Posted on: Saturday, January 1, 2005

EDITORIAL
Gamesmanship is harming U.S. judiciary

There are ominous signs the White House and Democrats in the U.S. Senate are headed toward another political standoff that will further disrupt our justice system.

It shouldn't be this way.

Sadly, collateral damage of this dispute might include the proposed appointment of federal prosecutor J. Michael Seabright to the already short-handed U.S. District Court in Honolulu.

The root cause of this problem is the death of a system of civility, in which the Senate usually conceded to the executive on appointments while the president would prescreen potential nominees to ensure they were at least minimally acceptable.

That system has broken down, although the bulk of nominees still get approved, even when the presidency is held by one party and the Senate by another.

But rather than reaching for compromise, the White House seems determined to pick a fight in the upcoming term. Seven of the 12 nominees President Bush intends to send to the Senate were rejected last term after Democrats complained their political views were too far from the mainstream.

The unfortunate temptation on the part of the Democrats, then, will be to filibuster all nominations.

Among those who must not be lost in this fight is Seabright, who has received the endorsement of both Hawai'i senators as well as the Hawai'i state and American bar associations.