More Delay on the Restrepo Nomination

Qualified jurists nominated for federal judgeships way back in November are still waiting to have a committee hearing scheduled. They include Kara Farnandez Stoll, who would be the first woman of color on the Federal Circuit, and L. Felipe Restrepo of Pennsylvania, who would be the first judge on the Third Circuit with experience as a public defender. The Third Circuit vacancy has been designated a judicial emergency, and with another vacancy on that court opening on July 1, it is even more important not to keep delaying Restrepo's already overdue hearing.

Yet a Grassley spokeswoman told The Legal Intelligencer (subscription required) that she "couldn't even estimate" a timeframe for Restrepo's hearing. Apparently, that's because the committee is also working on other nominations. She said that processing the Loretta Lynch attorney general nomination had required "all hands on deck," and that the committee was also preparing for the deputy attorney general nomination of Sally Yates.

Surely the committee is capable of handling both executive and judicial nominations.

A comparison to the Bush era is instructive, when the Democratic Judiciary Committee considered Michael Mukasey's nomination to be attorney general. The committee received Mukasey's nomination on September 21, 2007, held hearings, and advanced him to the full Senate on November 6. During that time, the committee was able to hold confirmation hearings on six judicial nominees and advance two to the full Senate. It was also able to advance an additional four judicial nominees the week after voting on Mukasey.

Fast-forward to now, a week after Lynch was advanced to the full Senate. The Judiciary Committee hasn't held a hearing for circuit or district court nominees since January 21, a week before the Lynch hearing. In the meantime, the number of current vacancies has climbed from 39 at the beginning of the year to 47 today, and the number of judicial emergencies has jumped from 12 to 21.

Hearings for Judge Restrepo and other judicial nominees are long overdue.

PFAW

Republican Inaction as Judicial Emergencies Jump

Yesterday we blogged about how the Senate Judiciary Committee and Chairman Chuck Grassley ought to move judicial nominations next week when they return from recess. We noted that the number of vacancies has increased from 39 at the end of last year's lame duck session to 46 today, with fourteen of those officially designated as judicial emergencies.

Well, we've had developments since yesterday's post. First, next week's committee schedule is up, and no hearings have been announced for judicial nominees.

And secondly, the Administrative Office of U.S. Courts this morning designated an additional five vacancies as judicial emergencies, so the total has jumped from 14 to 19.

These new emergencies include one in the Northern District of Texas, which has been vacant since July of 2013 and which had been announced in advance in April of that year. Yet it was not until last July that Sens. Cornyn and Cruz announced a process to identify Northern District recommendations to the White House. Perhaps if they had not waited more than a year after being notified of this vacancy, it would be filled today. Instead, there is no nominee yet, and a vacancy that should not still exist is instead a judicial emergency.

Texas now has seven judicial emergencies, more than a third of the national total. Two of them have nominees who should have advanced to the Senate floor last week, but were delayed when Republicans decided to delay the scheduled committee vote on four fully vetted district court nominees by two weeks simply because they could.

Another of the newly designated emergencies is in the Third Circuit. The good news is that district court judge L. Felipe Restrepo was nominated to fill this seat way back in November, and that he has the enthusiastic support of his home state senators, Democrat Bob Casey and Republican Pat Toomey. The bad news is that Chairman Grassley continues not to schedule a hearing for this highly qualified nominee (or any other). With this vacancy now a judicial emergency and a second vacancy on the circuit opening in July, the decision to slow-walk this nomination is even more harmful.

So as of today, the number of judicial emergencies has jumped from 12 at the beginning of the year to 19 today. Senate Republicans can and should do much more to get that number moving back down.

PFAW

Republicans Should Move Judicial Nominations Next Week

With the Republican-controlled Senate returning to town next week, one of the things they should turn their attention to is moving judicial nominations. Because vacancies are always opening up on the courts, the Senate has to confirm a number of judges just to keep even. So far in the 114th Congress, we are not keeping even.

When the lame duck session of Congress ended in mid-December, there were 39 vacancies on our nation's federal circuit and district courts. Today there are 46 vacancies, 14 of them officially designated as judicial emergencies. Another five district court judges will be stepping down in just the next three weeks.

