judicial nominees

The Party of No Lives Up to Its Name

Last night, in the latest episode of their passive-aggressive crusade to keep President Obama’s judicial nominees off the bench, the Senate GOP put on a mind-boggling display of obstruction.

As the Senate confirmed Elena Kagan’s Supreme Court nomination, 21 other judicial nominees were waiting for Senate votes. More than half of these nominees had been approved unanimously by the Judiciary Committee, and all had been waiting more than 100 days for confirmation.

After the Kagan vote, Senate GOP leader Mitch McConnell agreed to hold voice votes on four of the stalled nominees, and promised to agree to a vote on another—Jane Stranch, a Tennessee attorney who has been waiting more than a year for confirmation, despite having the support of both of her home state’s Republican senators-- in September.

The GOP sent five nominees back to the White House—meaning that the President will have to renominate them and start the process again.

That left eleven nominees in Senate limbo. Nine of them had received absolutely no opposition from either party in their Judiciary Committee hearings.

In an interview Monday, the National Journal asked McConnell about his party’s obstructionism. “Is the Senate broken?” the interviewer asked. McConnell answered:

No. Members frequently on both sides hold up a nominee because of some concern they have. It is more likely to be done if you are in the minority because the administration is not of your party and less likely to address your concern. This kind of give-and-take I have seen go on before. It is not any more dramatic now than it has been in the past, and this president has not been treated worse than the last one was. But it is always maddening to the majority and maddening to every president.

I must say the president even made it worse by recessing a guy like [Craig] Becker [to the National Labor Relations Board], who was defeated in the Senate. We had a vote. He was defeated on a bipartisan basis. And recessing a guy like [Donald] Berwick [to oversee Medicare and Medicaid] without any hearings at all and with the chairman of the Finance Committee [Max Baucus, D-Mont.] saying he didn't think he should have been recessed. That is not the kind of action that is designed to, shall I say, engender a cooperative reaction on the part of the minority. I think we can statistically show you that it is not worse for President Obama. He hasn't been singled out more for shoddy treatment than it has been in the past.

It’s unclear what “concern” McConnell is referring to in the case of the nine blocked nominees who have received absolutely no Republican opposition. The concern seems to have nothing to do with the nominees at all—but rather with unrelated executive branch nominations that the GOP is seeking revenge for.

And as for McConnell’s claim that “we can statistically show you that it is not worse for President Obama,” the Center for American Progress has a chart for that:


PFAW

Trading Judges

As the Senate prepares to vote this week on the Supreme Court confirmation of Elena Kagan, there is also reportedly a deal in the works to finally confirm dozens of the executive branch and judicial nominees who have been waiting—many of them for months—for votes on the Senate floor.

CQ reports:

After seeing only two nominees confirmed during July, Majority Leader Harry Reid, D-Nev., and Minority Leader Mitch McConnell, R-Ky., are discussing terms for advancing at least some of the 84 nominations awaiting floor votes, aides said Monday. “We have a number of nominations that we’re looking at,” said Reid.

But some of the more controversial nominees are unlikely to be confirmed before the Senate returns in mid-September, if then. That may tempt Obama to use recess appointments to fill those vacancies at least temporarily — unless the White House agrees to pass up the opportunity to make recess appointments in exchange for Senate action on some nominees this week.

It’s about time that the Senate gets around to clearing the nominations backlog. But voting on nominees that were reported months ago without any opposition is no great concession by the Republican minority. It’s time to end the charade and the gamesmanship.

Take for example North Carolina judge Albert Wynn, whose nomination to fill a long-vacant seat on the Fourt Circuit Court of Appeals was approved by the Judiciary Committee in an 18-1 vote six months ago, and has been held up by GOP leadership ever since. David Savage at the Los Angeles Times describes the holdup of Wynn’s nomination as part of a political battle similar to “an old family feud”:

The GOP leader had no objection to Wynn. Instead, he said, he was getting back at Democrats who had blocked President George W. Bush's nominees to the same court. "My perspective on the 4th Circuit covers a little longer period of time," McConnell said.

