On Monday, the Senate will hold a cloture vote to end the filibuster of Robert Bacharach to the Tenth Circuit Court of Appeals. This filibuster is just the latest example of the destructive obstruction of judicial nominees that Republicans have engaged in from the very start of the Obama presidency.
In fact, if this filibuster succeeds, it will be the first time there has ever been a successful filibuster of a circuit court nominee who was approved in committee with bipartisan support.
Bacharach, who hails from Oklahoma, is extraordinarily well qualified to be a circuit court judge. The ABA panel that evaluates judicial nominees unanimously gave him their highest possible rating, "well qualified." He has been a magistrate judge in the Western District of Oklahoma for over a decade, giving him substantial experience with the criminal and civil legal issues he would face as a circuit court judge.
Much of Oklahoma's legal establishment has publicly supported his nomination: the Chief Judge for the Western District of Oklahoma; the Oklahoma Bar Association; the Dean of the University of Oklahoma College of Law; the General Counsel at Oklahoma City University; the Dean Emeritus at Oklahoma City University School of Law; the President of the Oklahoma County Bar Association; fellow members of the Federal Bar Association; and attorneys who worked closely with him while he was in private practice.
Bacharach also has strong bipartisan support. He has the support of President Obama and both of Oklahoma's Republican senators. In addition, he was approved by the Judiciary Committee nearly unanimously, with only Sen. Lee voting no (for reasons unrelated to the nominee). Sen. Coburn has said it would be "stupid" for his party to block a floor vote on Bacharach.
Last month, Senate Minority Leader Mitch McConnell announced that his party would refuse to consent to any further confirmation votes for circuit court nominees, purportedly because it is an election year. He cited the so-called "Thurmond Rule," which he mischaracterized as a practice of not allowing any judicial confirmation votes as we approach a presidential election. In reality, it is not a "rule" at all. Instead, it is the name for the general principle that the party not in the White House will sometimes slow confirmation of controversial judicial nominees at some point in the months leading up to a presidential election. It has nothing to do with consensus nominees like Bacharach.
In fact, as noted above, a successful filibuster of Bacharach would be the first time there has ever been a successful filibuster of a circuit court nominee who was approved in committee with bipartisan support. That is hardly consistent with Senate history or practice.
But it would be consistent with Republican efforts to obstruct President Obama's judicial nominees regardless of their qualifications, regardless of their strong bipartisan support, and regardless of the damage the obstruction inflicts on the American people. After years of calling filibusters of President Bush's judicial nominees unconstitutional, Senate Republicans turned around and filibustered President Obama's very first judicial nominee (David Hamilton, to the Seventh Circuit). This year, most of the circuit court nominees who have been confirmed have required a cloture vote to break Republican filibusters.
Republican efforts to filibuster Robert Bacharach are completely unjustified, but are also no surprise.
To: Editorial boards and journalists
From: Marge Baker, Executive Vice President, People For the American Way
Subject: Gridlock or Bust: How the Senate GOP Has Abandoned Its Own Nominees for the Sake of Obstruction
Date: July 19, 2012
Yesterday, Senate Majority Leader Harry Reid and Minority Leader Mitch McConnell got into a shouting match on the Senate floor, each of them accusing the other of purposefully stalling Senate business.
One of them was right. The other was making flimsy excuses.
Senate Republicans under McConnell’s leadership have routinely stalled the government’s business even on matters on which they agree with Democrats. Nowhere is this clearer than in the obstruction of nominees to the federal courts, particularly those with strong bipartisan support. And nowhere is that clearer than the senseless filibuster of the nomination of Oklahoma’s Robert Bacharach to the Tenth Circuit Court of Appeals.
Bacharach has the strong support of both of Oklahoma’s Republican senators. He was approved by a strong bipartisan majority in the Senate Judiciary Committee. Yet McConnell, citing a nebulous so-called rule named after South Carolina segregationist Sen. Strom Thurmond, refuses to hold a vote on Bacharach’s confirmation. (Under Senate rules, the majority cannot schedule a vote without the consent of the minority party. Denying that consent for President Obama’s judicial nominees has been standard operating procedure for McConnell. This quiet filibuster is usually hidden from the public unless the majority calls for a cloture vote to end it.)
Oklahoma’s Robert Bacharach and the 20 other highly qualified judicial nominees awaiting confirmation deserve swift up-or-down votes from the full Senate.
McConnell is misleading Americans on the extent of his own obstruction.
In their exchange yesterday, Sen. McConnell accused Sen. Reid of “basically trying to convince the American people that it’s somebody else's fault, that the Senate is not doing the basic work of government.”
The Senate is not doing the basic work of government. But the blame for that lies squarely on the shoulders of McConnell and his party.
