President Obama will end his second term with more vacancies on the federal courts than there were when he started. Today there are 99 vacancies on the federal circuit and district courts, 33 of which are for courts that are so busy that they’ve been officially designated “judicial emergencies.” This glut of vacancies is in large part due to Senate Republicans’ persistent obstruction of the president’s nominees – even the ones from their own states who they purportedly support. During President Obama’s first term, judicial nominees have had to wait on average three times as long after committee approval for a vote from the full Senate as did nominees in President George W. Bush’s first term.
But some vacancies are due to a less well-known but all too common delay at the very start of the nominations process.
Before he makes a nomination to the federal judiciary, President Obama asks senators from the state where the vacancy has occurred to present him with recommendations. It’s a way to identify nominees from any given state and to ensure home-state, often bipartisan, support for nominees. The problem is, senators from both parties have too often dragged their feet in recommending acceptable nominees, leading to often years-long vacancies in the federal courts.
These vacancies exist despite the fact that most federal judges give months, sometimes even a full year of notice before retiring or taking senior status (semi-retirement) so that a replacement can be found.
This week, senators from Colorado and New Mexico showed how the process is meant to work – and how it would work, if all senators followed their lead.
In Colorado, district court judge Wiley Daniel announced last winter that he would be leaving his seat in January 2013. Colorado senators Mark Udall and Michael Bennet set up a bipartisan commission to find qualified nominees for the seat in a timely manner. They then recommended a set of finalists to the White House, which in turn nominated Raymond P. Moore on Tuesday, before the seat he would fill becomes vacant. Of the 18 future vacancies currently listed by the Administrative Office of U.S. Courts, Colorado is one of only two states with a nominee.
In New Mexico, Judge Bruce Black announced in June that he would be leaving the court in October, just a few short months. So New Mexico’s senators, Tom Udall and Jeff Bingaman, announced their bipartisan commission that very day, leading to the president’s nomination yesterday of Kenneth John Gonzales to fill the vacancy.
There is no excuse for seats on the federal courts to be left open for years, as caseloads multiply and litigants face delays. The senators from Colorado and New Mexico showed how the front end of the judicial nominations process can be efficient and fair.
If you were casting a ballot in South Carolina last Tuesday, your wait to vote may have been four hours. In Florida, it might have been seven. If you were voting in Hawaii, you may have gone to one of the nineteen polling places that ran out of paper ballots. President Barack Obama noted in his victory speech that many Americans waited in long lines and, as he stated, “we have to fix that.”
Just nine days after Election Day, Senator Chris Coons (D-Del.) has taken a first swing at that fix. Coons proposed a bill yesterday that would reform many of the country’s election procedures. His proposed legislation, the Louis L. Redding Fair, Accurate, Secure and Timely (FAST) Voting Act of 2012, would provide federal grants to states that make voting faster and more accessible. The bill includes provisions for same-day registration, early voting, and reducing how long voters must wait at poorly-performing voting facilities.
As Sen. Coons noted in a statement: “Long lines are a form of voter disenfranchisement, a polling place running out of ballots is a form of voter suppression, and making it harder for citizens to vote is a violation of voters’ civil rights.” And these problems at the polls tend to disproportionately affect African American and Latino voters.
The Washington Post points out that it is less a matter of fixing a voting system but more an issue of fixing thousands of voting systems. They note that with Congress, states, and local officials all playing roles, there is no single entity that oversees voting in the country. This may complicate the process of developing solutions.
Nevertheless, it is welcome news that national leaders are focusing on this issue. It was inspiring to see millions of Americans willing to spend hour after hour on line to vote, many of them likely knowing that the lines were an intentional result of plans to prevent them from voting. Every single voter on Election Day should be confident that their ballot will be cast in a timely manner and that their voice will be heard. Anything less is undemocratic -- and unacceptable.
Earlier this week, PFAW’s Right Wing Watch caught this rant by American Family spokesman and all-purpose bigot Bryan Fischer, who declared on his radio program that American Latinos voted Democratic in record numbers this year because “they want big government goodies.”
Hispanics are not Democrats, don’t vote Democrat, because of immigration. That’s not the main reason why they vote for Democrats. It doesn’t have anything to do with lax immigration policy. It has to do with the fact that they are socialists by nature. They come from Mexico, which is a socialist country. They want big government intervention. They want big government goodies. It’s primarily about that.