The Senate's dispute over judicial nominees resembles a family feud that stretches over several generations. Judges are being opposed not because of their records, but because of what happened several years earlier to other nominees. Use of the filibuster rule, which the GOP had insisted was unconstitutional several years ago, has become a routine stalling tactic.

If confirmed, Wynn would fill a North Carolina seat on the 4th Circuit that has been vacant since 1994.

Let’s have a vote on James Wynn. Or let’s have a vote on Jane Stranch of Tennessee, nominated to fill a seat on the Sixth Circuit, who has the support of both of her home state Republican Senators. And let’s have a vote on Goodwin Liu, nominated for a seat on the Ninth Circuit, who has endorsements from across the ideological spectrum, including Clint Bolick and Ken Starr.


The debate over judicial nominations has become not about qualifications or the law, or about the urgent needs of the justice system, but about political game-playing. It’s great that the GOP has finally agreed to confirm some nominees who they never objected to in the first place. Maybe now they can move on to having a substantive debate on those, like Wynn, Stranch, and Liu, against whom they continue to use every passive-aggressive rule of Senate procedure.
 

PFAW

GOP Blocks 20 Judicial Nominees, Rebuffs Goodwin Liu Again

Nine Democratic senators went to the Senate floor today to call for up-or-down votes on the confirmation of 20 federal judicial nominees, many of whom have been waiting months to be confirmed and several of whom passed out of the Judiciary Committee with little or no opposition from members of either party. The Senators who spoke on the floor today included Mark Udall (CO), Michael Bennet (CO), Amy Klobuchar (MN), Herb Kohl (WI), Sheldon Whitehouse (RI), Jack Reed (RI), Ben Cardin (MD), Tom Carper (DE), and Ted Kaufman (DE).

The explanation from Senator Sen. Jeff Sessions, one of the architects of the obstruction? "Things do not always go as smoothly as you would like."

Among the nominees Democratic senators sought votes on were several whose nomination sagas we've been following. There were Albert Diaz and James Wynn of North Carolina who would be be, respectively, the first Latino and fourth African American appointed to the Fourth Circuit Court of Appeals (and who garnered one no vote between the two of them in committee). There was John McConnell of Rhode Island, who has come under attack from the powerful lobbyists at the Chamber of Commerce because of his record of defending consumers in suits against large manufacturers. There was William Joseph Martinez, the Colorado judge who has come under attack for having sat on an advisory panel for the ACLU.

And then there was Goodwin Liu. Sen. Ben Cardin told a Netroots Nation panel last week that Liu's hearing with the Judiciary Committee was "one of the most impressive confirmation hearings we've ever had." Richard Painter, who served as a lawyer in the Bush White House, called him "a fine choice for the federal bench." Yet, inexplicably, Liu, a law professor at Berkeley who is respected by legal scholars across the political spectrum, has become a flash point for Republican obstruction.

It's time for the Senate GOP to stop stalling votes on these critical nominations and come clean about their true priorities for the courts.

Many thanks to the Senators who took to the floor today to shine a spotlight on this unprecedented and senseless obstruction.

 

PFAW

Obama Increasing Pressure On GOP to Confirm Judges

President Obama says he’s increasing the pressure on Republican Senators to stop stalling judicial nominees. After meeting with congressional leaders today, he told reporters:

Finally, during our meeting today, I urged Senator McConnell and others in the Senate to work with us to fill the vacancies that continue to plague our judiciary. Right now, we’ve got nominees who’ve been waiting up to eight months to be confirmed as judges. Most of these folks were voted out of committee unanimously, or nearly unanimously, by both Democrats and Republicans. Both Democrats and Republicans agreed that they were qualified to serve. Nevertheless, some in the minority have used parliamentary procedures time and again to deny them a vote in the full Senate.

