PEOPLE FOR BLOG

PFAW Foundation Submits Amicus Brief in Critical Voting Rights Case

Yesterday, People For the American Way Foundation , on behalf of its Young People For program, joined with Demos and several other civil rights groups to submit an amicus brief to the Supreme Court urging it to reject a new requirement in Arizona that requires people to show certain documents proving citizenship when they register to vote. As Demos explains in its press release about the brief, this requirement could severely hamper grassroots voter registration efforts:

The brief filed today details the real-world negative impact that Arizona’s extreme documentation requirements have on the ability of community-based voter registration organizations to register eligible citizens to vote, particularly through registration drives.  Proposition 200 requires that a potential registrant produce a post-1996 Arizona driver’s license, a current U.S. passport, a birth certificate, naturalization documents, or selected Bureau of Indian Affairs and tribal identification documents.  Many eligible citizens do not possess these narrow forms of documentation required by the law and, of those who do, many  do not carry them while conducting their daily affairs.  Community-based registration efforts overwhelmingly rely on approaching individuals who did not plan in advance to register at that time or location and who are thus unlikely to be carrying a birth certificate, passport, or other documentation.  Even when a potential registrant does happen to be carrying one of the required documents, logistical hurdles—ranging from an inability to copy documents on the spot to an unwillingness to hand over sensitive identification documents to registration drive volunteers—greatly hinder the ability of community-based organizations to register people in Arizona.  In short, community-based voter registration efforts are made more difficult, less effective, and more expensive as a result of Proposition 200’s citizenship documentation requirements.

The case in question, Arizona v. Inter Tribal Council of Arizona, is one of two critical voting rights cases that the Supreme Court will hear this year. The Court will also be considering a challenge to Section 5 of the Voting Rights Act, which requires states and counties with a history of voting discrimination to get any changes to voting laws pre-cleared by the Justice Department or a federal court before they can go into effect. That law has helped to deflect numerous challenges to voting rights, including in the lead-up to the 2012 election. In fact, the Arizona law at issue in this case is a perfect example of why our federal voting rights protections should be expanded rather than eliminated.

Young People For fellows across the country worked last year to register and get young voters to the polls.

PFAW Foundation

Judiciary Committee Begins New Session with Judicial Nominations

The Senate Judiciary Committee held its first hearing of the 113th Congress this morning, examining a full slate of judicial nominees. Because of the unprecedented obstruction of President Obama's judicial nominees over the past four years, he is the first president in decades who ended his first term with more vacancies than when it began. As Chairman Leahy has noted:

When we could have reduced vacancies below 60 at the end of last year, Senate Republicans balked and, instead, sent 15 nominees who had completed their hearings back to the White House without final action. President Obama is the first President in decades who ended his first term with more vacancies than when it began, and the first since Woodrow Wilson to complete a full first term without having a nominee to the D.C. Circuit confirmed. Throughout his first term judicial vacancies have been historically high for long periods. We need to do better. The Federal judiciary and the American people cannot afford another four years without real progress.

During the hearing, Delaware's Sen. Coons noted the historically high number of vacancies at the start of a second term, nearly three times the number of vacancies at a comparable time in the Bush Administration. Most of these are in district courts, which is where Americans turn to have their day in court even though the Supreme Court gets more public attention.

Connecticut's Sen. Blumenthal noted that many highly qualified individuals are dissuaded from serving the public on the federal bench because what was once a relatively quick and simple confirmation process has been turned into a “marathon” by Senate Republicans.

What these and other leading Democrats recognize is that the needless obstruction of judicial nominees harms the entire country. It is imperative that today's five and all the other pending nominees move promptly through the Senate for confirmation.

Will Senate Republicans continue their first-term policy of obstructing highly every qualified nominee, no matter what? Will they continue to block votes on non-controversial circuit court nominees like Patty Shwartz (eligible for a floor vote since March), Richard Taranto (also blocked since March), William Kayatta (blocked beginning in April), and Robert Bacharach (blocked since June)? Will they continue to demand delays in committee votes for every nominee without reason? Will they continue to include even consensus district court nominations as pawns in their war against all things Obama? We'll have our answer soon.