Now, they want open borders, make no mistake, because they’ve got family and friends that they want to come up and be able to benefit from the plunder of the wealth of the United States just as they have been willing to do. Republicans can pander all they want to Hispanics, to immigrants, and it will not work. There is no way on Earth you’re going to get them to leave the Democratic party, it’s one reason we’ve got to clamp down on immigration.
Fischer’s racist diatribe echoes generations of right-wing innuendo about “handouts” for minorities. It also, as it happens, lines up pretty closely with the worldview of 2012 Republican presidential nominee Mitt Romney. In a call with donors today, Romney blamed his presidential loss on the “gifts” President Obama offered to African Americans, Latinos, women and young people. What “gifts” did he mean? Universal health care, contraception coverage, college loans and the DREAM Act.
The New York Times reported on the call:
A week after losing the presidential election to President Obama, Mitt Romney blamed his overwhelming electoral loss on what he said were big “gifts” that the president had bestowed on loyal Democratic constituencies — including young voters, African-Americans and Hispanics.
In a conference call on Wednesday afternoon with his national finance committee, Mr. Romney said that the president had followed the “old playbook” of wooing specific interest groups — “especially the African-American community, the Hispanic community and young people,” Mr. Romney explained — with targeted gifts and initiatives.
“In each case they were very generous in what they gave to those groups,” Mr. Romney said.
“With regards to the young people, for instance, a forgiveness of college loan interest, was a big gift,” he said. “Free contraceptives were very big with young college-aged women. And then, finally, Obamacare also made a difference for them, because as you know, anybody now 26 years of age and younger was now going to be part of their parents’ plan, and that was a big gift to young people. They turned out in large numbers, a larger share in this election even than in 2008.”
“You can imagine for somebody making $25,000 or $30,000 or $35,000 a year, being told you’re now going to get free health care, particularly if you don’t have it, getting free health care worth, what, $10,000 per family, in perpetuity, I mean, this is huge,” he said. “Likewise with Hispanic voters, free health care was a big plus. But in addition with regards to Hispanic voters, the amnesty for children of illegals, the so-called Dream Act kids, was a huge plus for that voting group.”
Sure, Bryan Fischer is more willing than Mitt Romney to say outright racist things. But the content of what they’re saying is pretty much the same. Bill O’Reilly put it even more clearly when he opined that “traditional America” was being lost to people of color who “want stuff.”
I have to guess this is not going to be the way for Republicans to win back non-white voters, women and young people, all of whom have been fleeing their party in droves.
In the last few weeks and months we’ve already seen the Right employ some outrageous dirty tricks to suppress the vote.
The job of election officials should be to make sure every eligible voter who shows up to cast a ballot can do so and have that vote count. But we’ve seen numerous right-wing secretaries of state and county election supervisors instead take it upon themselves to act as partisan operatives, placing their thumb on the scale to benefit their party’s candidates. And right-wing political operatives and activists have been using various tools to confuse, misinform and intimidate voters.
This is just what we’ve seen so far. Who knows what we’ll see in the final days leading up to Election Day and on Election Day itself!
Here are the Top 11, in no particular order:
In addition to the voter suppression tactics on this list, instances keep popping up of voters receiving confusing or incorrect voting information from state voting authorities. We’re not listing it as a dirty trick because there’s no evidence of intent to disenfranchise, the states simply claim incompetence, and these are primarily the same states – run by Republicans – that have just had major changes to voting requirements. But the result for voters is the same, and we’ll let you draw your own conclusions.
And finally, we urge the Department of Justice to keep a close eye on this election, both to prevent voter suppression and to make sure votes are counted properly. There have been widespread problems with certain types of electronic voting machines and vote counting machines reported over several election cycles. In this election, there’s an appearance of severe impropriety in that many voting machines, including many used in the all-important swing state of Ohio, have been provided by a company that is essentially part owned by Tagg Romney as well as some of the largest donors to Mitt Romney’s presidential campaign.
Democracy should be free of the suspicion created by the corporate entanglements of the business interests of candidates, their families or their closest supporters.
Read more about the Right’s campaign to keep millions of Americans from the ballot box here.
And help PFAW overcome the Right’s dirty tricks to STOP Mitt Romney, Paul Ryan and extremist Tea Party candidates at every level with a donation today.