McConnell Bobs and Weaves on Judicial Nominations

On the Senate floor this morning, Republican leader Mitch McConnell again showed how utterly without merit his party's obstruction techniques are.

Last week, the Judiciary Committee unanimously voted to approve the nomination of Sri Srinivasan to the D.C. Circuit, a critically important court that President Obama has been unable to fill vacancies on due to Republican obstruction. There is no reason to prevent the Senate from holding a prompt confirmation vote, especially since the court has four of its eleven active judgeships vacant. Yet Republicans are doing just that, forcing Democrats to file cloture to end the filibuster.

This morning, McConnell took to the floor to complain that Majority Leader Reid was moving too fast, but that he'd be willing to allow a vote on June 4, right after the Memorial Day break. With the Judiciary Committee having fully vetted the nominee and approved of him without a single no vote – and with McConnell admitting on the floor that Republicans plan to support the nominee – it is unclear what would be gained by waiting.

McConnell also complained that a vote for Srinivasan this week would be unfair to Tenth Circuit nominee Greg Phillips. Phillips was nominated seven months after Srinivasan but, unlike the D.C. Circuit nominee, was allowed to have his committee consideration proceed without months of needless delay: Phillips was approved by the committee without opposition last month. So Reid suggested the obvious solution to McConnell's alleged problem: holding Phillips' already-overdue confirmation vote today.

But McConnell objected, thereby preventing the Senate from holding a vote.

It is worth noting that 19 of George W. Bush's circuit court nominees had confirmation votes within a week of committee approval. Thanks to McConnell, that number is zero for Obama, and the Republican leader clearly hopes to keep it that way.

PFAW

As Washington Begins Debate on Gun Violence Bills, National Responses Vary

As the U.S. Senate prepares to consider a package of gun violence prevention proposals this week, Republicans face a choice: whether to side with the vast majority of Americans who want common sense gun regulation, or with the radical pro-gun fringe.

Today, a group of far-right, NRA-backed Senators are threatening to use the filibuster to shut down the debate on gun safety measures backed by over 90 percent of Americans. In a letter to Senate Majority Leader Harry Reid this week, Senators Rand Paul, Ted Cruz, and Mike Lee pledged to “oppose any legislation” that seeks to expand background checks or crack down on interstate gun trafficking. Joining them in the letter are eleven other Republican senators, including Minority Leader Mitch McConnell.

Legislators on both sides of the aisle have rebuked these blind filibuster threats as extreme and unnecessary. Top GOP Senators Lindsey Graham, Tom Coburn, and Johnny Isakson have all called on fellow conservatives to allow a vote on gun safety legislation. On Sunday’s Face the Nation, Senator John McCain joined in questioning the Republicans who have threatened to filibuster gun legislation they haven’t even seen yet:

"I don’t understand it. The purpose of the United States Senate is to debate and to vote and to let the people know where we stand,” McCain said.

While some legislators continue to impede progress on this issue, others, such as Democratic Senator Joe Manchin and his GOP colleague Senator Pat Toomey have renewed efforts to spearhead a bipartisan agreement on background checks. Yesterday, the two senators announced an agreement on a deal that expands background checks to gun shows and internet purchases.

Meanwhile, President Obama traveled to Connecticut on Monday to remind Americans how important their voice is as the gun debate unfolds. While there, he blasted the efforts by some Senate Republicans to shut down the discussion:

"They’re not just saying they’ll vote no on ideas that almost all Americans support,” Obama said. “They’re saying they’ll do everything they can to even prevent any votes on these provisions. They’re saying your opinion doesn’t matter, and that’s not right.”

The obstructionist tactics used by the far-right senators are sadly part of a larger national backlash to discussions about common-sense gun regulations. Last month, Montana's legislature passed a bill that would have forbidden state law enforcement from cooperating with federal officials in enforcing a ban on semi-automatic weapons or high-capacity magazines, should such bans ever become law.

