MARY CLARE JALONICK Associated Press writer | Posted: Monday, August 11, 2008 12:00 am
WASHINGTON - Wyoming's Richard Honaker may never become a federal judge.
The Rock Springs lawyer was first nominated by President Bush to become a U.S. district judge 17 months ago, but the Senate Judiciary Committee has held up his confirmation as abortion rights groups have furiously lobbied against him.
As Bush enters the final five months of his presidency, there's no indication that Honaker's nomination - controversial from the start - is going anywhere.
In his days as a Wyoming state representative in the early 1990s, Honaker sponsored legislation called the "Human Life Protection Act" that ultimately failed. Had it become law, it would have outlawed abortions in Wyoming except in cases where a mother's health was in jeopardy, or in cases of rape or incest.
Abortion groups, who have rallied against Honaker since he was first nominated, say they're cautiously optimistic.
"Pro-choice Americans sent thousands of messages to senators calling on them to stop another anti-choice Bush nominee from getting lifetime employment at taxpayer expense," Nancy Keenan, president of NARAL Pro-Choice America, said in a statement last week. "We will continue to monitor this nomination. It's positive that the Honaker nomination hasn't moved forward, but we won't take anything for granted."
In a July 31 letter, Wyoming Republican Sens. Mike Enzi and John Barrasso urged leaders of the Senate Judiciary Committee to move the nomination. They noted that Honaker has bipartisan support in Wyoming and called him a "fair individual."
"While some groups suggest that Mr. Honaker is a one-issue ideologue, we can assure you that such is not the case," the senators wrote. "Mr. Honaker will serve Wyoming and our country with distinction and he deserves prompt consideration by the Senate Judiciary Committee."
Honaker did not return calls for comment.
No recess appointments
Democratic maneuvering has proved to be another obstacle to the nomination's progress, as the majority party has decided to keep the Senate in session over the five-week August break so Bush can't make what are known as recess appointments.
The Constitution allows the president to make temporary recess appointments when the Senate is out. But as part of an ongoing dispute with Bush over nominations, Democratic senators are convening every few days over the August hiatus to prevent Bush from making the appointments.
The Judiciary panel held a hearing on Honaker's nomination in February, almost a year after he was nominated. In a statement at the hearing, Senate Judiciary Chairman Patrick Leahy, D-Vt., said he was holding the hearing because he had committed to Enzi that he would do so, "despite the controversy this nomination has generated."
At the hearing, Honaker responded to tough questions from senators about his thoughts on the landmark Roe v. Wade ruling of 1973 that established a right to abortion.
"The spirit of that case is the right to privacy and I recognize the right to privacy," Honaker said at the time.
Push by Enzi, Barrasso
At that hearing, Enzi and Barrasso pushed the committee to move quickly on the nomination. But California Sen. Dianne Feinstein, a senior Democratic member of the panel, indicated it might not happen quickly. She said she wasn't satisfied with Honaker's answers but declined to comment further.
"There's a lot of work to be done," she said then. "It takes some time."
A spokesman for Leahy declined to say whether the senator supports Honaker. She said that all nominations moving through the committee will need the approval of Leahy, Pennsylvania Sen. Arlen Specter, Senate Majority Leader Harry Reid, D-Nev., and Senate Minority Leader Mitch McConnell, R-Ky. Specter is the top Republican on the panel.
Spokespeople for McConnell and Specter said the two Republicans support Honaker's nomination, while a spokesman for Reid said he had no comment.
A Harvard graduate who received his law degree from the University of Wyoming, Honaker is former president of the Wyoming State Bar, a former state public defender and has served on several committees appointed by the Wyoming Supreme Court. He currently operates a law practice in Rock Springs.
The late Sen. Craig Thomas, a Republican who died in June 2007 and was eventually replaced by Barrasso, had forwarded Honaker's name to the White House to recommend him for the federal judge position. If confirmed, he would take over the federal judgeship vacated by U.S. Judge Clarence Brimmer's move to senior status.