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"And ye shall know the truth, and the truth shall make you free." - John 8:32
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Author:  Michael J. Gaynor
Bio: Michael J. Gaynor
Date:  July 13, 2006
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Senate: Vote Judge Boyle Up Or Down Before Leaving Town
Part 1 of 2

The United States Senate is planning a lengthy August recess. But, during the 109th Congress, the Senate has confirmed only 46 judicial nominees. Democrat obstructionism and Republican tolerance of it are to blame for this dismal performance.

The United States Senate is planning a lengthy August recess. But, during the 109th Congress, the Senate has confirmed only 46 judicial nominees. Democrat obstructionism and Republican tolerance of it are to blame for this dismal performance.

The Third Branch Conference, a nationwide coalition of grasstops leaders working to improve the federal courts, pointed out how dismal the performance of the current Senate is: "By comparison, the 107th [Congress] confirmed 100 [judges]under Democrat control, the 108th confirmed 104. In the 103rd Congress, when the Senate last confirmed two Supreme Court justices (Breyer and Ginsburg), Democrats also confirmed 127 other Clinton judges."

The Third Branch Conference and the Judicial Confirmation Network (www.judicialnetwork.com), a national citizens' organization that "works to ensure that the confirmation process for all judicial nominees is fair and that every nominee sent to the full Senate receives an up or down vote," have been (1) working to solve the underlying problem: disrespect for the procedure prescribed in the Constitution by which the President alone makes nomination and a presidential nominee is to be approved (or not) by a simple majority of Senators voting; (2) urging timely Senate action on all judicial nominees; and (3) calling particular attention to the denial to date of Judge Terrence Boyle's right to an up-or-down vote on his long pending nomination. (Judge Boyle is the longest waiting judicial nominee in history, having been nominated in May 2001 and his nomination having been on the Senate floor for more than a year.)

Manuel Miranda. chairman of the Third Branch Conference and former nominations counsel to Senator Frist, did not mince words: "One solid circuit court confirmation this year is not an accomplishment. The Senate must give an honest, up or down vote to Judge Terrence Boyle, William Myers and Jim Haynes just as Leader Frist has promised for all."

The Senate needs to be spurred to action. Distinguished jurists like Judge Terrence Boyle (up for confirmation to the United States Court of Appeals for the Fourth Circuit for what sems like forever) do not deserve to be slurred and stalled as a result of a willful minority's dissatisfaction. If inaction continues, President Bush should call the Senate back into session for the purpose.

In the absence of a good reason to oppose Judge Boyle, his opponents have resorted to the usual tactics of the scoundrel: character assassination and record distortion.

Judge Boyle has done what a sitting judge can do in his circumstances: respond in less than two weeks to a joint letter from Senator Bill Frist, the Majority Leader, and Senator Arlen Specter, the Chairman of the Senate Judiciary Committe, that should have been sent months ago, but, thankfully, finally was sent.

The text of Judge Boyle's powerful (and poignant) letter follows.

Give that Judge JUSTICE!

Mr. Miranda has succinctly stated the general problem, the practical solution, and the proper political consequence for continued obstructionism: "Today [President] George Bush's confirmation rate (70%) for circuit judges is the lowest of any president. The circuit courts stands at 10% vacancy rate. And yet the Senate walks slowly. Leader Frist must end the silent filibusters in the 22 days he has left, and if he is obstructed, then the vote that matters must be the one in November when the people decide."

Amen.

Michael J. Gaynor

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Biography - Michael J. Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member.

Gaynor graduated magna cum laude, with Honors in Social Science, from Hofstra University's New College, and received his J.D. degree from St. John's Law School, where he won the American Jurisprudence Award in Evidence and served as an editor of the Law Review and the St. Thomas More Institute for Legal Research. He wrote on the Pentagon Papers case for the Review and obscenity law for The Catholic Lawyer and edited the Law Review's commentary on significant developments in New York law.

The day after graduating, Gaynor joined the Fulton firm, where he focused on litigation and corporate law. In 1997 Gaynor and Emily Bass formed Gaynor & Bass and then conducted a general legal practice, emphasizing litigation, and represented corporations, individuals and a New York City labor union. Notably, Gaynor & Bass prevailed in the Second Circuit in a seminal copyright infringement case, Tasini v. New York Times, against newspaper and magazine publishers and Lexis-Nexis. The U.S. Supreme Court affirmed, 7 to 2, holding that the copyrights of freelance writers had been infringed when their work was put online without permission or compensation.

Gaynor currently contributes regularly to www.MichNews.com, www.RenewAmerica.com, www.WebCommentary.com, www.PostChronicle.com and www.therealitycheck.org and has contributed to many other websites. He has written extensively on political and religious issues, notably the Terry Schiavo case, the Duke "no rape" case, ACORN and canon law, and appeared as a guest on television and radio. He was acknowledged in Until Proven Innocent, by Stuart Taylor and KC Johnson, and Culture of Corruption, by Michelle Malkin. He appeared on "Your World With Cavuto" to promote an eBay boycott that he initiated and "The World Over With Raymond Arroyo" (EWTN) to discuss the legal implications of the Schiavo case. On October 22, 2008, Gaynor was the first to report that The New York Times had killed an Obama/ACORN expose on which a Times reporter had been working with ACORN whistleblower Anita MonCrief.

Gaynor's email address is gaynormike@aol.com.


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