Fair and Just Courts

Scalia's Nightmare: Evil Foreigners Impose Marriage Equality on U.S.

In coming up with a scary hypothetical regarding the limits of congressional authority, Scalia turns to marriage equality.
PFAW Foundation

Judges Delayed, Justice Denied: PFAW's Drew Courtney Discusses the DC Circuit on MSNBC

People For the American Way Director of Communications Drew Courtney appeared on Disrupt with Karen Finney this weekend to discuss Senate Republicans’ reckless obstruction of President Obama’s nominees to the important Court of Appeals for the District of Columbia Circuit.

Watch the segment here:

PFAW

Supreme Court Won't Hear Abortion Rights Challenge

The Court won't review an Oklahoma court's ruling striking down limitations on how women can use medications to terminate early pregnancies.
PFAW Foundation

New DC Circuit Decision Shows Why GOP Wants to Block New Judges

With starkly political language, the DC Circuit rules that the ACA's contraception coverage provision violates business owners' religious liberty.
PFAW

GOP Senators Continue to Pretend the Judicial Conference Doesn't Exist

Senate Republicans ignore the Judicial Conference's admonition not to compare D.C. Circuit case filings to other circuits.
PFAW

More Evidence that the 'Court Efficiency Act' Isn't So Efficient

Unable to come up with any legitimate reason to filibuster President Obama’s three nominees to the Court of Appeals for the D.C. Circuit, Senate Republicans have landed on a not-so-convincing excuse: They claim that the court has too many judges as it is and that it would be wasteful to fill its remaining vacancies.

Sen. Charles Grassley of Iowa has even gone so far as to introduce a bill that would permanently reduce the number of seats on the influential court from eleven to eight (the number of active judges currently sitting on the court), thereby preventing President Obama from placing any more nominees on the court. (The president has had one nominee confirmed to the DC Circuit, compared to four nominees under President Bush and eight under President Reagan).

Grassley’s bill would reduce the number of slots on the DC Circuit by three and “reallocate” two of those seats  to circuits that he contends need the judges more.

There are a number of gaping flaws in Grassley’s logic, the first of which is that he and his fellow Republicans were eager to fill the very same DC Circuit seats that they are now trying to eliminate back when President Bush was the one making nominations.

Then, there’s the fact that there seems to be absolutely no basis for reallocating the two D.C. Circuit seats to the Eleventh and Second circuits. The official office that evaluates the needs of federal courts and makes recommendations for adding and removing seats doesn’t include the D.C. Circuit in its recommendations because the court’s caseload is uniquely complex and difficult to compare to that of other courts…and it also hasn’t recommended that the Eleventh or Second circuits get new judges.

This was confirmed by a former Chief Judge of the Eleventh Circuit whose statement  [see p. 34 of this pdf] was submitted into the Senate record last month confirming that his former court indeed does not need new judges:

Since my appointment to the Eleventh Circuit on October 1, 1990, the judges of our court annually have voted whether or not we should ask Congress to authorize more federal judges.  Each time our court considers the topic, an overwhelming majority of our members have voted “no!” 

Even one of the co-sponsors of the court-rigging bill – Sen. Jeff Sessions – has gone on record saying that the Eleventh and Second Circuits actually don’t need new judgeships.

All of which makes one suspect that of all the goals that Sen. Grassley might have in mind with the Court Efficiency Act, the efficiency of the courts is probably not one of them.

PFAW

Judicial Expert Confirms that D.C. Circuit Caseload Has Not Fallen

The chair of the Judicial Conference's Committee on Judicial Resources debunks the GOP line about the D.C. Circuit's caseload.
PFAW

The Republican Argument For Filibustering DC Circuit Nominees Is Bogus. Here Are The Numbers To Prove It

Republicans' stated reason for threatening filibusters of the D.C. Circuit nominees is bogus.
PFAW

Fact Checker Rewrites History of GOP Obstruction of Judicial Nominees

When Democrats have filed cloture on judicial nominations, it has been a response to unprecedented GOP obstruction.
PFAW

Roberts Court Not Likely to Help Victims of Human Rights Abuses

Victims of Argentina's "dirty war" may be prevented from suing a corporate giant whose subsidiary collaborated in human rights abuses.
PFAW Foundation

Will the Roberts Court Choke Off Greenhouse Gas Regulations?

The Roberts Court will hear a challenge to the EPA's authority to regulate greenhouse gases from factories and power plants.
PFAW Foundation

What Universe Is the Roberts Court Living In?

In campaign finance, what is obviously corruption to most of us is just business as usual to the Roberts Court.
PFAW Foundation

Watch Out, the Roberts Court is Back in Session

The arch-conservative Roberts Court begins a new term that could affect vast areas of American law.
PFAW Foundation

Three Exceptional DC Circuit Nominees

President Obama's nominees to fill the DC Circuit's three vacancies all have sterling qualifications and deserve a yes-or-no confirmation vote.
PFAW

Sen. Richard Blumenthal Discusses the GOP’s Judicial Obstruction and the DC Circuit with PFAW Members

President Obama has nominated three extraordinarily well qualified individuals to serve on the influential U.S. Court of Appeals for the D.C. Circuit. But the Republican Party's intransigence and opposition have turned this into one of the most important obstruction fights we've seen in the last five years.