Even taking into account that the committee has also been handling the Attorney General nomination, we could and should have seen more progress on judges by now. There has been only one judicial nominations hearing, back in January, and the four Utah and Texas district court nominees who have now been fully vetted were scheduled for a committee vote last week. This was actually a critical test for the GOP, since it was their first chance to show that they would not continue to engage in the practice of needlessly delaying committee votes on judicial nominees just because they can. Unfortunately, they failed, holding the nominees over for two weeks on the basis that it was their first time on the agenda (in other words, they delayed the vote because they could).

When senators come back to town next week, the Judiciary Committee should vote these four nominees out, and the full Senate should promptly hold a confirmation vote.

It is also past time to hold hearings for people who were nominated more than three months ago, like Third Circuit nominee L. Felipe Restrepo (nominated November 12). Already a judge in the Eastern District of Pennsylvania, Restrepo has the bipartisan support of home state senators Bob Casey and Pat Toomey. He would be the first judge on the Third Circuit with experience as a public defender, as well as the first Latino judge from Pennsylvania on the Third Circuit. There is no reason to delay a hearing for him or other long-waiting nominees.

To judge how the Republican Senate is doing, a convenient basis of comparison is the Democratic Senate during George W. Bush's last two years. As we noted when discussing the remarkable success in confirming judges in 2014:

The Bush example is particularly instructive. At the beginning of 2007, 56 judgeships were vacant. Rather than taking advantage of their new majority as a result of the 2006 elections to allow vacancies to build up, Senate Democrats made sure to process Bush's nominees in a fair and timely manner. ... Throughout the 110th Congress of 2007-2008, the number of vacancies generally remained at 50 or fewer. The Senate confirmed 68 judges during those two years, getting the number of vacancies down to as low as 34 in the early fall of 2008.

So keep an eye on how many judicial vacancies there are and whether that number goes up or down. That will be a good indication of whether Republicans are working in good faith to keep America's judicial system effectively staffed, or whether they are instead deliberately allowing vacancies to build up.

 

PFAW

Thursday is Test Day for Senate Judiciary Republicans

Tomorrow morning, we will learn more about how Chairman Chuck Grassley will run the Senate Judiciary Committee ... and whether Republicans will continue one of the indefensible forms of obstruction that they engaged in for six years while in the minority.

Grassley has scheduled a meeting for tomorrow with key votes on the agenda. They include four district court nominees from Texas and Utah, the first ones fully processed by the committee under its new Republican leadership.

The question is whether the committee will be allowed to vote on any of these nominees. Committee rules let senators "hold over" (i.e., delay) committee votes without explanation. This was done during previous presidencies when a nominee was controversial or when senators needed more time to evaluate the nominee. But during the first six years of the Obama presidency, Republicans exercised this right for all but 12 of his judicial nominees, which was an unprecedented abuse of the rules. As we said when we first wrote about this particular tool of obstruction in 2011:

Voting on a federal judicial nomination is an extremely serious responsibility and one that requires diligent research and thought. So if senators sincerely have questions that have not been answered, or genuine and substantial concerns about a nominee's fitness for the bench, then no one should begrudge them an extra few days to gather additional information.

But when Republicans exercise this option for every nominee, even those who are strongly supported by their home state Republican senators and have no opposition whatsoever, then their sincerity must be called into question.

But that was when Republicans were in the minority. It's one thing to always demand a delay when you're never the one to have scheduled the votes. It would be another thing altogether for Republicans to routinely ask for delay when they're the ones putting people on the schedule in the first place. Tomorrow's action may tell us what to expect for the next two years.

Two of the Texas nominees would fill vacancies that have been officially designated as judicial emergencies by the Administrative Office of U.S. Courts. One has been vacant just short of two years, and the other has been vacant since the end of 2012. (The other Texas seat has been vacant for "only" eight months, while the Utah one has been vacant for over a year.)

As for the nominees themselves, all four have the strong support of their home state senators, which is not unusual. But in this case, each of those home state senators is a Republican who is on the Judiciary Committee.

So will Sens. Cornyn, Cruz, Hatch, and Lee sit there and say nothing tomorrow if a vote on their nominees is delayed for no reason? Will Sen. Grassley start his chairmanship by insisting that committee votes be delayed even when he's the one to have scheduled them in the first place?

Tune in tomorrow.

UPDATE:  Thursday morning, Grassley held the nominees over, on the basis that it was their first time on the agenda.  In other words, "because we can."

