harry reid

Harry Reid Moving Judicial Nominations Forward, Despite Republican Obstruction

Senate Majority Leader Harry Reid filed cloture yesterday on the nomination of John B. Owens to a seat on the US Court of Appeals for the Ninth Circuit—one that has been declared a judicial emergency and which has been vacant for almost 10 years. This moves forward the Senate judicial confirmations process that has been relentlessly slowed down by GOP obstruction. In an atmosphere of constant delays, it is commendable that Sen. Reid is taking action to get nominees confirmed, especially circuit court nominees.

Because of obstruction by Senate Republicans, nominations for the circuit court have been made particularly cumbersome. As we explained last month, if Senators refuse to provide “unanimous consent” to schedule a vote, Sen. Reid is forced to file a cloture petition to allow a yes or no vote on the nominee. Once cloture is invoked,  Senate rules allow the minority to insist on “post-cloture debate”— up to 30 hours for circuit court nominees.

With six circuit court nominees now on the Senate calendar, (including the most recent addition, Fifth Circuit nominee Gregg Costa, who was recommended unanimously by the Senate Judiciary Committee this morning) and more in the pipeline, Republicans can tie the Senate up for 180 hours of needless “post cloture debate” – that is weeks of floor time that could be spent doing something useful. Time is growing short to get them all confirmed by the end of the year. One easy answer is for Senate Republicans to forego their delaying tactics and permit the Senate to both confirm judicial nominees and perform the other important work waiting to be done. Until that happens, Sen. Reid should be applauded for pushing the process forward.

PFAW

Senate to Hold Cloture Votes on TN and AR Judicial Nominees

Early this week, the Senate is scheduled to hold cloture votes on four judicial nominees, including Timothy Brooks, nominee for the Western District of Arkansas and Pamela Reeves, nominee for the Eastern District of Tennessee. Brooks and Reeves have been waiting for confirmation votes on the Senate floor since October 31 and November 14, respectively.

As we noted earlier this month, Republicans are routinely delaying nominations on the Senate floor by requiring Democrats to invoke cloture on every single judicial nominee and then piling on hours of unneeded “post-cloture debate” for each nominee who is called up for a vote. This practice creates a weeks-long backlog of nominees awaiting votes and prevents the Senate from moving on to other business. Nominees like Brooks and Reeves could have been confirmed within minutes after they were sent to the Senate floor last year. Instead, both of these nominations were sent back to the  president in early January at the end of the first session of the 113th Congress to be re-nominated. After further needless delays in Committee, the nominees were finally placed on the Senate calendar only to wait an additional two months for consideration.

After the Senate has finally worked through the backlog of nominees to get to the Arkansas and Tennessee vacancies, Republicans are throwing up additional roadblocks, forcing Senator Reid to file cloture petitions, which will further delay their consideration. These nonsensical delays of well qualified nominees undermine the public’s faith in the Senate and create hardship for those seeking justice in the courts.

PFAW

Reid Calls Out Republicans on Obstruction of Judicial Nominees

On Tuesday, Senate Majority Leader Harry Reid (D-Nev.) responded to Sen. Chuck Grassley’s (R-Iowa) absurd claim that this Congress has done well in confirming judicial nominees. In fact, Republicans have not consented to even one judicial confirmation vote since November. The few votes that have been held since then have been over GOP filibusters. Unfortunately, Senate rules allow them to demand hours of needless “post cloture debate” after every cloture vote, so it could take weeks and weeks of Senate floor time to get through all the nominees waiting for a simple yes-or-no vote.

Reid was quick to voice that the confirmation process has been unnecessarily delayed by GOP obstruction:

Everyone knows that we are in this situation because of Republicans slow-walking every nomination—every nomination. There is no reason, no reason whatsoever that we are having votes on cloture on these judges.

“It is a waste of the taxpayers’ time to go through the process we’ve been going through.

Reid, aware of the prolonged time they will spend clearing the backlog due to these procedural delays, promised that they will get through filing cloture on all of the nominees.

If that’s what the Republicans want us to do, then that’s what we’ll do. The American people will see this colossal waste of time that we’ve been going through.

PFAW

Where is Speaker Boehner hiding all the good bills like ENDA?

