Washington, DC – The Senate today confirmed Gershwin Drain, a nominee to fill a long-standing emergency vacancy in the Eastern District of Michigan. The 55 to 41 vote came on the heels of the Senate GOP’s unprecedented refusal to confirm even consensus appeals court nominees until after the presidential election. While Senate Republicans claim to be cooperating on filling district court vacancies, they are doing so grudgingly and inefficiently, allowing no more than one vote a week. As a result, the backlog of pending nominees has gotten larger and larger. Drain, nominated to fill an emergency vacancy that has been open for three and a half years, was forced to wait over four months after committee approval for his long overdue vote on the Senate floor.
There are 74 district judgeships currently or about to become vacant and 18 qualified nominees waiting for votes on the Senate floor. Ten of these would fill judicial emergencies. Most have been waiting for a vote since June or earlier; four of them since April. As the Senate prepares to leave for its August recess, there is no reason not to vote on all these long-pending nominees.
“There is no way that Gershwin Drain should have had to wait four months simply for an up-or-down vote from the Senate,” said Paul Gordon of People For the American Way. “Senate Republicans have already announced they’ll filibuster all remaining appeals court nominees, even those without opposition, even those strongly supported by members of their own party. Now, they’re making the confirmation process for the 18 remaining district court nominees painfully slow. There are more than 60 vacancies in district courts around the country that need to be filled immediately, with another dozen about to open up. The Senate GOP should start doing its job and let the President and Senate fill them in a timely manner.”