DC Circuit

DC Circuit Nominee Nina Pillard's Broad Bipartisan Support

Georgetown Law professor Nina Pillard, who has had a long and impressive career in law and public service, was approved today by the Senate Judiciary Committee to serve on the Court of Appeals for the District of Columbia. Her nomination now goes to the full Senate.

Scores of people and organizations who have worked with Professor Pillard or observed her work have written to the Senate in support of her nomination. Her supporters include:

Alumni of the Virginia Military Institute, which Pillard helped open to women:

VMI gauges its success as an institution by measuring the societal contributions of its alumni. Professor Pillard would rank high for her work to open VMI to female cadets. The case was initiated by the George H.W. Bush Administration and made its way to the Supreme Court during Professor Pillard’s tenure at the office of the Solicitor General of the United States. Professor Pillard drafted the five Supreme Court briefs for the United States and her winning arguments opened VMI’s doors for women who have become leaders in the armed forces, elsewhere in public service, and in the private sector.

Josiah Bunting III, superindent of the Virginia Military Institute when women were first admitted:

During the course of the United States v. Virginia case, I was impressed by Pillard’s fairness and rigor. She respected others’ strongly held views about male-only education at VMI, and I always felt that while we had opposing positions at the time, she comported herself with integrity and understanding — qualities that distinguish the best judges at all levels.

A bipartisan group of former attorneys of the Justice Department's Office of Legal Counsel, where Pillard served for two years:

We believe that Ms. Pillard has the skill, character, and objectivity that would make her a superlative judge on the D.C. Circuit. She was a respected leader and trusted advisor in OLC, valued for her fair-minded and meticulous approach to legal questions of all sorts. She is an exemplary nominee whom we wholeheartedly endorse.

Dozens of retired members of the armed forces:

Our experience advocating for the full participation of women in the armed forces has shown us that women, indeed, are suited for rigorous military training, service, and leadership. Our military and our nation benefit when both women and men are able to fully contribute to the defense of our country. We support Professor Pillard’s nomination because her accomplishments and credentials demonstrate that she has the qualifications to be a federal
appellate judge, and because her dedication to principles of equality demonstrates that she will be a great one. We urge you to give her a swift and fair hearing, and vote to approve her nomination.

The deans of 24 top law schools:

In her legal advocacy and scholarship, Professor Pillard shows a clear understanding offundamental distinctions between the roles of courts and the political branches, and between law and culture, morality, politics or other important sources ofnorms that guide and constrain human behavior. Throughout her work, she has shown an appreciation ofnuance and respect for opposing viewpoints, grounded in a profound commitment to fair process and fidelity to the law.

In short, Professor Pillard is a talented advocate, a brilliant legal mind, a sensible and moderate problem solver, and a careful thinker who has devoted her career to public service and work for others. We wholeheartedly urge that you confirm her to the D.C. Circuit.

Prominent prosecutors and law enforcement officials:

We urge her  confirmation because she is unquestionably eminently qualified, and is a sensible and fairminded lawyer and scholar who has worked extensively with law enforcement in her career. She brings to the bench sensitivity to the compelling need for effective and legitimate law enforcement in the modern era. She stands for fidelity to the law above all, and has demonstrated an unwavering commitment to the important, albeit limited, role of the courts in our federal system

William S. Sessions, director of the FBI under Ronald Reagan and George H.W. Bush:

I believe that Ms. Pillard has had invaluable work experience that makes her especially well-suited to the bench. While I do not know Ms. Pillard personally, others in the law enforcement community whom I know and respect are supporting her, and their views, combined with her superb experience and qualifications, convince me that she would make an excellent judge, especially on the DC Circuit, which requires someone with such experience and qualifications.

Viet Dinh, conservative scholar who served as assistant attorney general in the George W. Bush administration:

Based on our long and varied professional experience together, I know that Professor Pillard is exceptionally bright, a patient and unbiased listener, and a lawyer of great judgment and unquestioned integrity. We certainly do not agree on the merits of every issue, but Nina has always been fair, reasonable, and sensible in her judgments. She approaches faculty hiring, teaching and curriculum, and matters of faculty governance on their merits, without any ideological agenda--at times even against the tide of academic popularity to defend and respect different views and different types of people.

