Cord Byrd: “I daresay that each of us has received an enormous amount of correspondence about the nomination of Senator John…”

“I daresay that each of us has received an enormous amount of correspondence about the nomination of Senator John Ashcroft to be Attorney General of the United States. The favorable correspondence tends to emphasize support for the Senator's policy priorities and appreciation of his reputation for honesty and integrity. The unfavorable correspondence tends to emphasize concern about the Senator's policy priorities and disapproval of the standards he applied, as Senator, to the disposition of Presidential nominations. We must begin by deliberating on the standard to be applied to confirmation decisions. The Constitution merely states that the President shall appoint public ministers with the 'advice and consent' of the Senate. This is not a specific standard, nor even a mandate to review particular features of a nominee's background or capabilities. Rather, we are enjoined to employ our judgment, a faculty which--however much we may lament it--focuses on different factors in considering nominees for different public offices and varies its approach in response to the needs of the times. Thus, when it comes to our duty to provide advice and consent on cabinet nominations, we are plainly in an area where reasonable minds can differ, not only about the criteria, but even about the proper result given particular criteria. No amount of pressure politics--and no slickly packaged talking points--can alter this fundamental fact.”