PFAW

40 Years After Roe, My Personal Fight for Justice

"I am my mother's child. The one she told one day many years ago, as I laid on a hospital table that, 'God did not intend for your life to be like mine!' The forms had been signed, we were in agreement and I was tearfully rolled into the very cold, unfriendly operating room.

"It was 1974, one year after the landmark decision Roe v. Wade legalized abortion. I was fourteen and my mother was twenty-eight, on welfare with five other children. Fourteen at the time of my birth, she was what we now call 'an unwed teen mother.' On this day, at that moment, the decision was not about legislation or white men in suits far away. It was not about the doctor, the nurse, or the technicians. It was just the two of us and God."

I wrote those words, published in In Motion magazine, 15 years ago. I had at that point devoted more than a decade to working with the black church to fight for reproductive rights in my home state of Louisiana and in Washington, making sure that girls and women like me have not only reproductive choice, but reproductive justice -- the choice to determine our own futures and the justice that comes from a system that respects us as human beings with equal dignity and equal rights.

Today, on the 40th anniversary of Roe v. Wade, and after 15 more years of fighting and praying, I see many reasons to celebrate. I am grateful for those who continue to fight for women's rights in the halls in Congress and in front of clinics; to the doctors and medical staff who risk their own safety to care for women in need; to the women who must shut out the noise of politics to make the most personal of decisions; and to the family and friends who stand behind them. Behind an issue that inspires so much venom and shouting, it's easy to forget that there are countless men and women who are quietly fighting for justice on a small, personal scale.

But on the national scale we see a very different picture. In 2012, state legislatures passed 92 laws restricting reproductive justice and many more followed in 2012. Republican presidential candidates and their allies in Congress went after women's right to birth control, claiming that an employer should decide whether a woman's health care covers her contraceptive care. Prominent figures on the right dismissed the wrenching circumstances of women who become pregnant by rape, claiming it wasn't possible or that some rapes are more "legitimate" than others. While so many Americans grappled with their own and their loved ones' decisions with decency and grace, our politicians experienced a crisis of empathy and a deficit of facts.

Particularly galling is the campaign by some far-right groups to promote the idea that legal abortion is a "genocide" of African Americans. This campaign seeks to paint black women as passive victims rather than as fully realized human beings facing real, tough choices. In the process, it has helped to make the political debate about reproductive rights even more about caricatures of women and less about real women.

Polling consistently shows that Americans' personal views of reproductive rights are not always the same as their political views. A recent poll by Planned Parenthood found that 23 percent thought abortion was "morally acceptable" and 40 percent said it "depends on the situation." That "depends" is important -- as has been the case with the LGBT rights, civil rights, paycheck fairness and gun violence prevention movements, sometimes strongly held political opinions must bend when they run up against the real experiences of a real person.

I celebrate 1974 and the start of my "pro-choice, pro-faith" journey. I have hope for the future of reproductive rights. Roe v. Wade still holds in the courts. And last year, as attacks on reproductive rights reached a fever pitch, women across the country rose up with their votes. Women didn't ask our politicians to make the personal political. But we must continue to fight back by making the political personal. This is about choice and it's about justice -- for every woman, no matter her story.

This post was originally published at the Huffington Post.

PFAW

PFAW Praises President Obama’s Common Sense Plan to Reduce Gun Violence

Following the Sandy Hook tragedy in December, President Obama declared this week that we, as a country, cannot tolerate another such incident.

If there is even one step we can take to save another child, or another parent, or another town, from the grief that has visited Tucson, and Aurora, and Oak Creek, and Newtown, and communities from Columbine to Blacksburg before that -- then surely we have an obligation to try.

