Michelle Friedland

Senate Confirms Friedland Nomination After Months of Delays

Upon returning from a two week recess, the Senate voted today to confirm Michelle T. Friedland to the US Court of Appeals for the 9th Circuit. Notably, Friedland is the 100th female judge confirmed under President Obama.

People For the American Way’s Executive Vice President Marge Baker released the following statement:

“Today’s confirmation is an important step towards addressing the judicial vacancy crisis on the federal bench, particularly in our Courts of Appeals, and it’s an important step towards building a more diverse judiciary. Confirming President Obama’s nominees makes our judicial system work better for Americans who depend on the courts. That’s doubly true in circuit courts which are frequently the courts of last resort for determining issues that affect American families every day.

“Senator Reid should be applauded for moving the confirmation process forward despite the GOP’s unrelenting campaign of obstruction. Since the beginning of President Obama’s administration, Senate Republicans have delayed votes and slowed down the process of filling judicial vacancies with qualified judges. Their campaign of obstruction has increased the backlog of vacancies waiting to be filled and weakened our judiciary.

“Today’s confirmation is a step in the right direction. Filling vacancies in our courts should not be a partisan issue—it should be about the American citizens whom these courts serve.”

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In the Senate, Michelle Friedland's Nomination to 9th Circuit Advances Despite Continued GOP Obstruction

Today, the Senate voted to advance the nomination of Michelle Friedland to the 9th Circuit.

Friedland was one of many superb, highly qualified judges caught up in Republicans' blanket obstruction of judicial nominees, and President Obama was forced to re-nominate her for the court this year. After today’s vote, she still faces 30 hours of potential "post-cloture debate," unless Republicans allow the Senate to move forward on the nomination more expeditiously.

Even though the Senate changed its filibuster rule for judicial and executive branch nominations, lowering the threshold from 60 votes to a simple majority in order to invoke cloture and advance nominees toward confirmation votes, Republicans continue to force cloture votes as a procedural hurdle. The delay created by these votes and the subsequent 30-hour wait before a confirmation can occur amounts to a stubborn form of obstruction in itself.

And this is just one way that Senate Republicans are continuing to hold up the judicial nomination process. Judicial nominees from states with Republican senators also face unreasonable, meritless obstruction due the GOP's abuse of the Senate's "blue slip" policy, by which a senator can unilaterally put a permanent hold on a nominee from his or her state before they even get a hearing.

There are currently 31 judicial nominees on the Senate's calendar, many for long-unfilled vacancies and nearly half for ones that have been declared "judicial emergencies." As vacancies languish, courts can't do their job and in turn, Americans are denied access to justice. If Republican senators ended their obstruction and allowed the 31 pending nominees to go through, that alone would fill a third of the nation's current vacancies.

But based on how Republicans on Capitol Hill are behaving, we shouldn't hold our breath.

Today alone, in addition to wasting the Senate's time and taxpayers' money by forcing the Leadership to hold a cloture vote on Michelle Friedland, instead of just bringing her confirmation straight to an up-or-down vote:

  • Republican senators successfully filibustered the Paycheck Fairness Act, for the third time, despite persistent inequity in pay for women and men doing the same work.
  • And on the House side, Republicans on the House Education and the Workforce Committee blocked Democrats' attempt to bring the Employment Non-Discrimination Act (ENDA) up for consideration.

We’re going to keep fighting to get as many more nominees confirmed as we can this year, before time runs out. But the message we send to Republicans in November is tremendously important as well.

Winning or losing at the ballot box could be the difference between a continued vacancy crisis on federal courts dominated by pro-corporate, conservative ideologue judges or the restoration of balance and justice to our courts with the confirmation of highly qualified judges who understand the promises of the Constitution and how the law impacts the lives of real people.

PFAW

Senate Invokes Cloture on Friedland Nomination

The Senate voted today to invoke cloture on the nomination of Michelle Friedland to the US Court of Appeals for the 9th Circuit. Friedland was first nominated by President Obama on August 3, 2013 to fill a seat designated as a judicial emergency by the Administrative Office of the US Courts.

“Today’s vote is an important step towards addressing our country’s judicial vacancy crisis,” said Marge Baker, Executive Vice President of People For the American Way. “It’s especially important that the Senate move forward to confirm Circuit Court judges, who often have the final say on some of the most important issues that Americans face.”

Friedland’s nomination has been one of many nominations caught up in Republicans’ blanket obstruction of all judicial nominees over the past several months, and President Obama was forced to renominate her this year. After today’s vote, Friedland still faces 30 hours of potential “post-cloture debate,” unless Republicans allow the Senate move forward on the nomination more expeditiously.

“It’s time for the GOP to stop its campaign of obstruction and allow timely, yes-or-no votes on all of the nominees on the Senate’s calendar, and, in particular, the vitally important circuit court nominees,” said Baker. “Despite the recent change in the Senate’s rules, Republicans have continued to obstruct the confirmation of President Obama’s well-qualified judicial nominees. These delay tactics from Republicans don’t just hobble what could be an efficient, effective process; they deprive Americans of the fully functioning justice system they deserve.

“We applaud Senator Reid’s focus on clearing the backlog of these nominees. It’s important that we continue to move forward despite the GOP’s obstruction. Confirming the 31 nominees currently on the Senate’s calendar would fill more than one third of the nation’s current judicial vacancies.”

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