harry reid

Harry Reid Moving Judicial Nominations Forward, Despite Republican Obstruction

Senate Majority Leader Harry Reid filed cloture yesterday on the nomination of John B. Owens to a seat on the US Court of Appeals for the Ninth Circuit—one that has been declared a judicial emergency and which has been vacant for almost 10 years. This moves forward the Senate judicial confirmations process that has been relentlessly slowed down by GOP obstruction. In an atmosphere of constant delays, it is commendable that Sen. Reid is taking action to get nominees confirmed, especially circuit court nominees.

Because of obstruction by Senate Republicans, nominations for the circuit court have been made particularly cumbersome. As we explained last month, if Senators refuse to provide “unanimous consent” to schedule a vote, Sen. Reid is forced to file a cloture petition to allow a yes or no vote on the nominee. Once cloture is invoked,  Senate rules allow the minority to insist on “post-cloture debate”— up to 30 hours for circuit court nominees.

With six circuit court nominees now on the Senate calendar, (including the most recent addition, Fifth Circuit nominee Gregg Costa, who was recommended unanimously by the Senate Judiciary Committee this morning) and more in the pipeline, Republicans can tie the Senate up for 180 hours of needless “post cloture debate” – that is weeks of floor time that could be spent doing something useful. Time is growing short to get them all confirmed by the end of the year. One easy answer is for Senate Republicans to forego their delaying tactics and permit the Senate to both confirm judicial nominees and perform the other important work waiting to be done. Until that happens, Sen. Reid should be applauded for pushing the process forward.

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Senate to Hold Cloture Votes on TN and AR Judicial Nominees

Early this week, the Senate is scheduled to hold cloture votes on four judicial nominees, including Timothy Brooks, nominee for the Western District of Arkansas and Pamela Reeves, nominee for the Eastern District of Tennessee. Brooks and Reeves have been waiting for confirmation votes on the Senate floor since October 31 and November 14, respectively.

As we noted earlier this month, Republicans are routinely delaying nominations on the Senate floor by requiring Democrats to invoke cloture on every single judicial nominee and then piling on hours of unneeded “post-cloture debate” for each nominee who is called up for a vote. This practice creates a weeks-long backlog of nominees awaiting votes and prevents the Senate from moving on to other business. Nominees like Brooks and Reeves could have been confirmed within minutes after they were sent to the Senate floor last year. Instead, both of these nominations were sent back to the  president in early January at the end of the first session of the 113th Congress to be re-nominated. After further needless delays in Committee, the nominees were finally placed on the Senate calendar only to wait an additional two months for consideration.

After the Senate has finally worked through the backlog of nominees to get to the Arkansas and Tennessee vacancies, Republicans are throwing up additional roadblocks, forcing Senator Reid to file cloture petitions, which will further delay their consideration. These nonsensical delays of well qualified nominees undermine the public’s faith in the Senate and create hardship for those seeking justice in the courts.

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Reid Calls Out Republicans on Obstruction of Judicial Nominees

On Tuesday, Senate Majority Leader Harry Reid (D-Nev.) responded to Sen. Chuck Grassley’s (R-Iowa) absurd claim that this Congress has done well in confirming judicial nominees. In fact, Republicans have not consented to even one judicial confirmation vote since November. The few votes that have been held since then have been over GOP filibusters. Unfortunately, Senate rules allow them to demand hours of needless “post cloture debate” after every cloture vote, so it could take weeks and weeks of Senate floor time to get through all the nominees waiting for a simple yes-or-no vote.

Reid was quick to voice that the confirmation process has been unnecessarily delayed by GOP obstruction:

Everyone knows that we are in this situation because of Republicans slow-walking every nomination—every nomination. There is no reason, no reason whatsoever that we are having votes on cloture on these judges.

“It is a waste of the taxpayers’ time to go through the process we’ve been going through.

Reid, aware of the prolonged time they will spend clearing the backlog due to these procedural delays, promised that they will get through filing cloture on all of the nominees.

If that’s what the Republicans want us to do, then that’s what we’ll do. The American people will see this colossal waste of time that we’ve been going through.

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Where is Speaker Boehner hiding all the good bills like ENDA?