People For the American Way praised President Obama for this week putting forward bold proposals to combat gun violence and joins him in urging Congress to take swift action on the issue.

Our dire situation requires bold action. We’ve seen too many American lives lost to senseless gun violence. The president is correct to recognize that there is no one solution to this national blight, just as there is no one cause. We must take quick and meaningful action to prevent further tragedies by restricting access to weapons of war.

The President’s plan includes these proposals intended to curb gun violence:

First: It’s time for Congress to require a universal background check for anyone trying to buy a gun.

[…]

Second: Congress should restore a ban on military-style assault weapons, and a 10-round limit for magazines.

[…]
,br>And finally, Congress needs to help, rather than hinder, law enforcement as it does its job. We should get tougher on people who buy guns with the express purpose of turning around and selling them to criminals.

And his 23 Executive Actions, not requiring congressional approval, include measures to strengthen the background check system which keeps guns out of the hands of violent individuals; provide resources to help schools prepare for crisis situations; and invest in research into the causes of gun violence.

Minister Leslie Watson Malachi, Director of African American Religious Affairs at People For the American Way, commended these proposals as “an important step in the right direction.”

Gun violence is a threat to everyone in America, but it particularly plagues young African Americans. We are morally required to do everything we possibly can to keep our children safe and free from fear, whether they are in the classroom or playing on the streets in their neighborhood, whether they live in Newtown or in Chicago or in the District of Columbia.
PFAW

Sotomayor Debunks Right-Wing Line on Courts

In an interview with “60 Minutes” this weekend, Supreme Court Justice Sonia Sotomayor gave one of the best debunkings I’ve seen of the Right's line that a judge should be no more than an umpire, exercising no independent judgment and facing no difficult questions. Using the politically neutral example of the 3rd Amendment, Sotomayor explains how even the most seemingly clear-cut parts of the Constitution still require interpretation by judges and Justices:

Chief Justice John Roberts made headlines when, in his confirmation hearings, he said that a judge’s job was merely to call “balls and strikes.” The comforting words of his analogy hide the fact that most of the issues the Supreme Court approaches are complex and require human judgment – that’s why they reach the Supreme Court in the first place. They also conveniently obscure the fact that the conservative bloc on the Court is plenty influenced by their own ideology – there are plenty of examples here.

Justice Elena Kagan, in her confirmation hearings, gave another great rebuke to Roberts’ flawed baseball analogy. “We know that not every case is decided 9-0,” she said, “and we know that’s not because anybody’s acting in bad faith. It’s because reasonable people can reasonably disagree sometimes. So in that sense, the law does require a kind of judgment, a kind of wisdom. “

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PFAW

Growing Circuit Court Vacancies While Republicans Have Stalled

When the Senate returns to Washington next week, it will have been more than seven months since Republicans last allowed a confirmation vote for any circuit court nominee. Left in the lurch were four highly qualified, long-pending circuit court nominees: Patty Shwartz (Third Circuit, waiting for a vote since March), Richard Taranto (Federal Circuit, also waiting since March), William Kayatta (First Circuit, waiting since April), and Robert Bacharach (Tenth Circuit, waiting since June). Predictably, in the more than half a year that Republicans have actively prevented even one circuit court seat from being filled, nine new circuit court vacancies have been announced.

Two new vacancies have opened up on the Federal Circuit (where Richard Taranto could have been serving for ten months already). Similarly, the Tenth Circuit (where Robert Bacharach would be serving now if Republicans hadn't filibustered him) has seen two new vacancies. Filling out the list are one vacancy apiece on the Fifth, Eighth, Ninth, Eleventh, and DC Circuits.

Senate Republicans should allow Democrats to hold a yes-or-no confirmation vote on the four long-pending circuit court nominees as soon as they are again cleared by the Judiciary Committee. They've had their hearings, and they all could (and should) have been voted on many months ago. In addition, circuit court nominees Jill Pryor (Eleventh Circuit) and Caitlin Halligan and Sri Srinivasan (both DC Circuit) should have their nominations processed and voted on expeditiously. All delay can accomplish is further erosion of justice on our nation's critically important appellate courts.