PFAW

Patrick Leahy and This Year's Success on Judges

As we've noted, 2014 has been a year of striking success for judicial nominations, with the Senate confirming a total of 89 circuit and district judges this year. That's the most judges in a single year since 1994, when the Senate confirmed 99 of President Clinton's circuit and district court judges. And due to Republican obstruction, these were not "easy" votes, even though the vast majority of nominees were approved with little to no opposition. Except for 11 who were confirmed by voice vote in the closing minutes of the 113th Congress, Republicans required a cloture vote for every nominee and a roll-call confirmation vote for all but a few of them, meaning that every confirmation consumed a great deal of floor time. (In contrast, about 40% of George W. Bush's circuit and district court nominees were confirmed by unanimous consent or voice vote.)

This yearlong commitment to judges, especially toward the end when most senators just wanted to go home, greatly served the American people and the judicial system we all rely on to protect our rights and the rule of law. Majority Leader Reid rightly made this a priority.

But a special recognition goes to Patrick Leahy, the outgoing chairman of the Judiciary Committee. He and his staff worked hard to process nominees quickly and efficiently, even while Republicans sought to slow the process down for no reason (e.g., routinely insisting on delaying committee votes without need or explanation). Timely hearings and votes are a critical component of an efficient confirmation process. The 11 consensus nominees approved by voice vote at the very end of the 113th Congress were all approved by the Judiciary Committee during the lame duck, and three of them had their hearings at the beginning of the lame duck. This speaks to the chairman's commitment to filling the vacancies on our nation's courts.

But Leahy's contributions went far beyond the Judiciary Committee hearing room. He has regularly spoken out on the Senate floor on the importance of getting judges confirmed, exposing and condemning needless delaying tactics. He has spoken out in party caucus meetings and in one-on-one conversations with his Democratic colleagues. And he doesn't just speak in generalities: He is specific, always with an array of statistics at his command demonstrating his point.

So much of the work of the Senate goes on off camera, in the interactions among its members. Perhaps no one knows that better than Leahy, who has served in the Senate longer than anyone else there today. Our nation is reaping the benefit of his dedication and his talent, since the Senate has gotten the number of judicial vacancies down to below – well below, in fact – where they were when President Obama took office.

This year's success would not have happened without him.

PFAW

Ted Cruz Vows to Damage Texas Courts in Response to Obama's Immigration Action

In response to President Obama's upcoming action on immigration, Texas Sen. Ted Cruz has vowed to retaliate by sabotaging the federal court system in his own state.

No, that's not how he phrased it, but that would be the impact of his vow. Yesterday in Politico, Cruz wrote how he thinks the Senate should respond to the president's policy decisions on immigration enforcement:

If the president announces executive amnesty, the new Senate majority leader who takes over in January should announce that the 114th Congress will not confirm a single nominee—executive or judicial—outside of vital national security positions, so long as the illegal amnesty persists.

While such a refusal to perform one of the basic functions of the Senate would harm the entire nation, the damage in Texas would be particularly severe. No state has more judicial vacancies than the Lone Star State. No state even comes close.

As of today, Texas is suffering from eleven current federal court vacancies, with another four known to be opening in the next few months. The White House has worked closely with Sens. Cruz and Cornyn to identify potential nominees, but progress has been slow: Only six of the vacancies even have nominees; three of these have not yet had their committee hearings.

But the other three – for the Eastern and Western Districts – advanced through the Judiciary Committee this morning and are now ready for a confirmation vote by the full Senate. All three would fill vacancies formally designated as judicial emergencies by the Administrative Office of U.S. Courts. Confirming them would be a good start at addressing the vacancy crisis in Texas.

And that's what is it: a crisis. As we wrote earlier this month in a Huffington Post piece entitled Lame Duck Opportunity and Obligation: Confirm Judges:

The situation is even more dire in Texas, where the Senate has a chance to fill three vacancies in the Eastern and Western Districts. The Western District judgeship has been vacant since 2008, and the Judicial Conference has asked for five new judgeships there to carry the load on top of filling all the existing vacancies. Chief Judge Fred Biery discussed the need for new judges last year, saying, "It would be nice to get some help. We are pedaling as fast as we can on an increasingly rickety bicycle." Judge David Ezra, formerly of Hawaii, explained why he was moving to Texas to hear cases in the Western District: "This is corollary to having a big wild fire in the Southwest Border states, and fire fighters from Hawaii going there to help put out the fire."