Senators who stood on the right side of history and voted for passage should be thanked. Senators who stood with anti-gay extremists should hear your disappointment. There are more instructions here and here, and you can always reach them by dialing 202-224-3121. As we move on to the House, if you have not added your name already, sign our petition now to keep the pressure on all of Congress to pass ENDA. The time is now!
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Senators Pryor and Manchin join list of ENDA supporters, contact your senators now

ENDA and workplace fairness for all have a clear majority on their side, but every vote is still critical. Thank those already in support for protecting LGBT workers. Tell those who aren't yet on board to say yes to common sense and no to anti-gay extremists.
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Senator Nelson cosponsors ENDA, leaves 3 votes to go, contact your senators now

Every vote will be critical to passage. Thank those already in support for protecting LGBT workers. Tell those who aren't yet on board to say yes to common sense and no to anti-gay extremists.
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Leader Reid announces ENDA vote – contact Senate now

Every vote will be critical to passage. Thank those already in support for protecting LGBT workers. Tell those who aren't yet on board to say yes to common sense and no to anti-gay extremists.
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McConnell Bobs and Weaves on Judicial Nominations

McConnell tries & fails to justify filibuster of DC Circuit nominee Srinivasan, and throws a GOP-supported 10th Circuit nominee under the bus in the process.
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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, the current debate on the role of guns in society has led to a variety of legislative responses in D.C. and across the nation.
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GOP Bad Faith on the Pace of Confirmations

Since a bipartisan agreement on judges ended in May, the rate of confirmations that Republicans have consented to has plummeted.
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Senators Hear from Americans Concerned about the Courts

Senators saw the grass roots energy behind Americans’ commitment to our nation’s system of justice.
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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.
 

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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.
 

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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.
 

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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.

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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.

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Senate Majority Leader Harry Reid Files Cloture on DREAM Act

Because, thanks to the ongoing GOP obstruction in the Senate, virtually nothing can get done without a time consuming cloture vote, Senate Majority Leader Harry Reid filed cloture late yesterday on the motion to begin debate on the DREAM Act. If passed, the legislation would allow undocumented immigrants who were brought to the United States as children to gain legal status and a path to citizenship if they attend college or join the armed forces.

The Brookings Institution gives a rundown of what the legislation includes:

The Development, Relief and Education of Alien Minors (DREAM) Act would offer conditional citizenship to a specific group of young individuals. To gain conditional status under the DREAM Act one must have entered the United States before the age of 16, been in the country continuously for five years, earned a high school diploma (or GED) and not committed any crimes that would otherwise restrict someone from entering the country. During a six-year period of conditional status, this group will have been required to complete two years in uniformed service or two years enrolled at an institution of higher learning, and must pass a second criminal background check before being considered for full citizenship. It should also be noted that the DREAM Act only applies to young people currently in the country so that it will not encourage additional families to bring children to the U.S. looking for benefits.

The bill seems to have plenty of support. Orrin Hatch, Sam Brownback, Susan Collins and Olympia Snowe have all supported it in the past. But when it comes to Republican obstruction, good policy takes a backseat to good politics.

By filing the cloture petition, Reid will be able to hold the vote on cutting off debate and then proceeding to consideration of the bill on Wednesday. We’ll keep you posted as the issue moves forward.

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Service chiefs testify, Levin closes, McCain persists, Brown declares

The Senate Armed Services Committee closed its two days of hearings on the Pentagon’s Don’t Ask, Don’t Tell report with the testimony of the chiefs of the various armed services. While there is some disagreement as to when and how, the general consensus was that repeal can and should be implemented. Even General James F. Amos, Commandant of the Marine Corps, who has expressed his opposition publicly on numerous occasions, “think[s] it will be repealed eventually. I just ask for the -- the opportunity to be able to do it with my forces when they're not singularly focused on combat.”

If the effective date really is the sticking point, that has already been addressed in the proposed legislation, which requires President Obama, Defense Secretary Robert Gates, and Joint Chiefs Chairman Admiral Mike Mullen to certify that repeal is consistent with military readiness, effectiveness, unit cohesion, and recruiting. Secretary Gates has made “absolutely” clear that he “will not certify until [he] feel[s] that the process can move forward without any damage to the safety and security of our men and women that are serving, number one, and that our battle effectiveness will not be jeopardized, number two.” Moreover, “before the certification is signed, everything has to be done to get ready. It's not something that I would start, that I would certify while it was still in process as it were.”

Senator Levin, Chairman of the Committee, was quick to point out that “you have to repeal before the implementation stage comes.” Implementation will take considerable thought and time, but there will be nothing to implement if Congress doesn’t first act on repeal.

Senator McCain is still insisting that he needs more time. He needs to talk to more people. And don’t forget his warning that “the problem with the defense authorization bill isn't confined to the "don't ask/don't tell" issue.” This is another case of putting the cart before the horse. You can’t implement repeal if there is no repeal. And you can’t fix the “problems” with the Defense bill, you can’t even discuss them, if the bill is not allowed to come to the floor. Senator Levin: “The place to address the kind of issues which Senator McCain raises is on the floor of the Senate. There are issues, of course, in any defense authorization bill that come[s] out of committee. And the only way those issues can be addressed is to debate them, resolve them in the Senate.”