As we do not share academic specialties, I have not studied Professor Pillard's writings in full, but I know her to be a straight shooter when it comes to law and legal interpretation. She is a fair-minded thinker with enormous respect for the law and for the limited, and essential, role of the federal appellate judge-- qualities that make her well prepared to taken on the work of a D.C.
Circuit judge. I am confident that she would approach the judicial task of applying law to facts in a fair and meticulous manner.

The Women's Bar Association of the District of Columbia:

Ms. Pillard’s record of achievement, and unanimous rating of Well-Qualified, the highest rating available, from the ABA’s Standing Committee on the Federal Judiciary, reflects her significant talents as an appellate litigator and scholar. Her legal career is remarkable for her accomplishments and the breadth and depth of her experience, and her reputation for fairmindedness, collegiality, and dedication to principles of equal justice is well founded. 

PFAW

What the GOP Isn't Saying About the D.C. Circuit's Caseload

The newest GOP line on the DC Circuit caseload ignores the one statistic cited by an official of the Administrative Office of U.S. Courts.
PFAW

DC Circuit Court of Appeals Nominee Nina Pillard: 10 Things You Should Know

As the Senate Judiciary Committee prepares to vote on her nomination, here are 10 things you might not know about Professor Pillard.
PFAW

A Powerful Call to Support Nina Pillard for the D.C. Circuit

The Virginia Military Institute's former superintendent explains why she'd make a terrific judge.
PFAW

DC Circuit Court Activist Toolkit

In June 2013, President Obama nominated three extremely well-qualified people to fill the three vacancies on the DC Circuit Court of Appeals, a court that has been deemed “the second most important in the United States.”  As the nominees - appellate attorney Patricia Millet, Georgetown law professor and appellate advocate Cornelia “Nina” Pillard, and D.C. District Court judge and former public defender Robert Wilkins - make their way out of the Senate Judiciary Committee and towards the Senate floor, Senate Republicans are threatening to ramp up their partisan gridlock by blocking votes on any of them.

The far right has accused the president of trying to “pack” the courts just for making nominations to existing vacancies, as the Constitution calls for.  Senate Republicans have even introduced a bill to eliminate the three judgeships, just to keep President Obama from filling them.

In anticipation of the fight we expect to see this fall, People For the American Way has drafted an activist toolkit for concerned citizens across the United States who understand the importance of the courts, and who know we must stand up against Republican obstruction. Check it out here:

www.pfaw.org/DCCircuitToolkit

PFAW

GOP Puts Politics Above Governance at First DC Circuit Committee Vote

Committee Republicans recycle their old caseload argument to justify a party-line vote against the first of three DC Circuit nominees.
PFAW

Large and Diverse Group Urges Senators Not to Block DC Circuit Votes

Nearly 100 organizations send a letter calling for senators to allow votes on all three DC Circuit nominees.
PFAW

Grassley's Own DC Circuit Numbers Fail Him

Even under Sen. Grassley's definition of caseload, his argument against filling DC Circuit vacancies falls apart.
PFAW

New Data Shows DC Circuit Caseload Continues to Rise

New statistics poke another hole in the GOP's assertion that the DC Circuit's three vacancies should remain unfilled.
PFAW

Grassley Cites Anonymous Comments to Justify Rigging DC Circuit

The Judiciary Committee's senior Republican embarrasses himself and degrades the Senate with his latest stunt.
PFAW

Ted Cruz Distorts and Ignores Nina Pillard's Actual Record

The far right is distorting what DC Circuit nominee Nina Pillard has written and said.
PFAW

Why Senate Republican Claims About the D.C. Circuit Don’t Pass the Pinocchio Test

Earlier this week President Obama nominated three unquestionably qualified candidates – appellate attorney Patricia Millet, former civil rights attorney Cornelia Pillard and D.C. District Court judge Robert Wilkins – to the D.C. Circuit, the second most influential court in the country.  Republicans are already fighting hard against these nominations, claiming that the D.C. Circuit doesn’t have a large enough workload to necessitate filling the vacant seats.  Sen. Chuck Grassley (D-IA) even went as far as to say, “No matter how you slice it, the D.C. Circuit ranks last or almost last in nearly every category that measures workload.”