Bills in other states seek to outright nullify federal gun laws, including those passed in the Wyoming House and Kentucky Senate. These bills aren’t just terrible for safety, they’re also unconstitutional.

Luckily, there are still those who are willing to stand up to these mindless obstructionist tactics from the right. Late last week, Montana Governor Steve Bullock vetoed the state’s proposed bill, calling it “unnecessary political theater that would not meaningfully protect our Second Amendment rights.”

Other governors have gone a step further in standing up against right-wing intimidation by calling for their state’s gun violence prevention laws to be reinforced. Last week, Connecticut Governor Dannel Malloy signed the nation’s most far-reaching gun violence prevention bill. The bill, approved by bipartisan votes in both chambers, adds more than 100 weapons to the state’s ban on assault weapons, limits the capacity of ammunition magazines and requires background checks for all weapon sales, including at gun shows:

“This is a profoundly emotional day for everyone…when 92% of Americans agree that every gun sale should be subject to a background check, there is no excuse not to make it federal law” Malloy said.

In recent months, legislatures in Colorado , Maryland, and New York have all advanced their own measures to combat gun violence. Collectively these states have demonstrated the courage to stand up to the bullying tactics of the big gun lobby and their allies on the far right. These states have shown the effectiveness of speaking out against the radical agenda coming from right-wing politicians on the state and national level and have sent a message to Washington that action needs to happen.

The last thing our nation needs now is obstructionist tactics leading to watered down, ineffective legislation. We need a meaningful, national response to gun violence in America. But for that to happen, Republicans are going to need to stand up against the radical pro-gun Right, and for common sense.

PFAW

Six Months Without a Circuit Court Confirmation Vote

Tomorrow, due to Republican obstruction, it will be six months since the Senate has been allowed to vote on a circuit court nomination. Outside of presidential transitions (when new administrations need time to identify potential judges), such long periods of time without an appellate court vote are unusual. They certainly aren't the norm when there are so many exceptionally qualified and noncontroversial pending circuit court nominees, as is the case now.

Currently, there are 20 nominations waiting for a yes-or-no vote, four of them for circuit courts. Not coincidentally, the four that have been blocked the longest are the four circuit court nominees.

Oklahoma's Robert Bacharach is the "newbie" on the list, having been blocked for "only" six months. There is no reason for Republicans to obstruct Bacharach's nomination to the Tenth Circuit: He has the support of Oklahoma's two conservative GOP senators, was approved with overwhelming bipartisan support from the Judiciary Committee, and received the highest possible rating from the ABA panel that evaluates the qualifications of federal judicial nominees. Back in June, Sen. Coburn said it would be "stupid" for his party to prevent a vote on Bacharach, yet his party voted almost in lockstep to do just that when Democrats filed cloture to end the filibuster.

William Kayatta's nomination to the First Circuit has been blocked even longer. He, too, has the highest qualifications and was approved by the Judiciary with overwhelming bipartisan support (way back in April). He, too, has two Republican home state senators who have been urging their party leader to lift his blockade, but to no effect. As Collins wrote in a letter to Harry Reid and Mitch McConnell the week after Election Day, "the First Circuit bench is small – it has only six active judges – so any single vacancy hits it disproportionately hard. It now has the highest vacancy rate of any Circuit in the country."

No one has been waiting longer than New Jersey's Patty Shwartz, who was approved by the Judiciary Committee in March, more than nine months ago. Like the others, she has received the highest possible rating from the ABA. Like the others, she has the support of both of her home state senators. And like the others, she is finding her nomination blocked by a Republican insistence on blocking all things Obama.

Finally, there is Richard Taranto, whose nomination to the Federal Circuit was approved with overwhelming bipartisan support back in March. Like the others, Taranto, too, has received the highest possible evaluation of his qualifications from the ABA. Republicans have not given any reason to oppose his nomination, yet they have been refusing any effort to actually hold a confirmation vote for him.

