http://policy.house.gov/2005_calendar/may.cfmMay 9, 2001
President George
W. Bush nominates Miguel Estrada to be first Hispanic to serve on U.S. Court of Appeals for D.C. Circuit; Democrats in Senate successfully filibuster nomination
http://www.pfaw.org/pfaw/general/default.aspx?oid=10311Estrada’s silence on fundamental constitutional questions is part of an apparent strategy carefully calculated to prevent nominees’ extremist views from becoming known before they are confirmed for lifetime positions on our highest courts. Federalist Society members have been advised not to answer such questions, and have been told that such a stonewalling strategy worked well for Supreme Court Justice Antonin Scalia. Administration officials have reportedly instructed nominees not to discuss any past or present court rulings about which they have not previously expressed their views in writing.
In addition, the administration has refused to release memos Estrada wrote at the Justice Department that could provide senators with additional information with which to evaluate his nomination. The Bush administration and its allies have frequently asserted that Democratic senators have no right to memos Estrada prepared while working in the Solicitor General’s office, claiming that a demand for such information is inappropriate, unethical, and unprecedented. In fact, the administration is trying to create a completely new policy of executive privilege, a policy that has no precedent and no legal standing. Estrada himself has told senators that he would be willing to provide senators with those memos and to discuss them but the Bush administration refuses to permit their release.