Not quite.  Glenn Kessler at The Washington Post wrote an article this morning delving deeper into Sen. Grassley’s claims.  Kessler wrote,

“Challenged by Grassley’s claim that the D.C. Circuit is last ‘no matter how you slice it,’ we came up with two other measures that might shed more light on the D.C. Circuit’s workload… One way to measure this is by looking at the data for ‘administrative appeals.’

In 2012, nearly 45 percent of those appeals at the D.C. Circuit involved administrative appeals concerning federal rules and regulations, which many experts say are highly complex and take more time to review.  By contrast, at the other circuits, virtually all of the administrative appeals involve immigration cases. Using the data in Table B-3, we found that in the other circuits, administrative appeals that did not involve immigration matters accounted for less than 3 percent of the appeals. (In some circuits, it was less than 1 percent.)”

In other words, the D.C. Circuit is considering some of the most intricate and far-reaching cases of any court.  The complexity of these types of cases make apples-to-apples comparisons with other circuits difficult. 

Kessler continues:

“Another measure of the complexity of the cases are statistics on written opinions. The raw data suggest that judges on the D.C. Circuit write fewer opinions than judges on other appeals circuits. (This was one stat that Grassley staff sent us.) But Table S-3 shows that the D.C. Circuit produced a greater proportion of written, signed opinions on cases determined on the merits than most other circuits.”

Overall, the Post concludes,

“[T]he certainty in Grassley’s argument is particularly misplaced, given the unusual nature of the D.C. Circuit… you can’t just assert that one appeals filing is equal to another — or that one set of statistics is better than another. Depending on the metrics, the D.C. Circuit could very well be in first place.”

In 2005, Sen. Grassley did not seem to have these workload concerns when he voted to confirm Bush nominees Janice Rogers Brown and Thomas B. Griffith to the tenth and eleventh seats on the D.C. Circuit.  Yet when he and other Republicans cast those votes, the court was handling the same number of cases as it is now.  As President Obama pointed out in his speech announcing the three nominees, this is an overtly political move on the part of Senate Republicans:

“When a Republican was president, 11 judges on the D.C. Circuit Court made complete sense. Now that a Democrat is president, it apparently doesn't – eight is suddenly enough.”

PFAW

President Obama Blasts GOP Obstruction, Nominates Three to Influential Court

Today, President Obama nominated three people – experienced appellate attorney Patricia Millet, Georgetown law professor and former civil rights attorney Cornelia “Nina” Pillard and D.C. District Court judge and former public defender Robert Wilkins – to the influential Court of Appeals for the D.C. Circuit.

All three have stellar qualifications. Yet, Senate Republicans were threatening to block all three even before they knew who the nominees would be.

In a Rose Garden speech introducing the nominees, President Obama blasted Republican obstruction and urged the Senate to quickly review and hold votes on all three. “The Constitution demands that I nominate qualified individuals to fill those seats,” he said. “What I am doing today is my job.  I need the Senate to do its job.”


So one of the most important responsibilities of a President is to nominate qualified men and women to serve as judges on the federal bench. 

And Congress has a responsibility, as well.  The Senate is tasked with providing advice and consent.  They can approve a President’s nominee or they can reject a President’s nominee.  But they have a constitutional duty to promptly consider judicial nominees for confirmation.

Now, throughout my first term as President, the Senate too often failed to do that.  Time and again, congressional Republicans cynically used Senate rules and procedures to delay and even block qualified nominees from coming to a full vote. 

As a result, my judicial nominees have waited three times longer to receive confirmation votes than those of my Republican predecessor.  Let me repeat that:  My nominees have taken three times longer to receive confirmation votes than those of my Republican predecessor.  These individuals that I nominate are qualified.  When they were given an up or down vote in the Senate -- when they were finally given an up or down vote in the Senate, every one of them was confirmed.  So this is not about principled opposition.  This is about political obstruction. 

Despite that, some Republicans recently have suggested that by nominating these three individuals, I’m somehow engaging in -- and I’m quoting here -- in “court-packing.”  (Laughter.)  No -- people laugh, but this is an argument I’ve made.  For those of you who are familiar with the history of court-packing, that involved Franklin Delano Roosevelt trying to add additional seats to the Supreme Court in order to water down and get more support for his political agenda.  We’re not adding seats here.  We’re trying to fill seats that are already existing.  Each of the past five Presidents has seen at least three of their nominees confirmed to the D.C. Circuit.  Since I’ve been President, obstruction has slowed that down to one. 