Senators who stood on the right side of history and voted for passage should be thanked. Senators who stood with anti-gay extremists should hear your disappointment. There are more instructions here and here, and you can always reach them by dialing 202-224-3121. As we move on to the House, if you have not added your name already, sign our petition now to keep the pressure on all of Congress to pass ENDA. The time is now!
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Senators Pryor and Manchin join list of ENDA supporters, contact your senators now

ENDA and workplace fairness for all have a clear majority on their side, but every vote is still critical. Thank those already in support for protecting LGBT workers. Tell those who aren't yet on board to say yes to common sense and no to anti-gay extremists.
PFAW

Senator Nelson cosponsors ENDA, leaves 3 votes to go, contact your senators now

Every vote will be critical to passage. Thank those already in support for protecting LGBT workers. Tell those who aren't yet on board to say yes to common sense and no to anti-gay extremists.
PFAW

Leader Reid announces ENDA vote – contact Senate now

Every vote will be critical to passage. Thank those already in support for protecting LGBT workers. Tell those who aren't yet on board to say yes to common sense and no to anti-gay extremists.
PFAW

McConnell Bobs and Weaves on Judicial Nominations

McConnell tries & fails to justify filibuster of DC Circuit nominee Srinivasan, and throws a GOP-supported 10th Circuit nominee under the bus in the process.
PFAW

As Washington Begins Debate on Gun Violence Bills, National Responses Vary

As the U.S. Senate prepares to consider a package of gun violence prevention proposals this week, the current debate on the role of guns in society has led to a variety of legislative responses in D.C. and across the nation.
PFAW

After Long Delay, Senate GOP Finally Agrees to Confirmation Votes on Connecticut and Maryland Judicial Nominees

Washington, DC – This afternoon, Senate Majority Leader Harry Reid overcame Republican roadblocks to schedule confirmation votes on two highly qualified district court nominees from Connecticut and Maryland. Michael P. Shea of Connecticut has been a partner of a law firm with extensive experience in a range of civil and criminal cases, and Paul William Grimm of Maryland has served as the Chief United States Magistrate Judge for Maryland for six years. Both nominees have outstanding credentials, were approved by the Judiciary Committee with overwhelming bipartisan support, and both have the support of their home state senators. Nevertheless, for no reason other than a desire to obstruct Senate business, Republicans have blocked efforts to allow confirmation votes. Shea has been waiting seven months for a vote from the full Senate and Grimm has been waiting for five months. These will be the first votes on judicial nominees since September.

“We are pleased that these two exceedingly qualified nominees will finally receive their confirmation votes,” said Marge Baker of People For the American Way. “It’s shameful that the Republican minority has forced them to wait this long for simple up-or-down votes. These delays directly impact Americans seeking their day in court. In Connecticut, the judicial vacancy crisis is so severe that the Chief District Judge had to bring in out-of-state judges to help relieve the caseload. Senate Republicans must now allow votes on the remaining 17 nominees who were long ago approved by the Judiciary Committee and have needlessly been forced into limbo month after month after month.”

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GOP Bad Faith on the Pace of Confirmations

Since a bipartisan agreement on judges ended in May, the rate of confirmations that Republicans have consented to has plummeted.
PFAW

Senate GOP Refuses to Allow Votes on 17 Judicial Nominees; Sharp Break from Past Practice

Washington, DC – Senate Republicans today refused to allow a vote on 17 pending federal district court nominees before leaving for recess. Senate Majority Leader Harry Reid requested unanimous consent to take up and confirm all 17 district court nominations on the calendar. Minority Leader Mitch McConnell refused, despite the fact that most of the nominees have strong bipartisan support and some have been waiting as long as five months for a Senate vote. Twelve of the pending nominees would fill seats that the Administrative Office of the US Courts has declared “judicial emergencies.”

There is strong precedent for the Senate confirming district court nominees before the end of a President’s term in office. In September of 2008, the Senate confirmed President Bush’s ten remaining district court nominees by unanimous consent one day after they were approved by the Judiciary Committee.

“Under the leadership of Sen. McConnell, Senate Republicans have taken obstruction to a new level,” said Marge Baker, Executive Vice President of People For the American Way. “Never before have district court nominees been subject to this amount of partisan obstruction. Democrats have been forced to file cloture petitions to break filibusters on 20 of President Obama’s district court nominees, compared to just one each under Presidents Bush and Clinton. President Obama’s district court nominees have had to wait three times as long as President Bush’s just for an up-or-down vote. This has nothing to do with the quality of the nominees -- once they reach a vote, the vast majority have been approved nearly unanimously. Indeed, most of the 17 nominees that the GOP rejected today were approved with bipartisan support in the Judiciary Committee. All have had the support of their home-state senators, Republican and Democratic.

“This obstruction has nothing to do with the nominees and everything to do with the GOP’s desire to obstruct Senate business at all costs. These costs can be seen in the twelve judicial emergencies that remain vacant because of this obstructionism. Senators Reid and Leahy are right to prioritize the confirmation of these nominees. Backlogs in the courts are ultimately passed down to Americans seeking justice. Mitch McConnell and the Senate GOP must stop playing political games with our courts.”