PFAW

Martin Luther King, Citizens United and Driving Voters to the Polls

On a weekend that features both the third anniversary of the Supreme Court's decision in Citizens United v. FEC and Martin Luther King, Jr. Day, it is a timely moment to "take the temperature" of our democracy. Dr. King once said, "So long as I do not firmly and irrevocably possess the right to vote, I do not possess myself." What is the status of that right today? Or, to pose a broader question: what is the status of our democracy?

In the past year I worked with a network of 1,100 African American churches and 7,000 pastors to educate, motivate, and turn out our congregations and communities on Election Day. We facilitated hundreds of thousands of voter registrations, made more than a million contacts and even transported over 27,000 people to the polls. While we are proud of the work accomplished this year, it is clear to me -- and to many who facilitated get out the vote work -- that our elections aren't working equally well for everyone. More often than not, those for whom they are not working are people of color.

One of the reasons is that Americans -- and especially Americans of color -- are questioning whether our voices can be heard over the noise of massive corporate and special interest political spending in the wake of Citizens United. In the last election, more than 1.3 billion dollars of outside money flooded the airwaves, and voters understand that politicians are paying close attention.

Last year the Brennan Center for Justice at New York University School of Law conducted a national survey on American's perceptions of Super PAC spending and the implications for our political system. An overwhelming majority of respondents (77 percent) agreed that members of Congress are "more likely to act in the interest of a group that spent millions to elect them than to act in the public interest." Americans are seeing that excessive special interest spending is overwhelming the voices and priorities of individual voters -- as well they should. I believe that this is especially true for people of color, many of whom are starkly aware of the reality of the lack of power, influence and opportunities often available to us politically.

And as Colorlines' Brentin Mock pointed out, that's all before we even set out to vote. Faith leaders on the ground all across the country who I worked with witnessed the effects of voter suppression tactics such as voter ID laws and early voting restrictions. We all remember seeing photographs of voters standing in six hour long lines until 2:00 am on election night, waiting to cast their ballots even after the presidential election had been called. And a number of new suppressive laws may go into effect this year.

A democracy in which Americans do not have a fair opportunity to have their voices heard -- whether through discriminatory voter suppression tactics or through the overwhelming influence of big money on the political system -- is not a democracy working as it should. It is a democracy in need of healing.

That's why organizers around the country are speaking out this weekend to bring attention to the interrelated attacks on our democracy today. Under the banner of Money Out/Voters In, organizers are hosting "Day of Action" events in more than 76 cities in 33 states. Some of the same faith leaders who devoted their time and energy to GOTV efforts are leading teach-ins this weekend about the dual threats of voter suppression and unlimited corporate and special interest money in politics. As African American faith leaders who value the ideals of justice and fairness, we believe it is our responsibility to advocate for a system that puts electoral power in the hands of everyday Americans rather than corporations.

Perhaps Elder Lee Harris of Jacksonville, Florida -- one of the African American faith leaders organizing voting efforts this fall -- put it best: "We've come too far and fought too hard to let anybody take away our vote again."

This post was originally published at the Huffington Post.

PFAW Foundation

Sen. Leahy Talks About Judges at Georgetown Law

Senate Judiciary Committee Chairman Pat Leahy spoke at Georgetown University Law Center this morning, where he had been invited to discuss the committee's priorities for the 113th Congress. His prepared remarks noted the importance of ending the obstruction of qualified judicial nominees that characterized the past four years:

Like Chief Justice Roberts, I believe the extraordinarily high number of extended judicial vacancies has to end. The Judiciary Committee will continue to work to fill these vacancies, many unnecessarily perpetuated, which threaten our justice system.

