blue slips

Obstruction 2.0: How Republican Senators Continue to Block Judicial Nominations Post-“Filibuster Reform”

Tuesday afternoon, PFAW hosted a special member telebriefing on the continued GOP obstruction of judicial nominees. The briefing featured PFAW’s Executive Vice President Marge Baker and Senior Legislative Counsel Paul Gordon. They discussed how Republicans’ obstruction has reached staggering levels, despite changes in Senate filibuster rules.

Marge gave a brief background on the issue of GOP obstruction of judicial nominations, explaining how important federal judgeships are for deciding many issues that affect everyday Americans and defining why Republicans are determined to continue obstruction confirmations of judicial nominees. Their underlying goal is to keep as many seats empty as possible so a President Cruz or Rubio can fill them with right-wing ideologues.

She addressed the current narrative that President Obama has had more confirmations at this time than Bush had, and explained that these numbers need to be put in the context of the fact that Obama has had around 70 more vacancies to fill than his predecessor. That means for Obama’s confirmation results to be seen as equivalent to those of President Bush, he would have had to have many more nominees confirmed at this point in his presidency.

Paul began a discussion of some of the choke methods Republicans are employing to block the confirmation of President Obama's nominees to the bench. Paul delineated how all too often, GOP senators do not cooperate with the White House to suggest candidates for nomination, delaying the process from the very beginning. Once nominees are made and are sent to the Senate Judiciary Committee, we have seen GOP Senators delay the hearing by not submitting their blue slips, an unofficial tradition that gives home state Senators an opportunity to express their support for the nominee.

Marge explained ways in which Republicans are delaying the process once nominees are in committee, where the minority is allowed to request one-week delays. To express the magnitude of the obstruction, Marge explained how of the 270 nominees who have had a vote during President Obama's term, only 11 have had their votes held on time.

Once on the Senate floor, the situation doesn't get better as senators are able to filibuster nominees by refusing to give unanimous consent to the simple act of holding a yes-or-no confirmation vote. To offset these delays, Senate Majority Leader Harry Reid has been forced to file for cloture. Since the rules change in November, there have been cloture votes on all the nominees, adding hours of senate time in post-cloture debates (30 hours per circuit court nominee).

Marge highlighted that if all 30 nominees on the floor were voted on today, which is possible, then the number of current vacancies would drop precipitously, down to the level at this point in George W. Bush’s presidency. It is essential that these be voted on now, and that confirmation votes for nominations coming out of committee be voted on expeditiously.

Fielding questions from PFAW members, Marge and Paul discussed particular cases of obstruction like that of William Thomas's nomination in Florida, where Senator Marco Rubio withheld his blue slip in support of the nominee-–one that he himself had recommended in the first place. Members also made the connection between the effect of big money in politics and the motivations for GOP senators to obstruct confirmations, and attempted to find ways in which everyday Americans can make their voices heard to their senators regarding the issues of obstruction in judicial nominations. Paul used the example of the DC Circuit Court fight, where with the activism from people across the country rallying together helped get all the court's vacancies filled.

Marge and Paul, along with PFAW members, emphasized how as activists, we can intervene in the fight to take back our democracy by letting Senators know that average Americans are paying attention, watching how they respond and vote on judicial nominations, and considering who may be pulling their strings. For instance, a caller in Florida wanting to influence Marco Rubio could call his office and ask him to prevent a delay in a committee vote for nominees to fill four emergency vacancies. And everyone, regardless of whether there are vacancies in their state, can call their senators and call for the quick confirmation of the large number of nominees awaiting a floor vote. She also highlighted what is at stake in this mid-term election since the officials we elect today will help confirm the judges that will decide important cases that affect average Americans. For this reason, it is important to have demographic and experiential diversity in the courts so judges making decisions understand the impact of the law on regular Americans.

Click here more information on our Fair and Just Courts campaign.

PFAW

Blue Slips: Republicans Should Stop Abuse of Consultation Process

In an op-ed Sunday, Sen. Patrick Leahy, chairman of the Senate Judiciary Committee, addressed critics of his use of blue slips, a committee tradition that Republicans continue to abuse. Under this policy, the chairman asks the Senators from a nominee’s home state to submit a blue slip expressing their support or opposition. The consequences have varied over time, depending on who the chairman has been. Leahy’s practice has been to not hold a hearing unless both senators submit their blue slips saying they support letting the committee process the application. As Senator Leahy points out

The Constitution requires presidents to seek both the “advice and consent” of the Senate in appointing judges to lifetime posts on the federal courts. … When senators return this paper, it is proof that the senators elected to represent that state were consulted and the nominee is likely to be confirmed.

Leahy states he “cannot recall a single judicial nominee being confirmed over the objection of his or her home-state senators,” and affirms the importance of home-state support in moving the process forward.