If we want our judicial system to work -- if we want to deliver justice in our courts -- then we need judges on our benches. And I hope that in the coming months, we’ll be able to work together to ensure a timelier process in the Senate.

Since Obama took office, he has met with astounding Republican obstruction of his judicial nominees…which, if it continues, could have serious consequences on justice throughout the country.
 

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Udall and Bennett Push for Vote on Judge

Another set of senators have come forward to try to break the GOP’s logjam on judicial nominees.

Colorado Senators Mark Udall and Michael Bennett sent a letter Friday to the leaders of the Senate and the Senate Judiciary Committee to request a Senate vote on Colorado district court nominee William Joseph Martinez. Martinez was nominated to the seat in February and approved by the Judiciary Committee in April.

The GOP has refused to vote on Martinez’s nomination, along with the 20 other pending judicial nominations.

"We can all agree that the Senate must act quickly on this and other pending judicial nominations in order to avoid further strain on our federal court system," the senators wrote. "The federal court system is already burdened by an overwhelming caseload, and the existence of these vacancies only adds to a mounting backlog."

I wrote last week about the profound consequences of GOP obstruction of run-of-the-mill judicial appointees: When the GOP stalls the nomination of one well-qualified nominee with bipartisan support, it’s an annoying political game. When that political game is multiplied by the dozens, it becomes a concerted attempt to keep the judiciary in the hands of the Right Wing.

The more senators who speak out on behalf of individual nominees, the greater the chances of breaking the dangerously low-profile obstruction.
 

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Making the Courts a Progressive Priority

If there’s one theme that’s prevalent here at Netroots Nation, it’s that elections matter—but what you do after elections matters more.

In a great panel discussion this morning, six judiciary-watchers discussed why the courts should matter to progressives, and why it’s dangerous when they don’t.

Pam Karlan, a professor at Stanford Law school who is frequently mentioned as a potential Supreme Court nominee herself, put it this way: “However much progressive legislation we get from Congress, unless it gets enforced every day by district courts, it’s just words on paper.”

Republicans have successfully made the courts an issue for their base, and are trying to work it to their advantage now that they’ve lost power in Congress and the White House. The Philadelphia Inquirer reported earlier this month that nearly 40% of federal judges currently serving were appointed by George W. Bush, whose habit of recruiting from the conservative Federalist Society led to an intentional right-ward drift on courts across the country.

In their effort to keep the courts on the Right, Republicans are taking full advantage of their well-practiced obstruction skills.

Nan Aron, president of Alliance For Justice described the Republican game plan to keep the courts: “Hold seats open until a Republican president comes in and he’ll fill them in a New York minute.”

Which is exactly what Senate Minority Leader Mitch McConnell is trying to do as he repeatedly refuses to hold votes on confirming President Obama’s judicial nominees. He’s making a deliberate effort to stall all Senate business, but also a calculated plan to keep seats on the federal bench empty for as long as possible with the hope that they won’t be filled by progressives.

What courts do every day—from the Supreme Court down—matters to ordinary people. Indeed, courts are central to our ability to hold corporations and other special interests accountable for harmful behavior. Judicial appointments are essential to securing corporate accountability for environmental safety (just look at the Fifth Circuit, where the judges making important decisions about oil drilling regulation are closely connected to the oil industry); they’re essential to holding businesses accountable for how they treat workers (see Rent-a-Center v. Jackson); and, of course, they’re a critical part of ensuring our civil rights.

Dahlia Lithwick, who covers the Supreme Court for Slate, pointed out that “conservatives have been laser-focused on the court,” while progressives don’t always connect the issues we care about with the courts that ultimately decide their fate.

It's time to change that.

UPDATE: You can watch the full discussion in the video above.