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Senators Hear from Americans Concerned about the Courts

Senators saw the grass roots energy behind Americans’ commitment to our nation’s system of justice.
PFAW

As Senate Cuts Deal to Move Some Judicial Nominees, PFAW Urges GOP to End Partisan Obstruction

Senate Majority Leader Harry Reid and Minority Leader Mitch McConnell reportedly reached an agreement this afternoon to begin to alleviate the backlog of judicial nominees created by GOP obstruction.

According to reports, Republicans will allow votes on 14 pending district and circuit nominees by May 7th , the first seven before the end of this month.

Reid was forced to file petitions Monday to end GOP filibusters of 17 district court nominees, many of whom had been waiting for votes for more than three months. Prior to the Obama administration, only three district court nominees had been filibustered in the past 60 years. President Obama’s nominees to the federal courts have had to wait on average four times as long for a simple Senate vote as did President Bush’s nominees at this point in his presidency.

People For the American Way’s Marge Baker
issued the following statement:

“Today’s agreement is good news for many Americans who have been facing understaffed courts and delayed justice simply because of partisan gridlock in the Senate. But, unfortunately, today’s progress doesn’t end the Republican gridlock. Even after these 14 nominees are confirmed, far too many seats on our federal courts will still be vacant. President Obama’s nominees still face consistent, unprecedented delays. It is absolutely ridiculous that it took such pressure to allow votes on a group of eminently qualified nominees with strong bipartisan support.

“If Senate Republicans want to show Americans they’re serious about doing the work they were elected to do, they should allow votes on the remaining nominees pending on the Senate floor and additional nominees who will be reported by the Senate Judiciary Committee in the coming months. The GOP needs to kick its habit of unprincipled gridlock once and for all.”


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Judicial Obstruction: GOP Talking Points vs. The Facts

On Monday, Senate Majority Leader Harry Reid filed cloture petitions to end GOP filibusters of 17 district court nominees, an extraordinary move brought on by unprecedented Republican obstruction. The Senate GOP started immediately to try to spin the story to try to cover for the gridlock they had created. Here are the five main Republican talking points on the judicial obstruction showdown and the facts that rebut them:

GOP Talking Point #1: Senate Democrats have invented this conflict to make Republicans look bad. This is a little skirmish about timing that’s been blown out of proportion.

Sen. McConnell: “Rather than try to manufacture gridlock and create the illusion of conflict where none exists, why don’t we demonstrate we can kind of get something done together?”

Sen. Alexander: "This is a little disagreement that we have here between the Majority leader and the Republican leader on the scheduling of votes on district judges. It's not a high constitutional matter. It's not even a high principle. It's not even a big disagreement.”

The Facts:

  • Senate Democrats aren’t “manufacturing gridlock” – they’re bringing it into the daylight. Senate Republicans have created unprecedented gridlock over the last three years. Democrats are now calling them out on it.
  • President Obama’s judicial nominees have been met with such consistent obstruction that they now wait an average of four times longer than President Bush’s nominees just to reach a Senate vote. This unrelenting gridlock has helped create a historic vacancy crisis in the federal courts.
  • This is no minor matter: this is about whether 10% of our federal courtrooms remain empty. This is about Americans having access to fair and functioning courts.
  • If Senate Republicans wanted to move on from this issue, they could easily agree to schedule a vote today and confirm all 17 nominees. The Senate did just that in 2002, when it confirmed 17 of Bush’s district court nominees -- plus a Circuit Court nomination – all by  a voice vote in just a few minutes.
  • What’s really going on here is that Republicans don’t want these nominees to be put to a vote. No district court nominee has ever been successfully blocked by a filibuster – if they deny cloture on these nominees, the GOP will be setting a new and very dangerous standard.

GOP Talking Point #2: The GOP’s obstruction is a direct response to President Obama’s recess appointments.

Sen. Lee: "After the president made four unconstitutional appointments, we could no longer sustain the same level of cooperation.”

The Facts:

  • Senate Republicans have been obstructing President Obama’s judicial nominees from day one of his presidency. Even before the recess appointments, Obama nominees were stalled an average of four times as long as  Bush’s.
  • At the end of last year, even Sen. Lee was upset that Obama’s nominees weren’t getting votes. In December, he said he was “frustrated” that Utah District Court nominee David Nuffer had been stalled for two months on the Senate floor. “There is absolutely no reason why we shouldn’t have confirmed him before we got out.”
  • In August 2010, American Bar Association warned that the judicial vacancy crisis was leading to “justice denied.” In December 2010, Chief Justice John Roberts urged the Senate to solve “the persistent problem of judicial vacancies.” In April 2011, the Federal Bar Association warned that the vacancy crisis was harming business and costing taxpayers. For three years, Editorials Boards and commentators from across the nation have called for an end to obstruction. This is a persistent problem, not a new creation.