America's circuit courts perform a vital function, each one creating precedents that bind all the district courts within their circuits. Every federal district court case can be appealed to the circuit court, but if there aren't enough judges to hear the appeals, the parties are stuck in limbo. In addition, since the Supreme Court hears only a miniscule fraction of the appeals made to it, it is the circuit courts that have the last word on some of the nation's most important and complex legal issues.

The four circuit court nominees have been waiting for a yes-or-no vote longer than anyone else, and this delay serves only to harm the American people. More than 10% of all circuit court judgeships vacant or soon to become vacant. Given this vacancy crisis, and with nominees like these four, it is inexcusable for Senate Republicans to allow half a year to go by without lifting their blockade on circuit court judges.

PFAW

GOP Bad Faith on the Pace of Confirmations

Last March, after three years of non-stop partisan obstruction of President Obama's judicial nominees, Senate Majority Harry Reid filed cloture petitions to end the Republicans' unprecedented filibuster of 17 district court nominees. Under public pressure, Senate Minority Leader Mitch McConnell agreed to hold votes to confirm 14 circuit and district court nominees by May 7, averaging a little more than two votes per week that the Senate was in session. Sen. Reid expressed the hope that Republicans would continue this pace even after the end date of the deal.

Six months later, that clearly has not happened. Since the agreement expired, Republicans have consented to only 14 judicial confirmation votes, averaging just one per week that the Senate has been in session.

That's right: In the more than half year since the agreement expired on May 7, the GOP has allowed the same number of votes as it allowed in two months under the March agreement.

These past six months have seen nothing but continued obstruction. In mid-June, Andrew Hurwitz was confirmed to the Ninth Circuit only after Democrats successfully invoked cloture to end the Republican filibuster. The very next day, McConnell declared that he would block votes on all circuit court nominees, regardless of their bipartisan support, because it was an election year. This springtime blockade of consensus circuit court nominees represented yet another escalation in the GOP war against anything Obama. In September, when Reid tried to confirm all the long-pending district court nominations before leaving town until after the election, McConnell stood on the Senate floor and single-handedly blocked the Senate from voting. Even after an election that saw the GOP chastised by the voters, several Republicans are suggesting we will see few if any confirmations during the lame duck.

We have 19 circuit and district court nominations that have been languishing on the Senate floor for months, most of them since June or earlier, and some since as long ago as March or April. Almost all of them were approved by the Judiciary Committee with overwhelming bipartisan support, and most are for positions officially designated “judicial emergencies” because of the enormous caseload per judge.

Our judicial branch is experiencing an unprecedented vacancy crisis, depriving millions of Americans of their day in court. Sen. Reid should not have to file cloture to end the filibuster of these the 19 long-waiting nominees. However, he would be fully justified in doing so, unless Sen. McConnell begins to conduct himself as a partner in governing rather than as an obstacle to good government.

PFAW

Senators Hear from Americans Concerned about the Courts

After 150 activists from 27 states met with senior Administration officials to discuss how to resolve the unprecedented vacancy crisis in our nation's courts, they spent the afternoon visiting their senators' offices on Capitol Hill. Democratic and Republican senators alike heard the same message from concerned Americans: Courts Matter. For those Republicans who may have thought the obstruction that is keeping our court system from functioning properly had gone unnoticed, it must have been an unpleasant surprise to learn their constituents are paying attention.

At the end of the afternoon, the activists from across the country all gathered together to discuss their meetings and steps they can take going forward to make sure that senators know their constituents recognize the importance of our nation's courts. In addition, they also heard from and spoke with two key senior Senate staff members whose work is central to advancing nominations at each stage of the Senate process: Serena Hoy (from the office of the Senate Majority Leader) and Jeremy Paris (from the Judiciary Committee). Their commitment to getting the president's nominations through was clear.

By the end of the day, senators from 27 states and the highest levels of Senate leadership saw the grass roots energy behind Americans' commitment to our nation's system of justice. And those Americans saw reflected back the leadership's commitment to turn their energy into action in the Judiciary Committee and on the Senate floor.