On Tuesday, September 24, People For the American Way hosted a telebriefing with U.S. Senator Richard Blumenthal (D-CT) to discuss the matter.

Senator Blumenthal, who sits on the Judiciary Committee, chaired last week’s hearings on the nomination of Nina Pillard to a seat on the D.C. Circuit. He gave a first-hand account of how very qualified she is to serve on this all important court. He explained how important the D.C. Circuit is in the federal judicial system, why it’s important to fill the current vacancies on the court, and how Pillard exemplifies the brilliance and integrity that is so important in filling these vacancies.

Listen to the call for yourself here:

We had a lot of questions from callers about the need to overcome the GOP’s obstruction on these nominees and talked about how important it is for constituents to let their Senators know that it’s time for the obstruction to end.

Thanks to all the PFAW members who the time to join our call. We’ll continue to fight to make sure President Obama's nominees get the simple yes or no votes they deserve.
 

PFAW

Rubio Holding Up Nomination of Openly Gay African American Florida Judge

Sen. Marco Rubio of Florida has for months been single-handedly holding up the nomination of William Thomas, an openly gay African American Miami judge, to a federal district court.

Rubio’s indefinite hold on Thomas’ nomination is one of the most egregious examples yet of Senate Republicans using the obscure “blue slip” procedure to prevent home-state judicial nominees from even having a hearing before the Senate Judiciary Committee.

Under a Senate custom that has varied over time Judiciary Committee Chairman Patrick Leahy will not advance a nominees’ consideration --  won’t even hold a hearing, let alone take a vote -- until both of that nominee’s home-state senators return a “blue slip” giving their permission for a nomination to go forward. The blue slip doesn’t indicate a senator’s approval of the nominee – the senator is still free to vote against the nominee and to lobby their fellow senators to do the same.  It just means that the nominee can be considered by the Judiciary Committee and then the full Senate. But if just one senator doesn’t return a blue slip, the nomination won’t see the light of day.

Republican senators have been routinely using this tactic of withholding blue slips in order to slow-walk President Obama’s judicial nominees. Currently, five nominees are being held back because one or both senators have refused to return blue slips. And all are women or people of color.

Because the blue slip process is secretive and little-known, senators are often able to get away with holding nominees this way with little public pressure and no public explanation.

Rubio, however, faced pressure from the Florida legal community in recent weeks for his failure to return blue slips for Thomas and another Florida nominee, Brian Davis. The senator finally gave in under pressure and allowed Davis’ nomination to go forward, but is digging in his heels on his blockade of Thomas.

Rubio’s stated reasons for blocking Thomas’ nomination are exceptionally flimsy. He has cited  two cases where he claims Thomas gave insufficiently harsh sentences in criminal trials; in one case, even the prosecutor has defended Thomas’ judgment and a local judge has written to Rubio to correct the record. In the other case the senator cites, Judge Thomas sentenced the defendant to death, which Rubio seems to think was insufficiently harsh. It is clear that there is no merit to the senator’s claims. Holding hearings on this nominee would help clarify that, if they were allowed to take place.

The real reason for Rubio’s blockade and his smear of Judge Thomas’ character, writes Miami Herald columnist Fred Grimm, is plain and simple “crass Tea Party politics.”

Rubio has stated no compelling reason why Thomas should not have a hearing before the Judiciary Committee, where he can answer any of Rubio’s alleged concerns in the public record. 

PFAW

Senate Confirms First Ever Openly Gay Circuit Court Judge

The Senate today confirmed Justice Department attorney Todd Hughes to a federal appeals court, making him the highest-ranking openly gay federal judge in U.S. history.

President Obama has nominated more openly gay men and women to the federal courts than all his predecessors combined – by a long shot. So far, the Senate has confirmed seven openly gay Obama nominees to federal district courts. Before Obama’s presidency, there had been just one openly gay federal judge, Clinton nominee Deborah Batts.

Two other openly gay district court nominees are still in committee, but one of them –openly gay district court nominee, Florida’s William Thomas – is currently being held up indefinitely by Sen. Marco Rubio.

But today, the Senate’s attention is on Todd Hughes, who will be the newest judge on the Federal Circuit. The Washington Post outlines Hughes’ impressive credentials:

Hughes, who has served as deputy director of the commercial litigation branch of the Justice Department's civil division since 2007, has specialized in the kinds of issues that come up before the bench on which he will soon sit. Unlike the other 12 Circuit Courts of Appeals, the Federal Circuit specializes in a handful of designated issues including international trade, government contracts, patents, trademarks, veterans' benefits, and public safety officers' benefits claims. Hughes could not be reached for a comment.

Geovette Washington, who is the Office of Management and Budget's general counsel and has been friends with Hughes since they attended law school together, described him as "a problem solver" who "can do very complicated constitutional issues," but also brings a degree of pragmatism to cases.

"I have always been amazed by how intelligent he is, but also how practical he is," she said, adding that Hughes is well prepared for the Federal Circuit because he's appeared before it so many times. "He's dug in and done the hard work on those issues."

 

 

PFAW