Republicans Are Forgetting Who Secured Judge Bolton's Seat

July 29, 2010 12:15 pm ET — Melinda Warner

From Playboy

While numerous Republicans have issued statements decrying Judge Bolton's decision yesterday to put a hold on parts of Arizona's anti-immigrant law, and implying that it is a Democratic conspiracy to stop legislation that Americans want (in reality, Americans want comprehensive immigration reform more than they want Arizona-type bills in their states), they have forgotten exactly how she became a federal judge.

Even though she was appointed under President Clinton, it was Republicans in Congress — not Democrats — who pushed through her confirmation.  The Washington Times reported in 2000 (via LexisNexis):

Sen. James M. Inhofe, Oklahoma Republican, placed a hold last week on any new judicial nominations in response to Mr. Clinton's appointment of 17 nominees to the judiciary while Congress was in recess. However, Mr. Inhofe allowed four nominations to go forward at the request of Arizona Republican Sen. Jon Kyl, Mr. Inhofe's spokesman said. Three of the four nominees are in Arizona...Mary Murgia, who would be the first Hispanic woman on the federal bench in Arizona. The other nominees are Susan Bolton and James A. Teilborg of Arizona and Michael Joseph Reagan of Illinois.

Judge Bolton has proven Sen. Kyl right when, during her confirmation hearing, he said: "Well, there is one person in our state who's a real expert on this in the judiciary, and that's Judge Bolton."  Kyl went on the say he supported her nomination "because of her expertise and fairness." Because she does, in fact, rule fairly on the immigration-related cases that come before her:

Susan Bolton sentenced a Mexican smuggler to 16 years in prison for leading 14 illegal immigrants to their death in the broiling Arizona desert.

She decided in 2002 that Border Patrol officials had legal immunity and couldn't be sued for their part in a 1997 immigrant roundup that led to 430 arrests and drew complaints that Hispanics who were U.S. citizens were harassed because of their appearance.

By all accounts, Judge Bolton is a thoughtful, competent judge who issues rulings only after careful review.  In the instance of SB 1070, though, Republicans are throwing out her record because they don't like the decision her "expertise and fairness" produced.

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