Saxby Chambliss

Twelve Republicans Who Broke Their Pledge To Oppose Judicial Filibusters

After waging an unprecedented campaign of obstructionism against President Obama’s nominees, Republicans are now crying crocodile tears over a rules change that would end the filibuster on certain judicial nominees.

NBC News points out that Republicans are not blocking judicial nominees over “concerns about ideology or qualifications, but over the president’s ability to appoint ANYONE to these vacancies.” This unprecedented blockade leaves Democrats with few options, as dozens of nominees are left unable to receive a simple confirmation vote.

It’s even harder to be sympathetic to Senate Republicans when you remember that just a few years ago, many of the very same Republicans who are today filibustering President Obama’s nominees willy-nilly were vowing that they would never, ever filibuster judicial nominees. Some even declared that judicial filibusters were unconstitutional and un-American.

But that was before there was a Democrat in the White House.

We take a look back at some of the Senate’s most strident opponents of filibustering judicial nominees, turned master obstructers.

1. Mitch McConnell (KY)

“Any President’s judicial nominees should receive careful consideration. But after that debate, they deserve a simple up-or-down vote” (5/19/05).

“Let's get back to the way the Senate operated for over 200 years, up or down votes on the president's nominee, no matter who the president is, no matter who's in control of the Senate” (5/22/05).

2. John Cornyn (TX)

“[F]ilibusters of judicial nominations are uniquely offensive to our nation’s constitutional design” (6/4/03).

“[M]embers of this distinguished body have long and consistently obeyed an unwritten rule not to block the confirmation of judicial nominees by filibuster. But, this Senate tradition, this unwritten rule has now been broken and it is crucial that we find a way to ensure the rule won’t be broken in the future” (6/5/03).

3. Lamar Alexander (TN)

“If there is a Democratic President and I am in this body, and if he nominates a judge, I will never vote to deny a vote on that judge” (3/11/03).

“I would never filibuster any President's judicial nominee. Period” (6/9/05).

4. John McCain (AZ)

“I’ve always believed that [judicial nominees deserve yes-or-no votes]. There has to be extraordinary circumstances to vote against them. Elections have consequences” (6/18/13).

5. Chuck Grassley (IA)

It would be a real constitutional crisis if we up the confirmation of judges from 51 to 60” (2/11/03).

“[W]e can’t find anywhere in the Constitution that says a supermajority is needed for confirmation” (5/8/05).

6. Saxby Chambliss (GA)

“I believe [filibustering judicial nominees] is in violation of the Constitution” (4/13/05).

7. Lindsey Graham (SC)

“I think filibustering judges will destroy the judiciary over time. I think it’s unconstitutional” (5/23/05).

8. Johnny Isakson (GA)

I will vote to support a vote, up or down, on every nominee. Understanding that, were I in the minority party and the issues reversed, I would take exactly the same position because this document, our Constitution, does not equivocate” (5/19/05).

9. James Inhofe (OK)

“This outrageous grab for power by the Senate minority is wrong and contrary to our oath to support and defend the Constitution” (3/11/03).

10. Mike Crapo (ID)

“[T]he Constitution requires the Senate to hold up-or-down votes on all nominees” (5/25/05).

11 . Richard Shelby (AL)

“Why not allow the President to do his job of selecting judicial nominees and let us do our job in confirming or denying them? Principles of fairness call for it and the Constitution requires it” (11/12/03).

12. Orrin Hatch (UT)*

Filibustering judicial nominees is “unfair, dangerous, partisan, and unconstitutional” (1/12/05).

*Hatch claims he still opposes filibusters of judicial nominees and often votes “present” instead of “no” on cloture votes. But as Drew noted: “Because ending a filibuster requires 60 ‘yes’ votes, voting ‘present’ is identical to voting ‘no.’ Hatch’s decision to vote ‘present’ is an affirmative decision to continue the filibuster.”