GOP Talking Point #3: Some of the filibustered nominees haven’t been on the calendar all that long, what’s the hurry?

Sen. Alexander: “We have 17 district court judgeships that have been recommended by the Judiciary committee. They could be brought up by the majority leader. He has the right to do that but of those 17, six of them - six of them - have been here for less than 30 days. They just got here.”

The Facts:

  • Moving district court nominees in under a month used to be the norm, not the exception. At this point in Bush’s presidency, the average district court nominee waited just 22 days after committee approval for a vote from the full Senate. Under President Obama, the average wait has been 93 days.
  • During Bush’s first term, 57 district court nominees were confirmed within a week of being approved by the Judiciary Committee. During Obama’s first term, only 5 have been.
  • On September 26, 2008, the Senate confirmed 10 district court judges by voice vote. All 10 had been reported just one day earlier.  In fact, 5 of these had just had their hearings three days earlier. Now, less than four years later and with a Democratic president in office, Republicans are saying this sort of quick processing of nominees is impossible.

GOP Talking Point #4: Senate Republicans are floating plans to vote “present” on the 17 cloture petitions, thus continuing to stall the nominees while not being tagged with a “no” vote.

Sen. Cornyn:Sen. John Cornyn (R-Texas) told POLITICO he thinks Republicans will vote ‘no’ or ‘present’ on the cloture votes on judges and won't allow Democrats to ‘jam’ them.”

The Facts:

  • Voting “present” on cloture is exactly the same thing as voting “no.” Anyone who is at all familiar with Senate rules, where it takes 60 “yes” votes to end a filibuster understands this basic point.
  • If Republicans want to continue to obstruct these nominees, they should be willing to be clear about what they are doing, not opt for some ruse. The American people are smart enough to understand that a “present vote” indicates that Republicans are playing games rather than playing their Constitutionally mandated role to advise and consent.
  • No district court nominee has ever been blocked by a filibuster. Whether Republicans vote “no” or “present,” if they succeed in denying cloture to any of these 17 nominees, they will be creating a dangerous precedent.

GOP Talking Point #5: The Senate has more important issues to focus on.

Sen. McConnell: “It could be that is precisely what my friend the Majority leader has in mind, to try to make the Senate look like it's embroiled in controversy where no controversy exists. So my suggestion is, why don't we do first things first.”

The Facts:

  • Americans rely on having access to a fair and functioning judiciary to assert their rights in cases of civil rights violations, employment discrimination, dangerously defective consumer goods, predatory lending practices, immigrant rights, consumer fraud, environmental destruction, and other areas. Because of Republican obstruction, the courts we rely on are in jeopardy – and the American people are paying the price.
  • During the Obama presidency “judicial emergencies” declared by the U.S. Courts have soared from 20 to 35 and the vacancy rate has been kept at an all-time high. 160 million Americans live in districts or circuits with at least one judicial vacancy.
  • Senate Republicans could easily move on to other priorities – by simply agreeing to hold up-or-down votes on the 17 nominees who they are currently filibustering.

Press Contact: Miranda Blue, (202) 497-4999, media@pfaw.org

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Senate Obstruction Continues: The Chart

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.
 

PFAW

Why is the GOP Filibustering Hispanic Judicial Nominees?

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.
 

PFAW

Senate Set to Turn Attention to Judicial Nominations Backlog

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.
 

PFAW

PFAW Applauds Progress on Judicial Nominations, Urges Senate to Vote on Remaining Nominees

The Senate Judiciary Committee today reported out five new judicial nominees and the Senate confirmed three, bringing to 27 the total number of nominees still waiting for a vote from the full Senate. This puts the nominations backlog back to where it was last month before Majority Leader Harry Reid pushed through votes on ten nominees who received broad bipartisan support.

The Senate Judiciary Committee today reported out five new judicial nominees and the Senate confirmed three, bringing to 27 the total number of nominees still waiting for a vote from the full Senate. This puts the nominations backlog back to where it was last month before Majority Leader Harry Reid pushed through votes on ten nominees who received broad bipartisan support.

“Senator Reid took an important step last month when he stood up to Republican obstructionism and pressured the Senate to confirm ten highly qualified judicial nominees,” said Marge Baker of People For the American Way. “Unfortunately, since then the nominations backlog has returned to its previous size. The Senate should make it a priority to completely clear the current nominations backlog. Holding a vote on all 27 nominees currently on the calendar would provide desperately needed assistance to strained courts throughout the country and demonstrate Congress’s ability to do its job.

“Senate Republicans have made a habit of delaying President Obama’s judicial nominees hostage for as long as possible. This obstructionism is bad for the American people, who depend on both an efficient justice system and an effective legislature. It’s time for the Senate to do its job and hold votes on these 27 nominees.”

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