But Leahy also acknowledges that the “judicial confirmation process in the Senate has grown increasingly difficult,” and that Senate practices that bring principles of the Constitution to life do need “ongoing evaluation to make sure they work as intended. And he reiterates that he “would not rule out proceeding with a nomination if the blue slip is abused.”

Indeed, since his election, President Obama has routinely sought the advice of senators through the judicial nominations process. It has been a hallmark of his presidency. But too many Republicans have refused to engage in a cooperative process, instead seeking the authority to pick the nominee themselves, even if it is someone the president would oppose. When that happens, no nomination is made. Other times, the senators withhold the blue slip indefinitely, often refusing to give a reason why, and sometimes even after they themselves recommended the nominee they are now blocking. The result of this abuse has been the worsening of a serious judicial vacancy crisis.

Chairman Leahy has stressed the importance of blue slips in showing that senators have been consulted by the White House. Taking heed of Leahy’s words, Republicans should be wary of continuing the abuse of the blue slip process to block judicial confirmations. Their continued use of this “silent, unaccountable veto” is a detriment to the judicial process. As GOP obstruction continues through withholding of blue slips despite substantial consultation, judicial nominations grow more cumbersome, and the impracticality of this part of the process becomes clearer.
 

PFAW

Rubio's Delay Increases Urgency of Florida Judicial Nominations

Early this year, President Obama nominated Judge Beth Bloom, Judge Darrin P. Gayles, Judge Carlos Eduardo Mendoza, and Paul G. Byron to the Southern and Middle District Courts of Florida. Of the four vacancies in the Southern District, three have been declared judicial emergencies. The situation in Florida is so dire that even if every vacancy were to be filled tomorrow, it would not be enough to take care of the courts’ growing workloads. In fact, the Judicial Conference has requested a number of new judgeships for the state, including:

• 5 new judgeships for the Middle District, plus a temporary judgeship; and
• 3 new judgeships for the Southern District, plus the conversion of a temporary judgeship to a permanent position.

It is imperative that these nominations be confirmed swiftly; the Senate’s delays in confirming nominees translate to delays for Floridians waiting for their day in court.

Sen. Marco Rubio stated on NPR last month that he did “not anticipate having any objection to moving forward on any of [President Obama’s] nominees” for the district courts in Florida. In fact, the nominees were recommended by Sen. Rubio, along with Sen. Bill Nelson, based upon the recommendations of a bipartisan committee the two senators put together. Yet to date Sen. Rubio –unlike Sen. Nelson—has not signed the “blue slips” the Senate Judiciary Committee customarily requires before nominees are given a committee hearing. This is cause for some concern in light of Sen. Rubio’s refusal last year to sign off on other Florida nominees to seats that he himself had recommended.

Rubio’s slow-walking of his “blue slips” comes in the context of the GOP obstruction that has needlessly delayed the confirmation of most Obama nominees. After committee approval, President Obama’s district court nominees have been forced to wait an average of three times longer for a confirmation vote than President George W. Bush’s at this point in his presidency. Obama’s circuit court nominees are forced to wait nearly two months longer than Bush’s. This slowing down of the process seems completely gratuitous and politically motivated since the overwhelming majority of Obama’s judicial nominees have been confirmed unanimously or near-unanimously.

The current nominees are also important because they represent much-needed diversity in the federal courts. Gayles, for example, would be the first openly gay African-American man on the federal bench. However, with Rubio’s history of unfavorable treatment of previous nominees he has recommended, there is little expectation that he will help move this nomination process forward any faster. Gayles is up for the same seat to which William Thomas, also an openly gay African American man, was nominated in November 2012, a nomination that Rubio sabotaged.

Some were expecting these four Florida nominees (who were nominated in early February) to have their committee hearings this week, but because Rubio has not submitted his blue slips, that will not happen.

We join advocacy groups in Florida in urging Rubio to help get the state’s nominees confirmed as soon as possible.
 

PFAW

Burr's Blue Slip Abuse Continues

North Carolina's Sen. Richard Burr still won't say why he is blocking Jennifer May-Parker's judicial nomination.
PFAW

Sen. Burr Invents New Rule to Hide Obstruction of NC Judicial Nominee

Burr's current refusal to publicly comment on a pending judicial nominee stands in contrast to his practice for previous nominees.
PFAW

Rubio Should Not Have the Last Word on Florida Nominee

Why did Marco Rubio unfairly attack qualified nominee William Thomas while denying him a chance to correct the record? (VIDEO)
PFAW

Six Ways Senate Republicans Are Still Obstructing Judicial Nominations

In recent weeks, Senate Republicans have found diverse ways to escalate their obstruction of judicial nominations.
PFAW

Escalated GOP Obstruction Provokes Talk of Committee Changes

Judiciary Committee chairman Patrick Leahy may reform his "blue slip" policy, which Republicans have abused to torpedo qualified judicial nominees.
PFAW