Editor's Letter
Righting A Wrong
S
he waited 11 long years, victimized by partisan poli-
tics. But Michigan Court of Appeals/First District
Judge Helene White finally can set her sights on the
federal appellate court judgeship she has coveted since first
nominated by President Bill Clinton in 1997.
Thanks to a deal by Michigan's two Democratic senators
and the Bush administration, White's
latest bid to gain Senate confirmation
to the U.S. Court of Appeals/Sixth
Circuit is a virtual slam-dunk. The
Cincinnati-based court hears cases
from four Midwest states: Michigan,
Ohio, Kentucky and
Tennessee.
I couldn't be hap-
pier for White, 53,
a member of the
Jewish Federation
of Metropolitan
Detroit's Board of Governors. She's one of
the judicial world's most respected jurists.
And the credentials of the University of
Pennsylvania Law School graduate are
impeccable.
That White didn't make a ruckus over the
hardball played with her nomination attests
to her patience, perseverance and savvy. She Judge White
figured that if it were meant to be, her time
would come.
And it has.
White's lifetime appointment will be the first for a Jew to
the Sixth Circuit in more than 50 years, since Charles Simons.
On the White House Web site, Bush calls White "an experi-
enced and highly qualified judge, who is known for her intel-
lect, work ethic and demeanor."
He adds, "Judge White has a distinguished record serving as
a judge in the state of Michigan for over
25 years:'
That's high praise by a Republican
president for a nominee supported
by two Democratic senators. White
is a member of the Michigan Court
of Appeals Rules Committee and the
American Bar Association's Judicial
Administration Division. She is on the
board of JVS, the American Jewish Committee and COTS
(Coalition on Temporary Shelter) among other local organiza-
tions.
hostage. How fair was that from a senator elected to represent
our nation's best interests? Abraham also stalled action on
another Clinton appellate court nominee: Detroit attorney
Kathleen McCree Lewis, who died last year.
I appreciate a good political fight. But using a judicial seat
as a political pawn indefinitely smacks of pettiness. From a
crude perspective, Abraham's gambit worked. He left White's
and Lewis' nominations in limbo in hopes that a Republican
became president in 2000. Once elected, George W. Bush with-
drew their nominations.
White never had the courtesy of receiving a confirmation
hearing for the last four years of Clinton's presidency, one of
the longest periods of wrangling over a federal
appellate judgeship ever.
Michigan Democratic Sens. Carl Levin and
Debbie Stabenow upped the pressure on Bush
by stifling several of his federal court appoint-
ments. The partisan fisticuffs kept the Sixth
Circuit short two judges despite a growing case
backlog. The Judicial Conference of the United
States declared the standoff a judicial emer-
gency. The court now has 14 active judges, eight
senior jurists and two vacancies.
A Shifting Tide
To open the federal appellate court docket to
White, the White House withdrew the nomina-
tion of U.S. Attorney Stephen Murphy of Detroit
and instead nominated him to the Detroit-based U.S. District
Court for Michigan's Eastern District. For their part, Levin
and Stabenow agreed to back the Bush nomination of Troy
attorney Raymond Kethledge to the Sixth Circuit. Bush first
tried to appoint him in 2005.
So Bush can chalk up two lifetime judicial appointments
for two solid conservatives as his presidency winds down.
Meanwhile, in a joint statement, Levin and Stabenow said:
"We are pleased that, after so many
years of delay and frustration,
a new willingness by the White
House to engage in meaningful
consultations with us has resulted
in nominees who will hopefully
have strong bipartisan support in
the Senate'
White is married to Levin's cous-
in, Charles Levin, a former Michigan Supreme Court justice.
The Senate Judiciary Committee, chaired by Vermont Sen.
Patrick Leahy, soon will set confirmation hearings for White,
Murphy and Kethledge. There are no red flags, signaling a
smooth path to full Senate approval.
U.S. Appellate Court Judge Helene White — the title is a
long time coming. But the people of the Sixth Circuit will find
the wait well worth it.
She'll make Michigan proud. ❑
Helene Whi to is one of
the judicial world's most
respected ju rists.
Shameless Sniping
The Republican Party's treatment of White, politically speak-
ing, was a travesty of justice, especially because the post she
would have filled when first nominated had been open for two
years.
A Detroit resident, White has been a state appellate judge
since 1993. She previously served as a 36th District Court of
Michigan judge in Detroit and a Wayne County Circuit Court
judge. Even former Sen. Spencer Abraham, R-Mich., conceded
her strong qualifications back in the 1990s. He shamelessly
blocked her nomination by not offering a recommendation
after acknowledging it. He was upset over not being consulted
by the Clinton administration. He thus held White a political
0
•
W
Should senators be able to prevent a
confirmation hearing for federal nominations?
1— 0
Z Z How important is it to have high-quality
o Jewish representation on the Sixth Circuit?
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a.
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April 24 2008
A5