Look at the progress on the confirmation of President Obama’s judicial nominees: the average federal court nominee under President Obama has waited 103 days after committee approval just for an up-or-down vote from the Senate. The average wait for George W. Bush's nominees at this point in his first term was just 34 days. The result is that only 153 Obama nominees have been confirmed so far, compared with 197 Bush nominees at the same point in his term. While Bush cut the judicial vacancy rate by over one third during his first term in office, Obama is set to end his first term with more vacancies than he started with, capping off a historically long period of high vacancy rates.
McConnell, unsurprisingly, has been trying desperately to hide these numbers. In an op-ed in the Los Angeles Times yesterday, he and Sen. Charles Grassley claimed that the Senate today “already has confirmed 152 of his lower-court nominees, compared to only 119 of Bush's under similar circumstances.”
What they call “similar circumstances” is what the rest of us would call “apples and oranges.” The senators are comparing the confirmation rate in Obama’s first term to that in Bush’s second term – when, because of a cooperative Senate he had many fewer judicial vacancies to fill.
McConnell is prioritizing obstruction over the wishes of his fellow GOP senators.
Tenth Circuit nominee Robert Bacharach of Oklahoma has the strong support of both of his home-state GOP senators. In fact, Sen. Coburn has publicly spoken out against the needless obstruction of Bacharach’s nomination, calling McConnell’s delays “stupid.” Bacharach’s position is similar to that of First Circuit nominee William Kayatta of Maine, who is being filibustered by the Senate GOP despite support from home-state Republican senators Olympia Snowe and Susan Collins.
Both nominees received bipartisan support in the Senate Judiciary Committee. Both have earned the American Bar Association’s highest rating.
Yet Kayatta has been waiting for a Senate vote since April and Bacharach since June. And if McConnell continues to have his way, neither nominee will even reach a Senate vote this year. Why? The Minority Leader arbitrarily announced last month that he would block all Circuit Court nominees until after the presidential election.
Sen. McConnell is trying to fool the American people with his creative statistics and denials. Under his leadership, the Senate GOP has become a force of gridlock, stopping even routine government business at every opportunity. If Sen. McConnell wants to prove that current Senate dysfunction is not the fault of his party, he can start by allowing a vote on Robert Bacharach.
Press contact: Miranda Blue, firstname.lastname@example.org, (202) 467-4999
Senator James Inhofe (R-OK) appeared on Voice of Christian Youth America’s radio program Crosstalk with Vic Eliason yesterday to promote his new book The Greatest Hoax: How the Global Warming Conspiracy Threatens Your Future, where he repeated his frequent claim that human influenced climate change is impossible because “God’s still up there.” Inhofe cited Genesis 8:22 to claim that it is “outrageous” and arrogant for people to believe human beings are “able to change what He is doing in the climate.”
Eliason: Senator, we’re going to talk about your book for a minute, you state in your book which by the way is called The Greatest Hoax, you state in your book that one of your favorite Bible verses, Genesis 8:22, ‘while the earth remaineth seed time and harvest, and cold and heat, and summer and winter, and day and night shall not cease,’ what is the significance of these verses to this issue?
Inhofe: Well actually the Genesis 8:22 that I use in there is that ‘as long as the earth remains there will be seed time and harvest, cold and heat, winter and summer, day and night,’ my point is, God’s still up there. The arrogance of people to think that we, human beings, would be able to change what He is doing in the climate is to me outrageous.
Inhofe also says that Richard Cizik, the former Vice President of the National Association of Evangelicals, was bought off by environmentalists and “has been exposed since then to be the liberal that he is”…because apparently liberals can’t be Christians?
He went on to cite Romans 1:25 to criticize people, particularly evangelicals like Cizik, who believe in climate change. Inhofe said that just as Scripture forecasted, people have now “worship the creation” when they support environmental protection, which seems to assume that humans won’t be negatively impacted by climate change.
Caller: Senator, do you quote any Scripture in your book?
Inhofe: Yeah, as a matter of fact I do. My favorite is Genesis 8:22 which is ‘as long as the earth remains there will be seed time and harvest, cold and heat, winter and summer, day and night,’ you know, God’s still up there. There’s another piece of Scripture I’ll mention which I should’ve mentioned, no one seems to remember this, the smartest thing the activists did in trying to put their program through is try to get the evangelicals on their side, so they hired a guy named Cizik, and he had his picture in front of Vanity magazine dressed like Jesus walking on water. He has been exposed since then to be the liberal that he is. I would say that the other Scripture that I use quite frequently on this subject is Romans 1:25, ‘They give up the truth about God for a lie and they worship God’s creation instead of God, who will be praised forever.’ In other words, they are trying to say we should worship the creation. We were reminded back in Romans that this was going to happen and sure enough it’s happening.