PFAW

Senate Obstruction Continues: The Chart

Last week, Senate Majority Leader Harry Reid told Politico that he plans to push forward on filling the federal courts, despite unprecedented Republican obstructionism. Here is what Americans who value the courts are up against:

Despite a vacancy crisis in the federal courts that has led to delayed justice for Americans across the country, Senate Republicans have been using every delay tactic in the books to prevent qualified nominees from getting through the system.

The dotted line represents the average time  President Bush’s confirmed judicial nominees at this point in his presidency had to wait for a floor vote after committee approval. The blue lines are President Obama’s nominees – almost all with overwhelming bipartisan support , yet mostly forced to wait for months on end for no reason.

If Senate Republicans keep filibustering these nominees, Sen. Reid will be forced to start a cumbersome and time-consuming cloture process for each and every one of them. Such filibuster abuse is a waste fo the Senate’s time, and it’s bad for America’s courts.
 

PFAW

Why is the GOP Filibustering Hispanic Judicial Nominees?

Senate Majority Leader Harry Reid minced no words yesterday discussing the Senate GOP’s seeming indifference to Latino voters:

Senate Majority Leader Harry Reid, D-Nev., said on Monday that GOP prejudice against Latinos is coloring everything from the immigration stance its presidential contenders are taking on the campaign trail to Senate Republicans filibustering an ambassadorship.

“Let’s talk about some of the things happening to Hispanics in the Senate,” Reid said during a call with reporters, citing past GOP filibusters of immigration-reform bills and the nomination of Mari Carmen Aponte as ambassador to El Salvador.

“What is going on here answers whether there is some prejudice here,” Reid added, referencing a prior question on whether racism played a role in what Reid and other Democrats depict as extreme anti-immigrant positions taken by GOP front-runner Mitt Romney and other GOP presidential hopefuls.

Reid said that Republican candidates are “catering to the tea party” and competing for favor from extremists in their party with their immigration stances.

It’s not just immigration policy and the Aponte nomination. Republicans in the Senate have also been filibustering Hispanic judicial nominees at an alarming rate. This practice gained national attention when Democrats were forced to break a filibuster of the nomination of Judge Adalberto Jordan to sit on the 11th Circuit Court of Appeals. Judge Jordan was to become the first Cuban-American to sit on the circuit that covers Florida, and had the support of Cuban-American GOP senator Marco Rubio, yet was filibustered for four months. The pointlessness of the extended filibuster was made even clearer when the Senate ultimately confirmed Jordan in an overwhelming, bipartisan vote. Writing about the Jordan filibuster, Washington Post columnist Dana Milbank asked, “Does the GOP care about Latino voters?

Senate Republicans are now stalling votes on two Hispanic nominees to the federal courts. They were both approved unanimously by the Judiciary Committee, and no Republican has publicly expressed any reason to question their fitness for the bench.

President Obama has made a concerted effort to bring diversity to the federal bench – 36 percent of his nominees have been people of color and 45 percent have been women. The president, in prioritizing bringing diversity to the federal courts, has made a strong statement. The statement that the Senate GOP is making in obstructing those nominees is equally strong.
 

PFAW

Senate Set to Turn Attention to Judicial Nominations Backlog

Senate Majority Leader Harry Reid announced today that one of the key focuses of the Senate’s next five weeks of work will be “clearing the backlog of judicial nominees that threatens the effectiveness of our justice system.”

Reid’s announcement is important for several reasons. Because of unyielding Republican obstructionism, Senate Democrats have been unable to schedule confirmation votes on all but a few federal judicial nominees in the past several months. This situation had created a backlog of nominees waiting for Senate votes and a vacancy crisis in the federal courts, where about one in ten seats is vacant.

The reason why it’s been so hard for Democrats to schedule votes on President Obama’s judicial nominees is that the Senate GOP has in the past few years taken full advantage of all the tools of obstruction that it has available. The Senate has to have unanimous consent to schedule an up-or-down vote – something that in the past has been routinely granted to judicial nominees with strong bipartisan support. But since President Obama took office, Senate Republicans have been refusing to grant votes on nearly every nominee – even the vast majority who have little to no Republican opposition -- effectively filibustering dozens upon dozens of nominees. Only after months of delay are the votes finally allowed. Last week, Senate Democrats made it clear that they’d had enough and filed cloture to end the filibusters of two of the nominees – each of whom was subsequently confirmed in overwhelming numbers.