The Eastern District of Texas is in similar need of getting its vacancies filled during the lame duck: Of the nation's 94 federal districts, only two have had more weighted filings per judgeship than the Eastern District, according to the Administrative Office of U.S. Courts' most recent statistics. Small wonder, then, that the Judicial Conference has asked for two new judgeships there: Even if every judgeship were filled, that just isn't enough. To make matters worse, two more judges in the Eastern District have announced their intention to retire or take senior status next year, making it all the more important to fill the current vacancies now.

Even if the three nominees are confirmed during the lame duck, as they should be, more vacancies in both of those districts will open up early next year. Texas would still have eight vacancies, a number that would rise to twelve in the next few months.

To express his fury at President Obama and rally his right-wing base, Cruz would work to make sure that all these vacancies remain unfilled, which would hurt a lot of innocent Texans.

PFAW

Welcome Back, Senate, It's Time to Get to Work

Today marks the beginning of the lame duck session of Congress, and the Senate has a lot to do this month and next to meet its basic constitutional obligations to ensure that the federal government is actually able to function. While that entails headline-grabbing matters like passing a spending resolution to keep the government open, it also entails confirming nominees to critically important executive and judicial positions. For instance, a confirmation vote on Surgeon General nominee Vivek Murthy, which has been delayed for months, is long overdue. The Senate also has time to fill vacancies at the National Labor Relations Board, the Department of Housing and Urban Development, the Equal Employment Opportunity Commission, and the Department of Education, among others.

And the Senate can and should vote on at least 24 district court judicial nominees. Sixteen district court nominees are already pending on the Senate floor, all of whom could have easily had a vote back in September, if not earlier. Another eight district court nominees are scheduled for committee approval tomorrow, although many people expect Republicans to demand a delay until next week.

But even with that committee delay, history shows there should be more than enough time in the next few weeks to confirm all of these district court nominees.

President George W. Bush's confirmed district nominees waited on average only a month after committee approval before getting a floor vote. In fact, half of Bush's district court judges waited only three weeks or less after committee approval, a figure that has plummeted to 2% for President Obama's district court judges. Treating Obama's nominees like Bush's would give the Senate plenty of time to do its job.

It's also worth noting that in the fall of 2008, at the twilight of the Bush presidency, the Democratic Senate still made a point of ensuring votes on his district court nominees. On September 26, 2008, the Senate confirmed by unanimous consent ten district court nominees who had been cleared by the Judiciary Committee only the day before. In fact, the Judiciary Committee had voted on them all within two weeks of their hearing, half of them within two days of their hearing. Republicans did not move to block or delay those nominees.

So don't let anyone tell you there isn't time for the Senate to confirm nominees during this lame duck session and still get its other work done. It is only the double standard that Senate Republicans apply to President Obama's nominees that will require Democrats to jump through so many procedural hoops in order to hold confirmation votes. But this year or next, the GOP's unceasing obstruction tactics should not be accepted as business as usual.

PFAW

Lame Duck Opportunity and Obligation: Confirm Judges

Cross-posted from The Huffington Post.

During the upcoming lame duck session, the Senate has an opportunity to finish up a critically important task where they can act quickly by unanimous consent or voice votes: Confirming two dozen judicial nominees.

The GOP's behavior during their last few weeks as the minority party will be very telling. Before taking over the chamber next year, will they allow the Senate to do its job and confirm nominees? Or will Republicans continue their pattern of obstructing or delaying action on highly qualified nominees – even ones recommended to the White House by GOP senators – just because Democrats support them? This may give Americans some insight on whether Senate Republicans plan to use their newfound majority next year in a constructive manner, or whether they will continue to put destructive partisanship above the nation's welfare.

In September, senators left town without voting on any of the 16 district court nominees who had already been fully vetted by the Judiciary Committee and advanced to the Senate floor. Another eight district court nominees had their hearings in September and will be ready for committee approval the week the Senate returns, so the full Senate will be able to hold votes for them, as well. That's at least 24 district court vacancies that could be filled during the lame duck.

Eight of these would fill vacancies in three states – Texas, Georgia, and Kentucky – where the need is so great that the Administrative Office of U.S. Courts has formally designated them as "judicial emergencies." All three of these states are represented by Republican senators, including the future Majority Leader.

In the Northern District of Georgia, the workload has gotten so high that even if the nominees were confirmed tomorrow, it would not be enough to ensure Americans their day in court. That is why the nonpartisan Judicial Conference of the United States has urged Congress to create two new judgeships there.