However, he departed from his prepared remarks at this point, and it was clear how important he recognizes the issue to be:

Those who would block judges from coming up even for a vote – I'll say this: Vote yes, or vote no, but when you block them, you're voting maybe. What. An. Irresponsible. Lazy. Thing. To. Do.

Later, when asked about rules reform, he brought up judicial nominations as the "best example" of abuse of the rules:

Dozens and dozens and dozens of judicial nominees get held for month after month after month. You know, they've been nominated, they've gone through the Senate Judiciary Committee unanimously – basically having to shut down their law practice because they're going to become a federal judge – and then for months and months and months they're in this limbo because we can't bring it to a vote.

And then when we finally do bring it to a vote, they get 95 votes, 98 votes, out of 100.

No. This is allowing people to vote "maybe," not yes or no. If you really feel strongly about an issue, sure, come on the floor our rules allow you to debate it. But on some of these things – on most of these things – I don't find anybody who feels that strongly about it they're willing to stand up and explain to the American public on C-Span and in the Congressional Record "here's why I'm opposing it," because usually their reasons do not stand the light of day.

Indeed, what good reason could Republicans possibly give for blocking votes on nominees who everyone supports? They're not going to stand up and admit that the nominees' only offense is having been nominated by a Democratic president. So they just withhold the unanimous consent needed to schedule a confirmation vote and hope that the public doesn't notice.

PFAW

GOP Electoral College Power Play Tests Our Democracy

Pennsylvania Republicans have introduced a bill to ensure that Republican presidential candidates win the lion's share of the state's electoral votes in the future, regardless of how the people actually vote. In fact, Reince Priebus, the chair of the Republican National Committee, is among those in the GOP who have proposed using this method to sabotage the presidential election in other blue states, as well, such as Michigan, Wisconsin, and Ohio. Under the Republican system, Mitt Romney would have won the presidential election last year despite losing the popular vote by four points and losing every swing state but one.

Yes, this is happening in America. TPM calls it "nuclear gerrymandering." Ian Millhiser writes about the Pennsylvania bill at ThinkProgress:

Under their bill, the winner of Pennsylvania as a whole will receive only 2 of the state's 20 electoral votes, while "[e]ach of the remaining presidential electors shall be elected in the presidential elector's congressional district."

Pennsylvania is a blue state that voted for the Democratic presidential candidate in every single presidential race for the last two decades, so implementing the GOP election-rigging plan in Pennsylvania would make it much harder for a Democrat to be elected to the White House. Moreover, because of gerrymandering, it is overwhelmingly likely that the Republican candidate will win a majority of Pennsylvania's electoral votes even if the Democrat wins the state by a very comfortable margin. Despite the fact that President Obama won Pennsylvania by more than 5 points last November, Democrats carried only 5 of the state's 18 congressional seats. Accordingly, Obama would have likely won only 7 of the state's 20 electoral votes if the GOP vote rigging plan had been in effect last year.

This is part of a pattern: Far right Republicans, handed temporary control of state governments by the voters in 2010, are pulling out the stops to game the electoral system to make sure Republicans win future elections, no matter what the people want. We saw this in the many voter suppression measures adopted in 2011 and 2012, including in Pennsylvania. Fortunately, many of those voter suppression laws were put on hold by the courts, at least for 2012. Moreover, in at least some places last fall, so many people showed up to vote against the far right agenda that they were able to overcome the intended impact of voter suppression measures.

But the Electoral College scheme represents a massive escalation in the GOP war against electoral democracy. It is a transparent power grab, one clearly designed to help them "win" the most powerful office in the United States even when the American people thoroughly reject their presidential candidate. The GOP has driven itself so far to the right that it now has only two ways to win office: either substantially change its central policies in order to make them palatable to the majority of voters, or make sure that the majority of voters who disagree with them are stripped of the ability to elect the candidates of their choice. Which path will the GOP choose?

This scheme should never be seriously considered but should instead be immediately repudiated by both political parties. Otherwise, we face a moment that will test our democracy and require all Americans to stake a stand.

