Somebody has to nominate federal judges. Under our Constitution, the president holds that responsibility, and the Senate, acting as a check, determines whether that nominee is indeed suitable for the job. Ideally, the decision should be based overwhelmingly on qualifications and character.

Unfortunately, the Senate (including both parties) in recent years has been steadily usurping presidential authority in this area, seeking in effect to become co-president in choosing nominees. In the past, a certain degree of civility and maturity prevailed. Politicians played reasonably well together in the sandbox, realizing: “Okay, your party has the White House now, but ours will get it back and then have its turn to make nominations.”

No more. By seeking to dictate who may serve on purely partisan grounds, the Senate runs the grave risk of leaving judgeships unfilled and holding hostage the administration of justice.

Two important local federal judgeships on the U.S. District Court in Providence and U.S. Circuit Court of Appeals (a seat long held by a Rhode Islander) have gone unfilled for 10 months.

That’s already an unfortunate delay. But Sen. Sheldon Whitehouse (D.-R.I.) argued recently that it’s too late for the Bush administration to make these appointments. That means the vacancies would have to wait until well after a new president gets sworn in — in 2009!

“There has been zero meaningful discussion between the White House and the Senate on these appointments,” he complained.

Such a stand, unfortunately, puts politics ahead of justice.

Former Appeals Court Judge Bruce Selya, a Reagan appointee who left full-time service 10 months ago to create one of the vacancies, made some good points about this political brinksmanship.

“I’m really very disappointed in the senator’s remarks. This is not a political game. The courts and the country and the state need these judges, and the question ought to be not who makes these nominations but the quality of the nominees,” he said.

Judge Selya added: “If this president or any future president nominates a first-class person, then that man or woman deserves to be considered on the merits and not held up because someone is waiting for some kind of political accommodation to be made.”

Well put. It is time to rise above partisanship and fill these crucial positions, not to wait for years more to pass.