PFAW

Chairman Leahy Reprimands Senate Republicans

After helping Elena Kagan sail through the Judiciary Committee, Chairman Leahy isn’t content resting on his laurels. Yesterday the Chairman censured his Republican colleagues for their obstructionism on lower profile but just as vital judicial nominations. When Republicans foiled his attempt to schedule discussion on 4th Circuit nominee Jane Stranch of Tenessee, who enjoys the bipartisan support of her home state Senators, Chairman Leahy called them out:

Senate Republicans have further ratcheted up the obstruction and partisanship that have regrettably become commonplace this Congress with regard to judicial nominees. We asked merely for a time agreement to debate and vote on the nomination. I did not foreclose any Republican Senator from voting against the nominee or speaking against the nominee but simply wanted a standard agreement in order to allow the majority leader to schedule the debate and get to a vote. This is for a nomination reported favorably by the Judiciary Committee over eight months ago with bipartisan support. Yet the Republican leader objected and blocked our consideration.

For anyone who still thinks that both parties engage in this kind of obstructionism when in the minority, Senator Leahy came prepared with statistics:

No one should be confused: the current obstruction and stalling by Senate Republicans is unprecedented. There is no systematic counterpart by Senate Democrats. In fact, during the first 2 years of the Bush administration, the 100 judges confirmed were considered by the Democratically controlled Senate an average of 25 days from being reported by the Judiciary Committee. The average time for confirmed Federal circuit court nominees was 26 days. The average time for the 36 Federal circuit and district and circuit court judges confirmed since President Obama took office is 82 days and the average time for Federal circuit nominees is 126 days. So when Republicans say that we are moving faster than we did during the first 2 years of the Bush administration they are wrong. It was not until the summer of 2001 that the Senate majority shifted to Democrats, but as soon as it did, we proceeded on the judicial nominations of President Bush, a Republican President. Indeed, by this date during the second year of the Bush administration, the Senate had confirmed 58 of his judicial nominations and we were on the way to confirming 100 by the end of the year. By contrast, Republican obstruction of President Obama's judicial nominees has meant that only 36 of his judicial nominees have been confirmed. We have fallen dramatically behind the pace set for consideration of President Bush's nominees.

…Indeed, when President Bush was in the White House, Senate Republicans took the position that it was unconstitutional and wholly inappropriate not to vote on nominees approved by the Senate Judiciary Committee. With a Democratic President, they have reverted to the secret holds that resulted in pocket filibusters of more than 60 nominees during the Clinton years. Last year, Senate Republicans successfully stalled all but a dozen Federal circuit and district court nominees. That was the lowest total number of judges confirmed in more than 50 years. They have continued that practice despite the fact that judicial vacancies continue to hover around 100, with more than 40 declared judicial emergencies.

As Chairman Leahy emphasized, these obstructionist tactics have rarely come with explanations. For example, Judge James Wynn, who was nominated first by President Clinton and then by President Obama and would become the first black Justice on the 4th Circuit, has been on anonymous hold for six months with no reason given.

Our judicial system can’t function properly without qualified judges on the bench. But Senate Republicans are leaving dozens of judicial vacancies open for purely political reasons. Good for Chairman Leahy for speaking out on this.

PFAW

The GOP's Judicial Obstruction Stats

Yesterday, Sen. Kay Hagan of North Carolina tried to convince the Senate to confirm two appeals court nominees from her state. The two nominees, Judges James Wynn and Albert Diaz, have no controversial baggage--each received near-unanimous bipartisan support from the Judiciary Committee.

The confirmation of Wynn and Diaz would also contribute to the Obama Administration’s effort to add diversity to a woefully un-diverse court system. Diaz would be the first Latino appointed to the Fourth Circuit, Wynn the fourth African American.

Wynn and Diaz have both been waiting 169 days—over five months— for a Senate vote.

But none other than Minority Leader Mitch McConnell took to the floor yesterday to block a vote on the two nominees. He freely admitted that his action had nothing to do with Wynn and Diaz themselves, but was rather a purely political retaliation against the president’s recess appointment of a Medicare and Medicaid administrator. That appointment was not only unrelated to Wynn and Diaz, but came after the two nominees had already been stalled for months on the Senate floor.