PFAW

PFAW Delivers 178,000 Petitions Calling for Michele Bachmann’s Removal from Intelligence Committee

Today, after an overwhelming response from our members and supporters, members of PFAW’s staff delivered a whopping 178,000 petitions to House Speaker John Boehner calling on him to remove Rep. Michele Bachmann from the House Permanent Select Committee on Intelligence.

Last year, Bachmann earned rebukes from Democrats and Republicans alike when she accused Hillary Clinton aide Huma Abedin and others of a secret allegiance to the Muslim Brotherhood. In an interview first reported by PFAW’s Right Wing Watch, she alleged that “there has been deep penetration in the halls of our United States government by the Muslim Brotherhood.” Later, she accused President Obama of trying to implement Sharia law in the United States and abroad.

The petition states, "Members of the House Intelligence Committee are entrusted with classified information that affects the safety and security of all Americans. That information should not be in the hands of anyone with such a disregard for honesty, misunderstanding of national security, and lack of respect for his or her fellow public servants.”

Boehner, who is among the Republicans who condemned Bachmann’s allegations about Abedin, has not yet responded.

PFAW

Michele Bachmann Back on the Intelligence Committee, Still Spouting Conspiracy Theories

Last year, after Michele Bachmann launched a smear campaign against Hillary Clinton’s aide Huma Abedin and alleged that there had been “deep penetration” by the Muslim Brotherhood in high levels of government, People For the American Way launched a campaign to get Bachmann kicked out of the House Select Committee on Intelligence. On the Intelligence Committee, she has special access to sensitive national security information, which probably shouldn’t be in the hands of a fear-mongering conspiracy theorist. But this week, Bachmann announced that she had been reassigned to the Intelligence Committee, despite the protests.

In light of the news, PFAW has revived its petition drive and the campaign has been covered by USA Today, the Huffington Post, and the Ed Show:

Back in July, we published a rundown of Bachmann’s worst conspiracy theories. Since then, she’s added to her repertoire, claiming that President Obama has “enforced Islamic speech codes here in the U.S.” and is intent on imposing Sharia law at home and abroad.

You can sign PFAW’s petition to remove Bachmann from the Intelligence Committee here.

PFAW

Join "Money Out, Voters In" Today

 

The following video featuring Congressman Keith Ellison and People For the American Way's Marge Baker was recorded on December 15th, 2012 and live-streamed to host parties across the country.

 

On and around the weekend of January 19, 2013 - the weekend of Martin Luther King Jr. Day and the third anniversary of the Citizens United decision - activists across the country will be mobilizing to demand that draconian voter suppression measures are overturned, that we get big money out of politics, and that real democracy flourishes in America.

Click here to host or help out with an event

PFAW

Obama Swiftly Renominates Judicial Nominees

Signs since Election Day have suggested that President Obama will be making judicial nominations a higher priority during his second term. The biggest signal so far came today: Less than three hours into the 113th Congress, the White House announced that the president is renominating every single one of the 33 judicial nominees who had been left unconfirmed in the Congress that ended at noon today, most due to Republican obstruction.

In so doing, President Obama urged timely consideration for all the nominees, which would be a much-needed break from the past four years:

Today, I am re-nominating thirty-three highly qualified candidates for the federal bench, including many who could have and should have been confirmed before the Senate adjourned. Several have been awaiting a vote for more than six months, even though they all enjoy bipartisan support. I continue to be grateful for their willingness to serve and remain confident that they will apply the law with the utmost impartiality and integrity. I urge the Senate to consider and confirm these nominees without delay, so all Americans can have equal and timely access to justice.

Renominated are seven circuit court, 24 district court, and two Court of International Trade nominees. Fully half of these highly qualified jurists have already had hearings before the Judiciary Committee, and eleven of them were pending on the Senate floor and would have been confirmed already, but for Republican insistence on blocking every effort to schedule simple yes-or-no votes. These include four circuit court nominees whose nominations have been languishing on the floor since March (Patty Shwartz and Richard Taranto), April (William Kayatta), and June (Richard Taranto).

