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UPI's Capital Comment for May 7, 2003

WASHINGTON, May 7 (UPI) -- Capital Comment -- Daily news notes, political rumors, and important events that shape politics and public policy in Washington and the world from United Press International.

Judge for yourself...

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New York Sen. Chuck Schumer's proposal for fixing the broken judicial confirmation process was coolly received by the White House if a response sent by White House Counsel Alberto Gonzales is any indication.

Democrat Schumer, one of the leaders of the Senate filibuster against two pending Bush judicial appointments, wrote to President George W. Bush proposing a new system for selecting federal judges.

Under the Schumer plan, the president and the Senate leader of the opposition party would select the members of citizen judicial nominating commissions in each state and for each federal circuit. The commissions would select one nominee for each judicial vacancy.

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The president would then be required to nominate the commission's selection and the Senate would be required to confirm that individual, absent evidence that the candidate is unfit for judicial service.

Responding for the president, Gonzales wrote, "We appreciate and share your stated goal of repairing the 'broken' judicial confirmation process and the 'vicious cycle' of 'delayed' Senate nominees."

He goes on to say that, "We respectfully disagree with your proposal as inconsistent with the Constitution, with the history and traditions of the nation's federal judicial appointments process, and with the soundest approach for appointment of highly qualified federal judges, as the Founders determined."

Thanking Schumer for his interest in fixing the process, Gonzales concludes the letter by saying, "The president believes that the fix is for the Senate to exercise its constitutional responsibility and ensure that every judicial nominee receives an up-or-down Senate vote within a reasonable time after nomination, no matter who is President or which party controls the Senate." So much for good intentions.


New Mexico, new chairman...

New Mexico Republican Chairman John Dendahl, leader of the party since 1994, has lost his bid for another two-year term. The new chairman, state Sen. Ramsay Gorham, won the top job in a 197-to-156 vote of the state GOP central committee. Dendahl blamed his loss on Gorham's ability to raise money and to generate support from all the Republicans in the state "who didn't like me." Gorham says her first order of business is to put an end to party infighting, presenting a unified front to the Democrats.

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Growing alliance...

On Wednesday, the United States Senate is set to begin consideration of Treaty Document 108-04, as pertains to the North Atlantic Treaty Organization.

More commonly known as the NATO expansion legislation, the resolution of ratification was recommended for approval by the full Senate by a 19-to-0 vote of the Senate Foreign Relations Committee on April 30. The revision to the 1949 NATO protocols would expand the organizations membership to include Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia and Slovenia. The four hours of debate currently scheduled for Wednesday is expected to include an amendment by Sens. John Warner, R-Va., Carl Levin, D-Mich., and Pat Roberts, R-Kan., that requires the president to place on the agenda of the North Atlantic Council "the issues of consensus rule and establishing a process for suspending the membership in NATO of a member country that fails to hold the principles of NATO." All 19 of the current NATO members must approve the addition of the new nations to the alliance. To date, only Canada and Norway have ratified the amended treaty.


Helping health care...

A new study by the Congressional Joint Economic Committee finds that the shortcomings in the medical liability system have driven up health insurance premiums and reduced access to medical care. The report, Liability for Medical Malpractice: Issues and Evidence, was released Tuesday by committee Vice-Chairman U.S. Rep. Jim Saxton, R-N.J.

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"The United States health care system offers the best quality care in the world," Saxton said. "It is therefore dismaying to see the consequences of exploding malpractice insurance costs. The typical jury award in medical malpractice cases is now $1 million. As a result, doctors are being driven out of medical care or are limiting their services. Hospital emergency rooms are often threatened with closure, and sometimes actually close due to the high cost of malpractice insurance. And low-income households are finding health insurance increasingly unaffordable."

Among the study's key findings is that the lawsuit-based tort system for medical malpractice currently fails to achieve either of its goals. First, the system fails to provide compensation to the right people, as most malpractice claims are not tied to a negligent injury and most victims of negligent injuries never file a claim. Second, the tort system does not consistently punish negligent doctors.

(Got an item for Capital Comment? E-mail it to [email protected].)

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