That’s right: Senate Republicans haven’t just been obstructing nominees who they find fault with – they’ve been obstructing everybody. President Obama’s nominees have been forced to wait an average of 100 days after committee approval just to get a yes-or-no vote from the Senate. The average wait for George W. Bush’s nominees at this point in his presidency was 24 days.

This afternoon, senators voted on the nomination of Margo K. Brodie, to the U.S. District Court for the District of Eastern New York. Although she was unopposed in the Judiciary Committee, Brodie has waited for more than four months for her nomination to be voted on. She was approved on a vote of 86 to 2.

There are now nineteen judicial nominees still waiting for a Senate vote, most of whom were approved by the Senate Judiciary Committee with absolutely no opposition. Ten of them have been waiting three months or more from a vote, and ten have been nominated to fill officially-designated judicial emergencies. Fourteen of the twenty are women or people of color and one is an openly gay man.

Sen. Reid is doing the right thing in calling out Republicans on their obstructionism and ensuring that our courts continue to be fair and functioning.
 

PFAW

Senate to Try New Thing Called 'Work'

Senate Majority Leader Harry Reid has cancelled the scheduled 4th of July recess, in the hopes that the Republican obstructionists in the upper chamber might finally allow some real work to take place on behalf of the American people. The debt talks certainly deserve attention, but this is also a great opportunity to whittle down the critical mass of still-unconfirmed presidential nominees. The number of vacant positions, particularly in the judiciary, is an embarrassing testament to the unprecedented obstruction that is taking place. According to PFAW’s Marge Baker as reported in the Huffington Post, we can’t even begin to tackle this problem unless the Senate actually shows up for work:

Baker sees a simple means of drilling through the obstruction by embarrassing an opposition that has chosen to enjoy fictional days at the office at a time when most Americans are working extra hard to keep their jobs in a tough economy.

“One way to do that is stay in session and work -- force them to work -- and get something done,” Baker said, referring particularly to the Senate where there is an enormous backlog of unfinished business on the appointment front alone.

Of nearly 300 civilian appointments Obama has made this year, fewer than 100 of them have been confirmed by the Senate -- even when there is no opposition.

It’s particularly stark with judicial appointees. Baker noted that there are 15 judge nominees who have been unanimously approved by the Senate Judiciary Committee -- nine of them women or minority appointees -- yet none have made it to the floor of the Senate.

To her, that just looks like obstruction. And even worse, in her mind, is the idea that Republicans simply want to flout the law by refusing to confirm anyone to the CFPB -- unless the law is changed.

PFAW

Menendez Introduces Comprehensive Immigration Reform Bill

Senator Robert Menendez, along with Majority Leader Harry Reid and Senators Richard Durbin, Patrick Leahy, Charles Schumer, and John Kerry, today introduced the Comprehensive Immigration Reform Act of 2011. The bill creates a path to citizenship for undocumented immigrants who must meet strict requirements before waiting in line to become legal residents. The bill also addresses the continuing need for effective border security. Most notably, this bill includes the provisions for LGBT families outlined in the Uniting American Families Act, as well as the DREAM Act and AgJOBS. Here at PFAW, we’re very pleased to see such inclusive legislation being introduced.

America is a nation of immigrants, and our country’s history would be unfathomable without the men and women who have come here from all around the world. Comprehensive immigration reform will help the economy and create greater fairness and equality in our deeply flawed immigration system. We applaud these senators for their leadership in seeking to create a comprehensive and fair immigration policy. When addressing undocumented immigrants, the best thing our nation can do is to implement a stable path to legal citizenship, with equal opportunity for all, and that’s precisely what this bill does.

PFAW