This large slate also reflects the president's commitment to having a federal bench that looks like America. Of the 33 nominees, 25 are women or people of color. Many them would bring to the bench experience as public defenders and pro bono advocates. They all bring the seal of approval of the ABA, which has closely scrutinized their records and backgrounds and found each one them qualified.

During Obama's first term, Senate Republicans pulled out the stops to prevent him from filling the federal bench with qualified mainstream judges. The White House's increased attention to judicial nominations since Election Day suggests they have no intention if allowing that to happen during the second term.

PFAW

Thanks to House GOP, New Year Starts Without Violence Against Women Act

Back in April, the Senate passed  a reauthorization of the Violence Against Women Act, which since 1994 has provided funding and training for state and local law enforcement to prevent domestic violence and sexual assault. The law has worked incredibly well: between 1993 and 2010, the rate of intimate partner violence fell by 67 percent and the reporting of domestic violence has increased dramatically.

But this week, the Violence Against Women Act expires because House Republicans refused to reauthorize it. They refused even to hold a vote on it, instead proposing a watered-down bill that the president promised to veto. What they objected to were the new bill’s increased protections for immigrants, LGBT people and Native American women, which Majority Leader Eric Cantor characterized as “issues that divide us.”

Now the new Congress will have to start the process of reauthorizing VAWA all over again. Until they do, women across the country will be left without the safety net that VAWA provides.

PFAW

Senators Speak Out for Judicial Confirmations

On the Senate floor yesterday, several Democratic senators discussing abuse of the Senate's rules spoke about how Republican obstruction of judicial nominations is damaging the nation's system of justice.

Maryland's Ben Cardin noted how GOP obstruction is limiting the pool of qualified people willing to become federal judges:

I have talked to people in Maryland who are very reluctant to put their names forward because they do not want to put their families and themselves through the uncertainty. ... [Let's say] you are the most distinguished person for this job, the person everybody wants, not partisan at all, no controversy. The Bar Association will give you the highest ratings. You have already been vetted through the FBI process. There is nothing in your background that would raise a concern with anyone. But you look at the calendar here and say: If I go through this, I am going to be on this calendar for at least 6 months, it looks like. What does that do to my law firm? Can I try cases? What do I do for the next 6 months? It is not fair to me, it is not fair to my law firm, and it is not fair to my family. So you are not going to put yourself forward.

New Mexico's Tom Udall noted the impact on the critically important circuit courts:

In many of these circuits where these judges are sitting — these nominees are waiting month after month, and we have judicial emergencies. We have a chronic problem of moving cases in these circuits, where the administrators of the courts—these are independent branches of government—tell us they cannot do their job because they do not have the manpower to do it. And we are holding up confirmations not because of any substantive reason but because of the process or because of one person in the Senate who, for reasons unrelated to that individual, is holding up all of these nominations.

Rhode Island's Sheldon Whitehouse noted the absurdity of Republicans demanding concessions in return for their not blocking confirmation votes for unquestionably qualified consensus nominees:

When you see judges who have been cleared in the Judiciary Committee unanimously sitting on the Executive Calendar in what has become a hostage pool for purposes of trading--these are judges who are ready to go, and there may very well be a judicial emergency in their district; they have Republican and Democratic support, and they are held hostage to be used as trading pieces on either judges or other issues--I think that is a very poor way to go about doing business, particularly when you consider where that leaves an individual who has put their life on hold waiting to see if they will be confirmed, and all they are is a pawn in a chess game, even though everybody thinks that substantively they are qualified and should serve as judges.

None of these legislators has a nominee from their state among those who will have to be renominated because they were unfairly denied a yes-or-no vote. Nevertheless, these three senators recognize that the unwarranted obstruction of judicial nominations has created a serious problem that affects the entire country.

PFAW