Because of Republican refusal to let Majority Leader Reid hold confirmation votes, there are 32 judicial nominations languishing on the Senate floor. They could be confirmed in a day, and even in a few minutes. But with Republicans filibustering all judicial nominees, the Senate will have to spend weeks doing nothing but engaging in needless "post-cloture debate" before finally being able to confirm these 32 nominees.
All these nominees have had the support of their home-state senators, many of whom are Republicans. But with the GOP blocking votes on those same nominees, that support seems to be in name only.
For instance, Arkansas senators Mark Pryor (D) and John Boozman (R) were united in their strong support of nominees James Moody and Timothy Brooks before the Judiciary Committee last fall. Both nominees were approved by the committee unanimously, Brooks in October and Moody in November. But since then, Republicans have prevented them from having confirmation votes. Yesterday, Pryor went to the Senate floor to request unanimous consent to hold a confirmation vote, which Republican Chuck Grassley objected to. Boozman, however, did not speak up for the nominees or against his party's sabotage of the federal courts in Arkansas.
Such silence characterizes most if not all of the Republican senators who seem not to be protecting their states' nominees:
Illinois (Mark Kirk): Manish Shah (Northern District) and Nancy Rosenstengel (Southern District) were both approved by the Judiciary Committee by unanimous voice vote on January 16 and February 6, respectively. Rosenstengel would fill a vacancy that has been officially designated a judicial emergency by the Administrative Office of U.S. Courts.
Kansas (Pat Roberts and Jerry Moran): Nancy Moritz (Tenth Circuit) and Daniel Crabtree (District of Kansas) were both approved by the committee by unanimous voice vote on January 16. Crabtree would fill a judicial emergency and would fill a vacancy that opened back in 2010; Moritz's vacancy opened in back in 2011.
Maine (Susan Collins): Jon Levy has been awaiting a confirmation vote since January 16, when the committee approved him overwhelmingly. Sen. Collins spoke glowingly about Levy when he was nominated and when he appeared before the Judiciary Committee. But now what he needs is for her to have a conversation with her fellow Republicans about letting him have a confirmation vote.
Missouri (Roy Blunt): Douglas Harpool was unopposed when the committee approved his nomination on January 16. He would fill a seat that became vacant ten months ago when a sitting judge passed away.
Pennsylvania (Pat Toomey): Gerald McHugh and Edward Smith were both among those approved by the committee on January 16, Smith unanimously and McHugh with a bipartisan 12-5 vote. Sen. Toomey has noted that "Judge Smith will sit in the Easton courthouse, which has lacked a sitting federal judge since 2004, thus ensuring that the people of the northern Lehigh Valley will once again have close, ready access to the federal judiciary." But unless Toomey can get his party to relent, the people of the northern Lehigh Valley will have to wait.
Tennessee (Lamar Alexander and Bob Corker): Pamela Reeves, who would be the first woman federal judge in the state's Eastern District, was approved by the Judiciary Committee by unanimous voice vote in November, yet has not been allowed a simply yes-or-no vote. Since then, she has been joined by Sheryl Lipman, who was similarly approved unanimously last month.
Utah (Orrin Hatch and Mike Lee): Carolyn McHugh would be the first woman from Utah to serve on the Tenth Circuit. Both her senators are actually on the Judiciary Committee. Last year, Hatch said he hoped the Senate would "act quickly" in confirming her, and Lee said he would work to "ensure her speedy confirmation." But this year? Despite her unanimous approval by the Judiciary Committee, Hatch and Lee's party hasn't allowed her to take her seat on the Tenth Circuit.
Wisconsin (Ron Johnson): James Peterson would fill a seat that has been vacant for more than five years, and which has been designated a judicial emergency. Last year, Sen. Johnson recommended him to the White House and urged his fellow Senators toward a "swift confirmation." He was approved with overwhelming bipartisan support by the Judiciary Committee last week, but he and the two other nominees advanced that day found themselves at the back of a line that already had 29 people on it. If Johnson wants a "swift confirmation," he might ask his fellow Republicans to let up and allow votes on all those other nominees.
In all these cases, courtroom vacancies could be filled if only Republicans would allow it. Each of these Republican senators has to decide whether GOP leader Mitch McConnell deserves a show of loyalty more than their constituents deserve a fully functioning system of justice.