The situation is even more dire in Texas, where the Senate has a chance to fill three vacancies in the Eastern and Western Districts. The Western District judgeship has been vacant since 2008, and the Judicial Conference has asked for five new judgeships there to carry the load on top of filling all the existing vacancies. Chief Judge Fred Biery discussed the need for new judges last year, saying, "It would be nice to get some help. We are pedaling as fast as we can on an increasingly rickety bicycle." Judge David Ezra, formerly of Hawaii, explained why he was moving to Texas to hear cases in the Western District: "This is corollary to having a big wild fire in the Southwest Border states, and fire fighters from Hawaii going there to help put out the fire."

The Eastern District of Texas is in similar need of getting its vacancies filled during the lame duck: Of the nation's 94 federal districts, only two have had more weighted filings per judgeship than the Eastern District, according to the Administrative Office of U.S. Courts' most recent statistics. Small wonder, then, that the Judicial Conference has asked for two new judgeships there: Even if every judgeship were filled, that just isn't enough. To make matters worse, two more judges in the Eastern District have announced their intention to retire or take senior status next year, making it all the more important to fill the current vacancies now.

(Senators also have another opportunity to help the people of Texas: Three nominees for the Southern District will likely have their committee hearings this month. Nominated by President Obama upon the recommendation of Sens. Cornyn and Cruz, these nominees can get a timely committee vote if the GOP cooperates, making them eligible to join the others on the Senate floor. Two of these vacancies are judicial emergencies, but even if they are filled, the Judicial Conference recommended that Congress create an additional two new judgeships to bring the Southern District up to an acceptable level of efficiency.)

There is no reason not to allow the Senate to vote on the judicial nominations before it. In fact, a number of Republican senators are on record supporting specific nominees from their state who they had recommended to the White House. For instance, back in June, Wisconsin's Ron Johnson urged "swift confirmation" for nominee Pam Pepper. Last spring, Pennsylvania's Pat Toomey said he would work to make sure that four nominees from the Eastern District would be confirmed "as soon as possible." During the summer, Illinois' Mark Kirk said he would "urge the full Senate to swiftly approve" John Blakey, who is expected to be approved by the Judiciary Committee later this month.

In past years, when the Senate was a more functional body, confirmation votes for district court nominees were regularly held by unanimous consent or voice vote, taking a few seconds or minutes at most. That includes during lame duck sessions.

For instance, after the 2002 midterms, even though Senate Democrats had lost control of the chamber in the elections, they worked closely with Republicans during the lame duck session to make sure that 20 of President George W. Bush's judicial nominees got confirmed. These included a highly controversial circuit court nominee who was confirmed by a 55-44 roll call vote. The other 19 were confirmed by voice vote, 18 of them on the same day. In 2014, as in 2002, the Senate can voice-vote all the consensus nominees and hold roll-call votes on the handful who may have some opposition.

If the majority is allowed to hold confirmation votes on the nominees who have been fully vetted and approved by the Judiciary Committee, this will finally let the president reduce the number of vacancies in America's court system to what it was when Bush left office. Republicans should cooperate in this endeavor rather than try to frustrate it. After all, this is basic governance, and something the Senate can do easily and quickly.

Will this happen without a fight? While we don't know for sure, recent GOP actions are not encouraging. For nearly a year, Republicans have filibustered every single judicial nomination without exception, even when they support the nominee. Obstruction continues even after the cloture vote. Absent unanimous consent to do otherwise, Senate rules require a period of "post-cloture debate" after a filibuster is broken: 30 hours for circuit and two hours for district court nominees. Since the rules also let the Democrats cede their half of the two-hour period for district court nominees, those post-cloture periods can be shortened. In recent months, Democrats and Republicans have often agreed to hold confirmation votes the day after the cloture votes without actually requiring that floor time be devoted to post-cloture debate on the nominee. This is what passes for GOP "cooperation" these days: A roll-call cloture vote with near-uniform Republican opposition, a delay of at least a day, and then a time-consuming roll-call confirmation vote for a nominee who usually has overwhelming if not unanimous bipartisan support.

The Constitution assigns to the Senate the job of deciding whether to confirm the president's judicial nominees. When the Senate is prevented from acting on this basic task in a timely manner, the entire third branch of the United States government atrophies. Americans are justly proud of our judicial system, which we count on to guarantee fairness and justice for all. It is not a controversial or partisan position to state that our courts should be staffed. And it should not be a controversial or partisan position to say that the Senate should be allowed to vote by year's end on whether to confirm the two dozen judicial nominees whose time would be better spent hearing cases rather than waiting out partisan senators.