Watch the video of Hagan’s and McConnell’s exchange:


Using judicial nominees as political pawns—thereby leaving important vacancies in courts throughout the country and stalling efforts to put judges with diverse background on the bench—is a tactic that the Republican minority has been using with zeal.

We’ve been collecting statistics on Republican efforts to keep qualified judges from starting their jobs. Here’s the latest update:

Nominees waiting for confirmation: 21
Nominees who have been waiting for more than 90 days: 18
Average number of days since nominated: 161 (200 for circuit court nominees)
Average number of days waiting for a Senate floor vote: 90 (111 for circuit court nominees)
 

PFAW

Bush’s Courts

We talk a lot about the purely political motives Republican senators have in their efforts to slow down the confirmation process for President Obama’s judicial nominees. It’s easy to forget that who those nominees are—and when they start working— makes a huge difference. The Philadelphia Inquirer reported this weekend that nearly 40% of all federal judges currently on the bench were appointed by George W. Bush--who made a concerted effort to appoint judges with right-wing credentials, and, you might say, didn’t put much of a priority on gender or racial diversity.

Obama, in contrast, has returned to a more bipartisan appointment process and has a notably diverse list of appointees. But thanks to Republican obstruction, Obama’s appointees aren’t making it to the bench:

So far, nearly half of Obama's 73 appointments to the federal bench have been women, 25 percent have been African American, 11 percent Asian American, and 10 percent Hispanic. About 30 percent of Obama's nominees were white males. By contrast, two-thirds of George W. Bush's nominees were white males.

Obama's rate of appointing women and people of color is higher than those of any of his predecessors during the first year of their terms. But he is not the only one setting records.

According to a report by the Alliance for Justice, a liberal advocacy group: "The Senate confirmed both fewer nominees and a smaller percentage of nominees under President Obama than under any other previous five presidents during their first year in office."

Presidents Jimmy Carter and Ronald Reagan had 91 percent of their nominees confirmed in their first year in office. Since then, however, the figure has sharply declined, with George H.W. Bush getting 65 percent of his early judicial nominees confirmed, followed by Bill Clinton at 57 percent, George W. Bush at 44 percent, and Obama at 36 percent.

As recent events in the Fifth Circuit reminded us, it really does matter who ends up in federal judgeships. And Republicans, booted from control of the legislative and executive branches, are fighting tooth and nail to keep the courts.
 

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Cornyn Defines Activism

Sen. John Cornyn was waxing indignant a few minutes ago about what he calls the “activist vision” of certain judicial nominees.

He helpfully defined his terms:

“This activist vision takes the power from the people to make the law and change the law and gives it to the judiciary.”

Cornyn was no doubt shocked, then, by the Rehnquist Court’s decision in Bush v. Gore, in which it called off the counting of votes in a presidential election. Or by the Roberts Court’s decision in Citizens United v. FEC, in which it limited the power of democratically elected bodies to make rules about who spends money in elections.

It must be difficult for Cornyn to see judges appointed by presidents of his own party fall into that kind of activism.
 

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Lindsey Graham and Extraordinary Circumstances

In his opening comments, Lindsey Graham raises the agreement reached by the Gang of 14 and the standard they set: that filibusters of judicial nominees could be allowed only in extraordinary circumstances.

Senator Susan Collins has already said that she doesn’t think that the “extraordinary circumstances” threshold has been met by Senator Kagan’s nomination, which should be obvious to any impartial observer.

But we shouldn’t forget that most Republicans didn’t embrace the standard set by the Gang of 14. They argued that a filibuster of a judicial nominee was unconstitutional in all cases. It wasn’t about politics, they claimed. It was a principled commitment to the Constitution. Senator Sessions, for his part, was unambiguous about his stance.

“One of the many reasons why we shouldn't have a filibuster, an important one, is Article I of the Constitution. It says the Senate shall advise and consent on treaties by a two-thirds vote and simply 'advise and consent' on nominations,” he said in a 2003 floor statement. "Historically, we have understood that provision to mean -- and I think there is no doubt the Founders understood that to mean -- that a treaty confirmation requires a two-thirds vote, but confirmation of a judicial nomination requires only a simple majority vote."

