Bush’s Judicial Nominees Who Wanted No Federal Protections for Birds Withdraw Nominations

This is a prime example of why and how politics matters.

The Democratic Party's victory in taking back control of the United States Senate has already produced benefits for the nation’s birds, according to the wildlife activist group Birder's United.

President Bush nominated William G. Myers III, an arch anti-environmentalist, to a lifetime judicial appointment on the Ninth Circuit Court of Appeals May 15, 2003. Myers, an Eagle Scout who has spent 180 days over the past 15 years as a National Park Service volunteer, nevertheless contended that the federal Clean Water Act and Endangered Species Act were unconstitutional.

In a straight party line vote, in 2004, Myers’ nomination was sent to the Senate floor. But Senate Democratic leaders were able to block the nomination using the cloture rule which requires 60 votes. Myers received 53 votes in favor of his nomination.

Now with the Senate in Democratic hands, the Myers nomination has no chance. On January 9, Myers asked the president to withdraw his name from consideration.

Then, in September 2003, President Bush nominated William J. Haynes II to a key judicial seat on the Fourth Circuit Court of Appeals.

As a Harvard-trained lawyer for the Department of Defense, Haynes argued that the bombing of an island in the Marianas, an important haven for many rare species of birds, would actually be beneficial for bird watchers. Haynes and his team of Defense Department attorneys contended that the bombing would disperse the birds to other islands so many more people would be able to see the rare species.

Since his nomination was doomed as well, Haynes has asked the president to withdraw his name from consideration.

So you see, politics and policy do matter, for the welfare of birds as well as people.