PFAW

Don't Forget (And Don't Let Anyone Else Forget): The Courts are on the Ballot this November!

The fight to keep the Senate blue this November is critical to a slew of progressive issues – from immigration reform to voting rights, women’s health to LGBT equality. But the greatest risk of a Republican Senate could be an issue that gets far less mainstream attention: judicial and executive nominations.

Senate Republicans have a well-established track record of obstructing President Obama’s nominees for judicial and executive branch appointments. This past April, PFAW held a member telebriefing to discuss GOP obstruction tactics, such as delaying confirmation hearings and forcing time-consuming cloture votes. While the Senate made significant progress in recent months in filling critical vacancies, a staggering 153 judicial and executive nominees currently await confirmation votes in the Senate, and judicial vacancies continue to have real consequences for Americans nationwide. Republicans want a federal court system dominated by right-wing ideologues who issue poorly reasoned decisions that cause devastating harm to real people, rather than ones who adhere to the law and our constitutional principles. They have used their power as the minority to engage in unprecedented obstruction. But their ability to keep the executive and judicial branches of the United States government from functioning effectively would be amplified immensely should they control the Senate.

In an article this week addressing this potential threat to the nominations process, Talking Points Memo quoted congressional scholar Norm Ornstein as saying that a GOP-controlled Senate “means the ability of Obama to get any judicial nominations through becomes about zero.” And the people at Talking Points Memo aren’t the only ones to take note. Right-wing talk radio personality and American Family Association spokesperson Bryan Fischer told listeners today that the 2014 election is critical for conservatives because President Obama “is going to try to stack and pack every circuit court in the country.”

“This election in November is huge, because whoever controls the Senate now is going to be in control of every single nomination to the federal bench for the next few years,” said Fischer, who alleged that there is an “overwhelming preponderance of Obama acolytes” on federal courts.

There are countless reasons for progressives to turn out to the polls this November 4, and little doubt in our minds that the fight to keep the Senate blue will be a tough one. But the potential for continued judicial and executive vacancies that could result from a Republican-controlled Senate – and could have serious, negative consequences on the capacity of our judicial and executive branches of government -- is especially onerous.

PFAW

GOP Forces Cloture Petition on 100th Obama Judicial Nominee

Yesterday, in what has become standard operating procedure in the era of Republican obstruction, Senate Majority Leader Reid had to file a cloture petition to end the silent filibuster of a judicial nominee. Like many others who have required cloture, 11th Circuit nominee Jill Pryor doesn't face any real opposition. In fact, she was approved unanimously by the Judiciary Committee.

Pryor is the 100th Obama judicial nominee to need a cloture petition (as compared to 18 for the entire Bush Administration). (Since some cloture petitions before this year were cleared up without the need to hold a cloture vote, Pryor will be the 76th Obama judicial nominee rather than the 100th to have a cloture vote.)

In 2014, not one judicial nominee has been able to get a confirmation vote without first needing a cloture vote to break a Republican filibuster. Think about it: Republicans have refused to consent to even one judicial confirmation vote this year. The great progress Americans have seen during the past few months in getting judges confirmed has been in spite of GOP obstruction, not because of GOP cooperation.

Not that they have any problems with the nominees, most of whom are ultimately confirmed with overwhelming and often unanimous Republican support. So rather than confirming blocks of nominees in quick voice votes or by unanimous consent, the Senate is forced to hold time-consuming roll-call cloture and confirmation votes for each individual nominee (often with hours of time required between the two votes). At least during President Obama's first term, a number of cloture petitions were vitiated, meaning that Republicans eventually allowed a confirmation vote without the need for a cloture vote. But that doesn't happen anymore.

The Republican goal is what it has been since President Obama took office: Gum up the works and keep vacancies open as long as possible in order to minimize the president's impact on the nation's judiciary, and in order to maximize opportunities for a Republican president to fill the bench with right-wing ideologues. Senate Democrats are right to fight the obstruction and to allow the Senate to fulfill its constitutional responsibility of keeping our nation's courts functioning.

Just imagine the damage to our courts if Republicans control the Senate – and the confirmation process – during President Obama's last two years.

PFAW