Now the final push begins to bring up that Defense bill and ensure that repeal becomes law in 2010. Senator Scott Brown, a target of repeal supporters and opponents alike, removed one stumbling block today with the announcement of his position. Or did he?

I have been in the military for 31 years and counting, and have served as a subordinate and as an officer. As a legislator, I have spent a significant amount of time on military issues. During my time of service, I have visited our injured troops at Walter Reed and have attended funerals of our fallen heroes. When a soldier answers the call to serve, and risks life or limb, it has never mattered to me whether they are gay or straight. My only concern has been whether their service and sacrifice is with pride and honor.

I pledged to keep an open mind about the present policy on Don’t Ask Don’t Tell. Having reviewed the Pentagon report, having spoken to active and retired military service members, and having discussed the matter privately with Defense Secretary Gates and others, I accept the findings of the report and support repeal based on the Secretary’s recommendations that repeal will be implemented only when the battle effectiveness of the forces is assured and proper preparations have been completed.

Senator Brown’s support is welcome news. But important questions remain, as reported by Greg Sargent for the Washington Post (The Plum Line).

One important question: How does this square with Mitch McConnell's letter vowing that the entire GOP caucus would stand in unison against DADT repeal and everything else Dems want until the standoff over the Bush tax cuts and funding the government are resolved? If Brown confirms he will vote for cloture on the Defense Authorization Bill containing DADT repeal, irrespective of whether a deal is reached on the tax cuts, it makes McConnell's threat look pretty empty.

Keep an eye on the remaining moderates. More when I learn it.

UPDATE, 1:32 p.m.: One other quick point. It's one thing for Senator Brown to say he supports repeal in general. What needs to be established is whether Brown's vote for repealing DADT is contingent on Harry Reid jumping through a whole bunch of procedural hoops that some GOPers have demanded. More on that when I get it, but for now, this is clearly a positive step.

Whatever the answers may be, the fight is certainly not over. Click here to contact your Senators.

An archive of today’s webcast is available here.

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Former Bush Lawyer: Stop Partisan Bickering and Confirm Liu

The Blog of the Legal Times is reporting that Senate Majority Leader Harry Reid is planning to call Senate Republicans on their obstruction of judicial nominees and break the gridlock that has kept four of these nominees pending, in some cases for over a year. Reid will attempt to stop the Republican filibuster of Ninth Circuit nominees Goodwin Liu and Edward Chen, Rhode Island District Court nominee John McConnell, and Wisconsin District nominee Louis Butler. 

This is a critical moment for these nominees, who despite support from their home-state senators and endorsements across the ideological spectrum, have for various reasons been branded as “too extreme” by obstructionist Republicans in the Senate. McConnell has been up against an expensive lobbying campaign from the Chamber of Commerce, which objects to his work as a public interest lawyer representing victims of lead paint poisoning. Butler has been up against business interests who don’t think he was friendly enough to them when he was on the Wisconsin Supreme Court. Chen was accused by Jeff Sessions, the top Republican on the Senate Judiciary Committee of having an apparently disqualifying “ACLU chromosome.”

Liu’s nomination has been the subject of the most partisan squabbling. Liu’s main obstacle, it seems, has been his own brilliance: some on the Right worry that if he makes it on to the bench, he could eventually become a Supreme Court nominee. But Liu’s nomination is backed by legal luminaries from across the ideological spectrum, including former Bush White House lawyer Richard Painter, who today wrote another plea for the Senate GOP to break the judicial gridlock and at least take a vote on Liu’s nomination:

In any event, nominees who should not be controversial, including Goodwin Liu (I have made previous posts here on his nomination), are described as radical activists, the same tactic that advocacy groups deployed to mischaracterize many of President Bush’s nominees.

Public opinion of Members of Congress (both parties) these days is lower, far lower, than it was in the days when Senator Henry Cabot Lodge used just the right term to describe what he saw going on when Senators filibustered legislation. Those of us who care about the future of the judiciary should make it clear that the delay must stop.

This does not mean the Senators should vote "yes". They can vote "no". But they should vote.

Specific nominations aside, the federal judicial system in general has taken a drubbing under the Senate GOP’s refusal to confirm nominees. A new report from the Alliance for Justice has found that the number of vacancies in the federal judiciary has nearly doubled since President Obama took office, and that the number of open seats designated as “judicial emergencies” has risen from 20 to 50, affecting 30 states.

Confirmation votes will become much more difficult next year, with Democrats hanging on to a much slimmer majority in the Senate. Now’s the time to push through the nominees whom the GOP has been the most eager to obstruct.
 

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