Battle Joined on Fourth Circuit Nominee

Bethesdan Rod Rosenstein, the U.S. Attorney for Maryland, has been nominated for a Maryland seat on the Fourth Circuit Court of Appeals. The Fourth Circuit has long been seen as the most conservative in the federal judiciary. Judicial appointees have become highly partisan and controversial and the Fourth Circuit currently has only 10 of the 15 judgeships are currently filled. However, staunch opposition by Maryland's two Democratic senators promises to torpedo any chance of Rosenstein being confirmed by the Senate:

Maryland's senators exercise virtual veto power over a nomination from their state, and they have criticized Rosenstein's dearth of legal experience in the state and his lack of strong Maryland roots. They also bemoaned the inability to settle on a compromise candidate with the White House.

"Rod Rosenstein is doing a good job as the U.S. attorney in Maryland, and that's where we need him. He plays a vital role in fighting crime and protecting our communities in Maryland," Sen. Barbara A. Mikulski said in a statement. "In the twilight of the Bush administration, we don't need an acting U.S. attorney in Maryland. In light of the mismanagement of the Bush administration Justice Department, we cannot risk another vacancy."

In the joint statement, Sen. Benjamin L. Cardin added: "I regret that the White House did not listen to our recommendations to keep Rod Rosenstein as U.S. attorney. We had had hoped to work with the administration to find a consensus candidate for the 4th Circuit Court of Appeals with deep roots in the Maryland legal community."

Praised for his effective stewardship of about 70 federal prosecutors in Baltimore and Greenbelt, Rosenstein - who remains in the post during the confirmation process - is nonetheless likely to see his nomination wither without the support of Mikulski and Cardin, said one longtime court watcher.

"It's extremely unlikely that he'll be confirmed," said Carl Tobias, a law professor at the University of Richmond.

President Bush, long famed for his bipartisan approach, attacked the Senate in response as he continued his tradition in speaking only to groups inside the bubble by giving an address to the conservative Federalist Society:

"The Senate is no longer asking the right question, whether a nominee is someone who will uphold our Constitution and laws," he said in excerpts of a speech he was to deliver last night to the Federalist Society, a conservative group that emphasizes legal matters.

"Instead, nominees are asked to guarantee specific outcomes of cases that might come before the court," he said. "If they refuse - as they should - they often find their nomination ends up in limbo instead of on the Senate floor."

Not all Democrats agree with Mikulski and Cardin's approach. Montgomery State's Attorney John McCarthy supports the nomination:

"I think he is a phenomenal nominee," said Montgomery County State's Attorney John McCarthy, who lauded Rosenstein's efforts to reach out to local prosecutors' offices. "I think he has done an extraordinarily fine job as U.S. attorney, uniformly respected by prosecutors and defense attorneys alike."

And Mikulski did support him for the post of U.S. Attorney. Of course, supporting someone for a temporary post as prosecutor is different than a lifetime appointment to the federal circuit court overseeing Maryland. No doubt our two liberal senators do not relish the idea of solidfying conservative control of this court for many more years. Rosenstein is only 42 and could easily spend decades on the court.