So none of the Republicans would ever try to filibuster a judicial nominee. Right?

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Leahy Brings Citizens United to the Forefront in Kagan Hearings

In his opening remarks in Solicitor General Elena Kagan’s Supreme Court confirmation hearings, Senate Judiciary Committee chairman Patrick Leahy put the Court’s decision in Citizens United v. FEC at the front and center of the debate.

It is essential that judicial nominees understand that, as judges, they are not members of an administration. The courts are not subsidiaries of any political party or interest group, and our judges should not be partisans. That is why the Supreme Court’s intervention in the 2000 presidential election in Bush v. Gore was so jarring and wrong. That is why the Supreme Court’s recent decision in Citizens United, in which five conservative Justices rejected the Court’s own precedent, the bipartisan law enacted by Congress, and 100 years of legal developments in order to open the door for massive corporate spending on elections, was such a jolt to the system.

We hope to hear a lot more about Citizens United in the next few days—a ruling that a recent PFAW poll showed that 77% of Americans want to amend the Constitution to undo.
 

PFAW

Today in Obstruction

Tuesday’s batch confirmation of 60 patient Obama administration nominees was an encouraging break from Senate Republicans’ current unprecedented obstruction efforts, but it seems it might not yet represent the turning over of a new leaf.

NPR yesterday counted 69 Senate holds on executive branch and judicial nominees—most of them anonymous.

Included in this holding pen, our friends at Alliance For Justice have noticed, is every judicial nominee who’s been cleared for a floor vote, including 13 who received no opposition in committee.

Sen. Claire McCaskill now has gotten 68 Senators to sign a pledge to not participate in anonymous holds and to call for the abolishment of the practice. Only 10 Republicans have signed on.
 

PFAW

Legislative Achievements Will Live or Die in the Courts

President Obama was elected on a promise of change, but in order for any of his legislative accomplishments to remain in place, they will need to survive court challenges.

Health care reform has passed. Major financial regulatory reform could be on the horizon. But these reforms will live or die in the federal courts. We immediately saw litigation from right-wing state attorneys general challenging the constitutionality of the health care bill. Will the fate of that bill and others be decided by George W. Bush-appointed judges? That looks increasingly likely if many of the lower federal court vacancies are not filled in a timely manner. Republican obstruction and threats of filibuster cannot be allowed to deter or delay the confirmation of much-needed judicial nominees.

Barry Friedman has an op-ed in today’s Politico that hammers home this point while providing some relevant examples:

Administrations frequently find their regulatory plans in judicial trouble. The Supreme Court gutted the Carter administration's plans to regulate toxic benzene in the workplace. When the Bush administration's Environmental Protection Agency refused to regulate greenhouse gases, claiming a lack of statutory authority, the justices disagreed. The Reagan administration suffered defeat on air bags, the Clinton administration on tobacco regulation.

Just last week, the D.C. Circuit Court ruled the Federal Communications Commission does not have the authority to require broadband providers to treat all customers equally regardless of the type of lawful content they're sending and receiving -- called "net neutrality."

Read Friedman's full piece here:
http://dyn.politico.com/printstory.cfm?uuid=F8683704-18FE-70B2-A857018EEDBEBF04
 

PFAW

Meet the Right’s Newest Judicial Codeword

Maybe the Right Wing is finally realizing that after Citizens United, “judicial activism” just doesn’t cut it for slamming judicial nominees who aren’t willing to overturn a century of settled campaign finance law. So they’re trotting out a brand new talking point to fill the void: “outcome based” judging.

CQ-Roll Call highlighted the up-and-coming new meme:

As part of that effort, Republicans beginning this week will look to use some of Obama’s previous lower court picks — particularly the nomination of Goodwin Liu to the U.S. Court of Appeals for the 9th Circuit — as adhering to a liberal, “outcomes-based” philosophy rather than a constitutionalist approach.

