Fight leaves judgeships in limbo

By Sara Burnett, Rocky Mountain News (Contact)

Published September 4, 2008 at 12:05 a.m.

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The staring match over federal judgeships continued Wednesday between Colorado's two senators, with Sen. Ken Salazar saying he would block the confirmation hearing of a Republican nominee and Sen. Wayne Allard holding out on approving a Salazar pick.

The fight leaves open the possibility that only one, or none, of the three nominees could be confirmed before the Senate adjourns, leaving Colorado's federal bench short-handed indefinitely.

President Bush nominated three people to the lifetime posts: Democrat Christine Arguello and Republicans Philip Brimmer and Gregory Goldberg.

Arguello, legal counsel at the University of Colorado, is a former Salazar staffer. Brimmer is an assistant U.S. attorney, while Goldberg was an assistant U.S. attorney before entering private practice.

Salazar, a Democrat, asked the Democratic-controlled Senate Judiciary Committee on Tuesday to hold hearings next week on Arguello and Goldberg, whose names he recommended to the White House. Salazar's spokesman said he plans to block a hearing for Brimmer because he was not recommended by a bipartisan commission that Salazar named.

A spokesman for Allard, a Republican, called that reasoning ridiculous Wednesday, and accused Salazar of playing politics.

Spokesman Steve Wymer also noted that the American Bar Association, which reviews all nominees, rated Brimmer as "well qualified," its highest rating. Goldberg and Arguello were rated "qualified."

Brimmer also has the support of Gov. Bill Ritter and Denver District Attorney Mitch Morrissey - both Democrats - as well as Republican U.S. Attorney for Colorado Troy Eid.

"Phil Brimmer's endorsed by everybody and their dog," Wymer said. "What's the problem here?"

Wymer said that Allard is focusing on getting a hearing next week for all three. However, Allard has so far turned in "blue slips" - a form signifying that a nominee has the approval of the home state senators - only for Brimmer and Goldberg.

Asked if Allard would withhold support for Arguello as bargaining power for a Brimmer hearing, Wymer declined to speculate: "We are refusing to imagine such a horrible situation."

Salazar has submitted blue slips only for Goldberg and Arguello. He doesn't plan to submit one for Brimmer, spokesman Matt Lee-Ashley said.

Erica Chabot, press secretary for Sen. Patrick Leahy, chairman of the Senate Judiciary Committee, said that no hearing will be scheduled for any nominee until the committee receives blue slips from both home-state senators.

As of Wednesday, that meant only Goldberg would be eligible for a hearing next Tuesday, when the committee is next scheduled to meet. No hearing on his confirmation has been scheduled, Chabot said.

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