Back in December, The New York Times’ Linda Greenhouse wrote a great article explaining how the National Rifle Association has worked in concert with Republican senators to oppose many of President Obama’s federal judicial nominees – usually without anything close to a legitimate reason. The NRA’s “symbiotic relationship with the Republican Party,” Greenhouse wrote, led the group to oppose judicial nominees like Sonia Sotomayor, who had next to no record on the Second Amendment, and the party to chip in when the NRA didn’t like a nominee.
It is that symbiotic relationship that succeeded in sinking the nominations of two highly qualified women to federal courts this week. Both were unquestionably qualified and well-respected in legal circles. The NRA and the Senate GOP went after both for completely unfounded reasons.
Caitlin Halligan was President Obama’s nominee to fill one of four vacancies on the hugely influential Court of Appeals for the D.C. Circuit. Never mind that she had broad bipartisan support and sterling credentials. She had once represented a client, the state of New York, in a lawsuit against gun manufacturers. Back when John Roberts was being considered for the Supreme Court, Senate Republicans said that judicial nominees shouldn’t be held responsible for positions they took as lawyers on behalf of clients. But no matter. Senate Republicans twice voted to filibuster her nomination – most recently on Wednesday – never even allowing her an up-or-down vote.
Then today, Nevada District Court nominee Elissa Cadish withdrew her nomination over one year after she had been selected by President Obama. Her story was similar. Filling out a questionnaire in 2008, Cadish stated that under then-current law, the constitutional right to bear arms didn’t apply to individual citizens. She was correct. Two months later in a 5-4 opinion, the Supreme Court established for the first time that the Second Amendment does contain that right. Cadish made clear that she understood, and would follow, the new Supreme Court precedent.
But no matter. The NRA targeted Cadish and Nevada Sen. Dean Heller used a little-known Senate practice to keep her from ever even getting the chance to explain her views in front of the Judiciary Committee. Under committee procedures used by Chairman Patrick Leahy as a courtesy to his colleagues, a nominee is not granted a hearing unless both of her home-state senators give permission in the form of a “blue slip.” Heller simply refused to sign the blue slip for Cadish, thus single-handedly sinking her nomination.
The flimsiness of the arguments against Cadish and Halligan, and the fact that much of the opposition took place behind the scenes (in the case of Cadish without even a public hearing), betrays the real reason the NRA and the GOP were working to keep these women off the federal bench. They just don’t want President Obama to be nominating federal judges.
People For the American Way today sent letters to members of the U.S. Senate urging them to vote to confirm Caitlin Halligan to sit on the Court of Appeals for the District of Columbia Circuit. The full text of the letter:
March 4, 2013
United States Senate
Washington, DC 20510
On behalf of the hundreds of thousands of members of People For the American Way, we write to express our strong support for the confirmation of Caitlin Halligan to the U.S. Court of Appeals for the District of Columbia Circuit. With a fourth seat on this 11-member court becoming vacant, the urgency of confirming Halligan becomes even more pressing.
Caitlin Halligan is supremely qualified with a broad level of support in the legal, women’s and law enforcement communities. Currently the General Counsel for the Manhattan District Attorney's Office, she also spent six years serving as New York State's Solicitor General. She is a nationally respected litigator who has earned the ABA's highest possible evaluation of her qualifications.
Her career shows that she recognizes that protecting individuals, their families, and their entire communities requires not only tough prosecution, but tough prosecution done fairly. So while she shares management responsibility for the Manhattan DA's Special Victims Bureau (which prosecutes those involved in child abuse, rape, domestic violence, and elder abuse), she also has been instrumental in the DA's Conviction Integrity Program, which seeks to prevent and correct wrongful convictions.
Her nomination has the support of numerous law enforcement individuals and organizations, including Robert Morgenthau (former DA of Manhattan), Raymond Flynn (New York City's Police Commissioner), the National District Attorneys Association, the New York State Sheriffs’ Association, the New York State Association of Chiefs of Police, and New York Women in Law Enforcement.
The best judges understand keenly how the law affects ordinary people. Halligan has worked to help economically disadvantaged families throughout her career. Even before law school, she worked at Georgians for Children, a statewide public policy organization that focuses on issues related to impoverished children and families. Over the years, she has engaged in pro bono work and community service projects that focus on families with the greatest needs. For example, she represented victims of Hurricanes Katrina and Rita who were at risk of losing their housing assistance.
In its 120-year history, the DC Circuit has had a grand total of five women judges. Halligan clerked for the first of those, trailblazer Patricia Wald, and she would be the sixth if confirmed. The National Conference of Women's Bar Associations, the Women's Bar Association of the District of Columbia, the National Center for Women and Policing, and the U.S. Women's Chamber of Commerce are just some of the women's organizations that are supporting her nomination.
Halligan has received the highest possible rating of her qualifications from a unanimous panel of the ABA’s nonpartisan Standing Committee on the Federal Judiciary. She has also received the strong support of a bipartisan group of renowned appellate advocates, including Miguel Estrada (Assistant to the Solicitor General under President George W. Bush and former nominee to this same court), Seth Waxman (Solicitor General under President Clinton), Carter Phillips (Assistant to the Solicitor General under President Reagan), and Walter Dellinger (Solicitor General under President Clinton).
A nominee with such sterling credentials and strong support from a broad range of the legal community is exactly the kind of mainstream, talented, and fair jurist we need on the federal bench.
The seat to which Halligan has been nominated has been vacant since 2005. In fact, the 11-member DC Circuit has lost three additional active judges since 2008. None of those judges has been replaced. Not surprisingly, this has had a serious impact on the caseload for the judges who are left. The Senate’s confirmation of George W. Bush nominee Thomas Griffith to the eleventh seat in 2005 resulted in there being approximately 121 pending cases per active judge. When the Senate debated Halligan’s nomination in 2011, that number had climbed to about 146 pending cases per active judge. Last month, with Judge Sentelle taking senior status, that number has now increased to about 188 cases per active judge, according to the most recent data on pending cases made available by the Administrative Office of U.S. Courts.
Caitlin Halligan has excelled throughout her career. With yet another vacancy opening up on the DC Circuit just last month, the need for someone of her caliber on the bench is greater than ever before. Her nomination deserves a vote on the Senate floor, and she should be confirmed to the DC Circuit.
Executive Vice President for Policy and Program
People For the American Way
Senior Legislative Counsel
People For the American Way