What’s it mean? Allow us to translate: “Liberal activist!! Legislate from the bench!! Empathy! Wise Latina!!!! OMG OMG OMG!!!!”

Yes, “outcome based” is just the latest in a long line of virtually meaningless epithets aimed at any judicial nominee who disagrees with the gospel according to Robert Bork.

Is there a debate to be had between different philosophies towards applying the Constitution? Sure. Justice Scalia and Justice Breyer have it all the time. But this isn’t it. In the upcoming confirmation process for Justice Stevens’s successor, the American people deserve a conversation about the Court and the role it plays in the lives of ordinary people. Unfortunately, it seems like the GOP is planning the same warmed-over sound bytes we’ve been getting for years.
 

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Senator Shelby Should Maybe Review His Website

There are plenty of reasons to be outraged by Senator Shelby's decision to put a blanket hold on all executive branch nominations in an effort to steer more federal dollars to his state.  After all, most people would agree that it's good for the country for the Senate to be able to move forward on key nominations to the Army, Air Force, Department of Homeland Security and Department of Defense.

Senator Shelby, of course, would rather have more pork for his state, but you'd think that even he would be outraged by the principle of refusing an up or down vote on nominations.  After all, his own senate website rails against filibusters on judicial nominees.

As a U.S. Senator, I believe that the review of judicial nominations is one of the most important responsibilities of the Senate, and I firmly believe that each of the President's nominees should be afforded a straight up-or-down vote. I do not think that any of us want to operate in an environment where federal judicial nominees must receive 60 votes in order to be confirmed. To that end I firmly support changing the Senate rules to require that a simple majority be necessary to confirm all judicial nominees, thus ending the continuous filibuster of them.

And that's how he feels about nominations for lifetime seats on the federal bench.  If he's that committed to guaranteeing up or down votes on nominees who will have their positions for life, then obviously he'd support up or down votes for nominees who serve at the pleasure of the president.

Yet Senator Shelby is still obstructing these nominees to gain political leverage for his own pet projects.

I think there's a word for that.

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What Moderates?

Last night, Patricia Smith, President Obama’s choice to be Solicitor of the Department of Labor, passed an important procedural hurdle: the Senate decided to vote on her nomination.

What’s remarkable is that, unlike past attempts to block votes on executive branch nominees, the vote was entirely along party lines.  Even the so-called moderates in the Republican party, like Senators Susan Collins and Olympia Snowe, voted against allowing an up or down vote on a second-tier executive branch nomination.

For a party that railed against the use of the filibuster even in the case of judicial nominees, the hypocrisy is remarkable.

Perhaps, you think, Patricia Smith is far outside the mainstream, and the GOP was using it’s last tactic to stop an extreme nominee. 

Nope.  

But filibustering a nominee like Smith for a position most people have never heard of in a department that is rarely in the news still requires some justification. After all, most of the GOP senators have been around long enough that they served during a time when such a filibuster would be unimaginable.

So they called Smith a liar.

Sen. Mike Enzi (R-Wy.), the ranking Republican on the Health, Education, Labor and Pensions Committee, led the pack, decrying her "lack of candor" and cited "discrepancies in her testimony." The issue -- which was really not, of course, the issue -- centered on a small pilot program in New York called Wage Watch, which aims to educate workers about the minimum wage is and when they are entitled to overtime. Republicans, during committee hearings, insisted that it was a Big Labor plot, but Smith said the idea had been generated within her office. It was later shown that apparently a labor representative had suggested it to an employee, who then suggested it to Smith.

The GOP also lambasted Smith for categorizing the pilot program as "educational" rather than "enforcement." Democrats pointed out that the distinction was an irrelevant one: The purpose of the education was to improve enforcement efforts.

The pilot program cost $6,000. Smith manages some 4,000 employees and oversees an $11 billion annual budget.