Right now, there are three open seats on a critical court.  I didn’t create these seats.  I didn’t just wake up one day and say, let’s add three seats to the District Court of Appeals.  These are open seats.  And the Constitution demands that I nominate qualified individuals to fill those seats.  What I am doing today is my job.  I need the Senate to do its job.

For more background on the D.C. Circuit, see PFAW’s Marge Baker’s piece in the Huffington Post yesterday, “Five Things Republicans Don’t Want You to Know About the D.C. Circuit.”

PFAW

1000-Day Judicial Vacancy in Georgia

Georgia's senators are keeping President Obama's 11th Circuit Court nominee from even having a committee hearing.
PFAW

Susan Collins’ D.C. Circuit Hypocrisy

Maine Republican Sen. Susan Collins signed on today as a cosponsor of a blatantly political bill meant to deny President Obama, unlike any of his predecessors, the ability to fill vacancies on the D.C. Circuit Court of Appeals.  

The D.C. Circuit is the second most influential court in the country, behind the Supreme Court. It has the final word on scores of federal laws and regulations, from consumer protections to workers’ rights to environmental protections

For more than 30 years, presidents of both parties have placed numerous judges on the D.C. Circuit:

Senate Republicans prevented President Obama from placing a single nominee on the court during his first term and the first four months of his second, despite the fact that one-third of its active judgeships were vacant. They were so eager to keep the court dominated by Republican-nominated judges that they twice filibustered President Obama’s first nominee to the court, the eminently qualified Caitlin Halligan. Yesterday, after a ten-month delay, the Senate finally confirmed an Obama nominee, Sri Srinivasan, to fill one of the court’s four vacancies. But Republicans are indicating that their cooperation will stop there.

Senate Republicans are not only vowing to block any Obama nominees to the remaining three seats on the D.C. Circuit, they are actually proposing a bill that would eliminate those three seats entirely in order to prevent President Obama from filling them. 

The bill, sponsored by Senate Judiciary Committee ranking member Chuck Grassley and cosponsored by every other Republican member of the Judiciary Committee, just gained its first non-committee cosponsor: Sen. Collins.

The bill’s backers claim that the D.C. Circuit doesn’t have a great enough workload to justify filling the remaining three judgeships. However, Sen. Collins’ own voting record provides a perfect refutation of that argument.

Sen. Collins and her allies object to Obama’s filling the 9th, 10th and 11th seats on the D.C. Circuit. However, when George W. Bush was president, Sen. Collins had no such reservations about the need to fill the court's vacancies. In 2006, Collins voted to confirm Bush nominee Brett Kavanaugh to the 10th seat on the D.C. Circuit. In 2005, she voted to confirm Bush nominees Janice Rogers Brown to the 10th seat on the court and Thomas Griffith to the 11th.

Following the Griffith confirmation, which Collins supported,  the D.C. Circuit’s caseload was 119 cases per active judge. If every one of the D.C. Circuit’s 11 seats were filled today --  including the three seats that Sen. Collins wants to eliminate – the court’s caseload would be slightly higher than it was then, at 120 cases per active judge. Sen. Collins evidently thinks that what was a reasonable caseload for the court under President Bush is  somehow wastefully low under President Obama.

Meanwhile, here is Sen. Sheldon Whitehouse refuting Sen. Grassley’s absurd claim that President Obama is trying to “pack” the D.C. Circuit by filling its vacancies:

PFAW

D.C. Circuit Vacancies: One Down, Three to Go

Senate Republicans kept Sri Srinivasan from getting a committee hearing until ten months after his nomination, and even tried to filibuster him before allowing a unanimous vote to confirm him to the D.C. Circuit Court of Appeals.
PFAW

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.
PFAW

The Wall St. Journal's Bizarre Attack on Potential DC Circuit Nominations

The Journal calls Obama a "king" for planning to make nominations to fill D.C. Circuit judgeships as Congress has mandated.
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