The War on Women doesn't stop with reproductive rights. In a new post at Ms. Blog, People For's Marge Baker explains how GOP obstruction of judicial nominees is keeping women -- as well as people of color and gays and lesbians -- from reaching positions of power in the federal courts:
President Obama has made no secret of his goal to make the American courts look like America. Along with the effort to bring more women to the bench, roughly 36 percent of his nominees have been people of color, and he has nominated more openly lesbian and gay individuals to the federal courts than all his predecessors combined.
But the president’s effort to bring a diversity of voices to the federal courts is now facing a major roadblock. Senate Republicans have been obstructing President Obama’s judicial nominees to an unprecedented extent–usually not because of objections to the nominees themselves, but just for the sake of creating gridlock. Indeed, most of President Obama’s nominees have been approved by the Judiciary Committee with unanimous or near-unanimous bipartisan support. Nevertheless, after committee approval, Republicans in the Senate have forced the president’s nominees to wait four times longer to get a yes-or-no vote than President Bush’s nominees at the same point in his term.
As a result, about one out of ten courtrooms in the country are vacant and Americans are facing inexcusable delays as they seek their day in court. One of President Obama’s least-noticed but most long-lasting achievements–putting a qualified, diverse group of judges on our federal courts–has been put at risk.
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.
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.
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.
Earlier this week, Senate Republicans were harshly criticized for filibustering a highly qualified Cuban American with no committee opposition nominated for a seat on the Eleventh Circuit. Yesterday, they doubled down and set their sights on an unopposed district court nominee, Jesse Furman of New York. As we noted yesterday, the absurdity of the move cannot be overstated. The Senate GOP wasn’t just moving the goalposts, they were moving the entire football field.
It appears that the barrage of deserved criticism they received for this outrageous escalation in their war against the American judiciary has had an effect: It was just announced that the cloture petition will be vitiated (i.e., withdrawn). More than five months after Furman was approved without opposition by the Senate Judiciary Committee, he will finally get his day on the Senate floor. In turn, assuming he is confirmed, more New Yorkers will get their day in court.
This is a victory for every American who wants to protect our nation’s judicial system.
And the bipartisan cooperation keeps rolling on. This week, the Senate confirmed Judge Adalberto Jose Jordan to a seat on the federal Court of Appeals for the 11th Circuit in Atlanta. A visitor from another country might not have appreciated the proportions of this achievement, given the fact that Jordan, who was born in Cuba and who once clerked for Sandra Day O’Connor, had no discernible opposition.
But Americans ought to have a better grasp of how the Senate works. The nomination’s progress had long been thwarted by Mike Lee, a freshman Republican from Utah, who has decided to hold up every single White House appointment to anything out of pique over ... well, it doesn’t really matter. When you’re a senator, you get to do that kind of thing.
This forced the majority leader, Harry Reid, to get 60 votes to move Judge Jordan forward, which is never all that easy. Then there was further delay thanks to Rand Paul, a freshman from Kentucky, who stopped action for as long as possible because he was disturbed about foreign aid to Egypt.
All that is forgotten now. The nomination was approved, 94 to 5, only 125 days after it was unanimously O.K.’d by the Judiciary Committee. Whiners in the White House pointed out that when George W. Bush was president, circuit court nominations got to a floor vote in an average of 28 days.
No matter. Good work, Senate! Only 17 more long-pending judicial nominations to go!
Senate Republicans – already being condemned for their unprecedented obstruction of highly qualified judicial nominees with strong bipartisan support – today responded to that criticism by escalating their partisan obstruction to even more extremes. Today, after finally overcoming the four-month obstruction of an unopposed circuit court nominee, Senate Democrats were forced to file cloture on the nomination of an unopposed district court nominee, one who worked for and has the support of Bush Attorney General Michael Mukasey: Jesse Furman, nominated to the Southern District of New York.
It would be hard to overstate just how absurd this is. When George W. Bush was president, Democrats routinely approved District Court nominees, frequently without even a recorded vote.
Adding to the absurdity of the filibuster, Republicans have given no reason to vote against Furman's confirmation. He is a respected lawyer who has devoted his legal career to public service, serving under both Democratic and Republican administrations. After law school, he clerked for Justice David Souter, Judge Michael Mukasey (a Reagan nominee to the Southern District of New York) and José A. Cabranes (a Clinton nomine to the Second Circuit). He worked as an Assistant U.S. Attorney in the Southern District of New York during the George W. Bush Administration. For two years during that time, he was detailed to work as Counselor to Mukasey, who had by then become Attorney General under President Bush. In 2009, he returned to the Southern District of New York to become Deputy Chief Appellate Attorney in the U.S. Attorney's Office.
One might think Mukasey's strong support for the nomination would give Republicans reason not to filibuster. He wrote this of Furman: "All I can hope to add is my own belief that he is a person to whom one can entrust decisions that are consequential to the lives of people and to the general welfare of the populace, with confidence that they will be made wisely and fairly ... and I urge that he be confirmed."
Mukasey is not alone. The ABA has analyzed his record and found him qualified. A unanimous Judiciary Committee agreed.
There are currently six judicial vacancies in the Southern District of New York. Furman's nomination to fill one of those vacancies has been pending on the Senate floor for five months now.
This latest filibuster is an outrage. Republicans haven't just moved the goal posts. They've moved the entire stadium. The American people deserve so much better than this.