judicial nominations

The Senate Could Cut Judicial Nominations Backlog in Five Minutes…or Five Weeks

On January 13, the Senate confirmed Judge Robert Wilkins to sit on the U.S. Court of Appeals for the D.C. Circuit. So far, despite a growing backlog of judicial nominees, he is the only judge to have been confirmed this year.

There are currently 96 vacancies in federal courts across the country. Thirty-nine of them have been officially designated “judicial emergencies” by the Administrative Office of U.S. Courts, indicating that there are too few judges available to handle the court’s workload. This isn’t a built-in feature of the judicial system. In fact, the Senate could cut the judicial vacancy rate by one third today.

There are 32 federal judicial nominees who have been approved by the Judiciary Committee and are waiting for Senate confirmation votes – enough nominees to fill one-third of the country’s judicial vacancies and reduce the number of judicial emergencies by a quarter. All but three nominees cleared the Judiciary Committee with strong bipartisan support, most unanimously. The Senate could confirm all 32 in an afternoon if Republicans would agree to hold simple yes-or-no confirmation votes on their nominations. They could even confirm all 32 in less than five minutes by holding a unanimous consent vote.

But Senate Republicans still seem to be uninterested in confirming nominees to carry out the business of the nation’s courts, even in the many cases where nominees have been recommended and supported by Republican senators.

Since the Senate was forced to change the rules of the filibuster in response to Republican intransigence, the GOP has retaliated by obstructing nominations in other ways. One of these has been demanding that each confirmation vote take the maximum amount of time possible: Senate rules allow for “post-cloture debate” after a filibuster has been broken – 30 hours of floor time for appeals court nominees and two hours for district court nominees. If Republicans forced the Senate to take the  maximum amount of time on all 32 nominees currently waiting for votes, it would take the Senate 204 hours to clear the backlog.

Those 204 hours would add up to five weeks of full-time work: five weeks in which the Senate wouldn’t be able to do anything else – not immigration reform, not a debt ceiling deal, not an update to the Voting Rights Act.

The Senate could use five weeks of its time this year to confirm judicial nominees. Or, Senate Republicans could agree to confirm all 32 nominees in five minutes, cut the number of judicial vacancies by a third, and move on to other business.

PFAW has launched a petition to urge Senators to address the judicial nominations crisis and stop the obstruction of judicial nominees .

PFAW

While the GOP Fiddles, Judicial Emergencies Mount

A second emergency has been declared in Michigan, where four qualified nominees should have been confirmed last year.
PFAW

GOP-Created Nominees Bottleneck Grows

GOP refusal to allow any confirmation votes may force the Senate to devote weeks in needless "post-cloture debate."
PFAW

VT and VA Senators Move Quickly to Fill Judicial Vacancies

Senators who timely recommend judicial nominees to the White House help America's courts function effectively.
PFAW Foundation

Wisconsin Marriage Equality Lawsuit and the Judicial Vacancy Crisis

In the Western District of Wisconsin, one of the two active federal judgeships has been vacant for five years.
PFAW

The Wrong Way to Address the Backlog of Pending Nominations

Blocking committee votes is hardly the most cooperative way to prevent a buildup of nominees waiting for a floor vote.
PFAW

The Senate Could Immediately Reduce the Vacancy Rate by a Third

The Senate could confirm 29 fully vetted judicial nominees this week, if only Republicans would allow it.
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

Republicans Obstruct Judicial Nominees They Supported Last Year

Re-nominated judicial nominees face re-obstruction from Judiciary Committee Republicans.
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

Suddenly Senate Republicans Are Worried About 'Deliberation.' Give Me a Break.

I can understand why Senate Republicans are angry about the recent change in the Senate’s filibuster rules. It means that their agenda of obstruction just got a lot harder. But all their righteous indignation is ringing hollow.

Yesterday, Sen. Chuck Grassley, the top Republican on the Judiciary Committee, issued a statement attacking the committee’s chairman, Sen. Patrick Leahy, for saying he would consider changing committee policies to make it harder for Republican senators to hold up nominations. 

Democrats “are slowly but surely taking the world’s greatest deliberative body and moving towards a majoritarian body,” Grassley charged.

Oh, really?

The reason Leahy has to even consider policy changes in committee is that GOP senators, in an attempt at retribution for the “nuclear option,” have repeatedly brought up an obscure rule that allows them to prevent the Judiciary Committee from meeting. They have also prevented the committee from meeting by simply not showing up, ensuring the lack of a quorum. Along with threats that Republican senators would refuse to return their “blue slips” signaling approval for hearings on home-state nominees, Sen. Leahy was faced with the prospect of not being able to process any nominees. Senate Republicans have literally not been allowing “the world’s greatest deliberative body” to deliberate on judicial nominations.

And the reason why Senate Democrats were driven to change the filibuster rules for presidential nominees in the first place was that the Republican minority was blocking nominees to positions they just didn’t want the president to be allowed to fill. In other words, they were using the Senate’s rules of obstruction in an attempt to nullify laws they did not like and reverse the results of the presidential election.

This didn’t promote “deliberation.” It shut the entire process down.

This sanctimonious whining from Grassley and his fellow obstructionist Republicans isn’t fooling anyone. Personally, I would have preferred not to have gotten to this place. My guess is that Senator Leahy would as well. But when you’re trying to govern a country and the minority party won’t let you complete even the most basic tasks of governance, there really is no choice. Comity has to be a two-way street.

The high and mighty act doesn’t work when you’re behaving like a child.
 

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

Senate GOP Living Up to Right Wing Vow to be a "Resistance Movement"

With this week's escalated obstruction of judicial nominees, the Senate GOP is acting more like a "resistance movement" than a responsible political party.
PFAW

GOP Blocks Judiciary Committee From Even Meeting

The Senate GOP has escalated their campaign of obstruction to prevent the Judiciary Committee from even meeting.
PFAW