Patricia Millett is unquestionably qualified to be the next judge on the DC Circuit. The Senate will soon vote to end debate on her nomination and I hope that the rank partisanship that shut down our Government earlier this month will not be on display again with this upcoming vote. I hope the moderates who prided themselves in finding a solution to the shutdown will agree that Ms. Millett is an extraordinary nominee who should not be filibustered. Over the last few weeks, I have heard those who want to filibuster Ms. Millett make some unfounded claims to justify their partisan agenda. First they asserted that the President is somehow packing the court by nominating judges to vacant seats. No student of history can honestly say that nominating candidates to existing vacancies is court-packing. Next, they claimed that because the last of President Bush's nominees to this court was not confirmed, Ms. Millett should be filibustered as payback. These partisans fail to note that by the time Peter Keisler was nominated, four of President Bush's nominees to the DC Circuit had been confirmed. Only one of President Obama's nominees to this court has been confirmed and another has been filibustered. Mr. Keisler was nominated to the 11th seat on the DC Circuit--and would have marked the fifth time a President Bush nominee was confirmed the court and the second time a Bush nominee was confirmed to be the 11th judge on the court.…
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