The conclusion is obvious.  The GOP, including so-called moderates, are obstructing nominations for the sake of obstruction, throwing sand into the gears of government and attempting to hobble the Obama administration by any means necessary.  That tactic is irresponsible and unacceptable.  Americans deserve better.

 

PFAW

Senator Leahy Decries Republican Obstruction on Nominees

Senate Judiciary Chairman Patrick Leahy lashed out today at the unprecedented obstruction of judicial and executive branch nominees by the Republican majority. There are currently 12 judicial and 15 executive branch nominees on the Senate Calendar that the Republicans are stalling. Some, like Dawn Johnsen, as Senator Leahy notes, have been awaiting action for more than nine months. The last judicial nominee, whom Republicans delayed for six weeks, was confirmed unanimously by a vote of 97 to zero. Since that vote on December 1st, not a single judicial nominee has been considered by the full Senate. There are now more judicial nominees pending on the Senate calendar than have been confirmed all year.

The Republican agenda of delay and obstruction is clear. The price to the American people is also clear. With the range of critical issues before this Administration, the President needs his team at the Justice Department in place. And, with the 97 current and 23 announced judicial vacancies reaching record proportions, the threats to the administration of justice are serious. As Senator Leahy said, “Justice should not be delayed or denied to any American because of overburdened courts and the lack of Federal judges.”

You can read Senator Leahy’s full statement here. And click here to read PFAW’s recent report on the obstruction of executive branch nominees.
 

PFAW

The Pew and the Bench: A Faith Summit on the Federal Judiciary

Today, there was a panel at the Religious Action Center discussing the role of religious communities in debates over judicial nominees. Joi Orr, program assistant with People for the American Way’s African American Religious Affairs department spoke about the role of the religious vote and what People for the American Way is currently doing around judicial nominations.

Other panelists included: Nancy Zirkin from the Leadership Conference on civil rights, Jim Wimkler from the general board of the United Methodist Church, Holly Hollman from the general counsel of the Baptist joint committee, Sammie Moshenberg from the National Council of Jewish Women, Rick Foltin from the American Jewish Committee and Mark Pelavin from the Religious Action Center.

Panelists briefly discussed how their organizations reach various faith communities, and reiterated the importance of having strong judicial candidates for these lifetime position. Joi summarized the work that the African American Religious Affairs department is accomplishing with regards to judicial nominations.

The ministers programs were founded to act out of the prophetic vein of the Black Church. So I will say, that we do not claim to speak on behalf of the entire black church, because it is not a homogeneous group. We particularly advocate and represent the marginalized, disenfranchised, and outcast. So like the prophet Rev. Dr. Martin Luther King Jr., we advocate with a liberal reading of the Bible in one hand and the Constitution in the other. That’s what the prophetic black church has done throughout history. We rejected the “slaves obey your masters” rhetoric of the New Testament, while embracing the nation’s sacred documents that purport to stand for liberty and justice for all. And I want to underscore the word all. Because the truly prophetic black church is inclusive in its advocacy. That’s why MLK was an integrationist. That’s why as an organization we work on fair public education for all of our children, fair comprehensive immigration reform, and LGBT rights, because injustice anywhere is a threat to justice everywhere.

PFAW

Patrick Leahy is fed up ... and he should be

Patrick Leahy is fed up and he should be.

Dawn Johnsen, President Obama's nominee to head the all important Office of Legal Counsel at the Justice Department, has been awaiting action by the full Senate since mid-March.

David Hamilton, President Obama's first judicial nomination, has been waiting since the beginning of June. 

Marisa Demeo, nominated to be an Associate Judge of the Superior Court of the District of Columbia has been waiting since the end of May.

These are just three of the 15 Justice Department and Judicial nominees that Republicans have been stalling for months!
"The Senate has to do better," says
Judiciary Chairman Leahy — and we couldn't agree more.

Click here to read more.

And take action by signing onto our petition urging the Senate to confirm Dawn Johnsen.

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