality of Priscilla Owens.