Pat Toomey

PFAW Statement on Senate Confirmation of Luis Restrepo

Today, more than a year after being nominated by President Obama, Judge Luis Restrepo was confirmed to the United States Court of Appeals for the Third Circuit. Today’s vote followed months of needless delays by Senate Majority Leader Mitch McConnell, assisted by Senator Pat Toomey of Pennsylvania and Senate Judiciary Chairman Charles Grassley.

“Americans of every stripe should be glad that Judge Restrepo was confirmed today. He will be a true asset to the Third Circuit Court of Appeals. But Senate Republicans should be embarrassed about how they’ve played politics with the courts for months on end,” said People For the American Way Executive Vice President Marge Baker. “Judge Restrepo was nominated with bipartisan support from his home state senators, but at every turn Republicans delayed and dragged their feet, saying one thing and doing another. Not a single senator raised any concerns about Judge Restrepo’s fitness for the bench—this was anti-Obama politics plain and simple. If Americans need another example of who’s causing gridlock in Washington, the expanse of time that it took us to get to this vote is a perfect example.”

Upon today’s vote, Restrepo becomes the second Latino judge ever to serve on the Third Circuit and the first from Pennsylvania.

Today’s vote comes during an period of historic obstruction of judicial nominees in the Senate. Since Mitch McConnell became majority leader in January 2014, the number of current circuit and district court vacancies has climbed from 40 to 71 today, a nearly 80% increase. Despite Restrepo’s confirmation, the current Senate’s confirmation rate remains far behind that of Democrats who controlled the body during the last two years of President Bush’s term eight years ago.

“During the long wait for Judge Restrepo’s confirmation, yet another vacancy has opened up on the Third Circuit,” said Baker. “If Republicans decide to start caring about the ordinary people they purport to represent, moving expeditiously to fill that vacancy, among others, would be a reasonable place to start.”

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Dolores Huerta Criticizes Sen. Toomey, Senate Republicans for Holding Up Restrepo Nomination

This past Thursday, Senate Republicans disregarded the procedure they’ve been using all year and decided that they would skip over the confirmation vote for Judge L. Felipe Restrepo for the important U.S. Court of Appeals for the Third Circuit. Judge Restrepo would be only the second Latino to ever serve on this prestigious federal court.

Though no one has questioned Judge Restrepo’s qualifications for the job, Republican Senator Toomey is collaborating with Senate GOP leaders to prevent a confirmation vote.

Civil rights leader and People For the American Way (PFAW) board member Dolores Huerta stated:

“Shame on Senator Toomey and Senate Republicans for holding up the confirmation of highly-qualified Judge Restrepo. Republicans are once again using obstructionist tactics in a way that harms our country, and this time, it impacts Latinos in particular. We can’t let Senate Republicans get away with this blatant, partisan obstruction.”

PFAW Senior Legislative Counsel Paul Gordon explained:

“By skipping over Judge Restrepo, Senate Republicans threaten not to hold a confirmation vote by the end of the year, meaning that the reset button could be hit on his confirmation. If they do that, he’d have to be re-nominated and re-processed by the Judiciary Committee, even though Republicans and Democrats alike have voiced only support for Judge Restrepo.”

To schedule an interview with a PFAW spokesperson on this issue, please contact Laura Epstein (lepstein@pfaw.org).

Background on Restrepo’s Nomination Process

In November of last year, President Obama nominated federal district Judge L. Felipe Restrepo to be a judge on the important U.S. Court of Appeals for the Third Circuit. Unfortunately, Republican Senator Toomey and Senate GOP leaders in Washington DC have up to this point refused to hold a confirmation hearing.

Judge Restrepo would be only the second Latino to ever serve on the Third Circuit Court of Appeals. He would also be the first judge on the court to have experience as a public defender. It is important to fill this vacancy: The caseload is so high that it has been formally designated a judicial emergency, and there is a second vacancy on the same court. No one has questioned Judge Restrepo’s qualifications for the job, and Senator Toomey said great things about Judge Restrepo. But for over a year, every time that action has been needed to prevent Judge Restrepo from falling victim to Washington partisan politics, Toomey has chosen to be silent.

It’s critical that Judge Restrepo be confirmed before senators leave town for the holidays, which could be as soon as next week. He’s at the top of the list of judicial nominees waiting for a vote. But, apparently with Toomey’s acquiescence, GOP leaders have skipped Judge Restrepo and plan to confirm another nominee on Monday.

Because the Senate will likely adjourn at the end of this week, skipping Judge Restrepo could mean his confirmation vote will not happen this year. This could mean that in 2016, Judge Restrepo would have to be re-nominated by President Obama and re-submitted to the Judiciary Committee, further delaying his confirmation process.

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An Anniversary Pat Toomey Should Be Ashamed Of

Pat Toomey has spent a year helping his party obstruct the nomination of L. Felipe Restrepo, who he says he supports.
PFAW

With Toomey's Help, Senate Could Confirm Restrepo Quickly

In 2007, the Democratic-controlled Senate confirmed Bush's 3rd Circuit nominee from Pennsylvania just one week after his committee vote.
PFAW

No One is Tying Pat Toomey's Hands Except Himself

Pat Toomey has a really lame excuse for not asking Chuck Grassley to hold a committee vote this week for Phil Restrepo.
PFAW

If Judiciary Committee Delays Restrepo Vote, Blame Pat Toomey

Pat Toomey can stop Republicans from needlessly delaying a committee vote on Phil Restrepo by two weeks. Will he even try?
PFAW

Harry Reid Calls Out Pat Toomey on GOP Blocking of Restrepo

Senator Toomey seems all too willing to sacrifice Pennsylvanians' interests to his party’s political goals.
PFAW

Where is Pat Toomey on Phil Restrepo's Nomination?

Five months into Pennsylvanian Phil Restrepo's nomination, Chuck Grassley has not scheduled a hearing. What is Pat Toomey doing to help?
PFAW
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