Right Wing Round-Up - 6/4/13

1000-Day Judicial Vacancy in Georgia

Georgia's senators are keeping President Obama's 11th Circuit Court nominee from even having a committee hearing.
PFAW

Right Wing Round-Up - 3/22/13

Memo: Behind the Scenes, Silent Obstruction of Judicial Nominees

To: Interested Parties
From: Marge Baker, People For the American Way
Date: May 4, 2012

Subject: Behind the Scenes, Silent Obstruction of Judicial Nominees

Senate Republicans’ systematic obstruction of President Obama’s nominees to the federal courts is by now well known. The President’s confirmed nominees have on average waited four times as long between committee approval and a vote from the full Senate than did George W. Bush’s nominees at this point in his term. The vast majority of these, once the GOP’s obstruction options are exhausted, are confirmed overwhelmingly.

What is less well known – and largely hidden in behind-the-scenes Senate procedure – is that this systematic obstruction often begins long before a nominee has been sent from the Judiciary Committee to the Senate floor. In fact, Senate Republicans are routinely using procedural tactics to delay the consideration and approval of the President’s judicial nominees by the Judiciary Committee.

This silent obstruction adds another layer of gridlock to an already gridlocked process – and it does so away from the spotlight of the media and the scrutiny of constituents.

Pre-Committee: Withholding Blue Slips

Under procedures adopted by Chairman Leahy as a bipartisan courtesy to his fellow senators, the Judiciary Committee does not consider a judicial nominee until both of that nominee’s home-state senators have submitted a “blue slip” allowing the nominee to move forward. The submission of a blue slip does not imply support of the nominee – merely that the nomination should be considered by the Judiciary Committee.

Despite the serious implications of withholding a blue slip, senators can do so without giving a reason and even without a public announcement – making it impossible to know how often the practice occurs. But several recent incidents that have been publicized show just how willing some GOP senators are to prevent unquestionably qualified and mainstream nominees from even reaching a Senate hearing.

In Arizona, a two-year-old emergency vacancy remains unfilled despite the existence of a well-qualified nominee who has been waiting since June 2011 for a Senate hearing. Rosemary Márquez, President Obama’s nominee to the District Court based out of Tucson, was rated unanimously qualified by the American Bar Association and has the support of a large cross-section of Arizona’s legal community. But Sens. McCain and Kyl have held up Márquez’s nomination for ten months by refusing to submit blue slips to the Judiciary Committee.

Márquez is not alone. In February, the President nominated Elissa Cadish, a state district court judge in Nevada, to fill an empty seat on the U.S. District Court. Cadish is widely recognized as being qualified for the federal bench, including by a unanimous panel of the American Bar Association. But Sen. Dean Heller is withholding his blue slip anyway and thus blocking the Judiciary Committee from even considering her nomination.

Heller’s objection to Cadish is this: one month before the Supreme Court overturned decades of case law to hold that the Second Amendment guarantees an individual right to bear arms, Cadish stated – accurately – that then-current case law did not recognize such a right. For a nominee for a lower federal court, who is expected to rely on Supreme Court precedent rather than create her own, it was a statement of fact, one that four members of the United States Supreme Court agreed with just a few weeks later. For Heller, it disqualifies her from even being considered for a federal judgeship.

Similarly, Eleventh Circuit nominee Jill Pryor is being kept from a Senate hearing by home-state Republican senators who have already acknowledged that she is qualified for a federal judgeship but want her in a different seat – one on the U.S. District Court. Georgia senators Saxby Chambliss and Johnny Isakson have said that they’re fine with Pryor being a federal judge. Pryor’s skills and experience aren’t in doubt: she’s received a host of awards for her work in the courtroom and has been a leader in Georgia’s legal community. The senators’ beef is simply that they have someone else in mind for the Circuit Court seat the president nominated her to, and they seem willing to keep an emergency vacancy unfilled until they get their way.

All of these nominations are being held hostage by Republican senators who are silently filibustering them by refusing to consent to the Judiciary Committee’s even holding hearings on their merits.

In Committee: No-Shows and Routine Delays

Twice this year, Republicans on the Judiciary Committee have prevented nominees from moving forward by simply not showing up at committee hearings and preventing a quorum. These “boycotts” kept the committee from holding votes on nominees who had already had hearings before the committee, further delaying already delayed nominations.

The walk-outs provided a more public accent to what was already routine obstruction by Judiciary Republicans. Committee rules allow the minority party to delay votes on nominees by requesting a one-week holdover, a provision designed to permit members who have questions about a particular nominee to get those questions answered. Under President Bush, such holdover requests were occasionally made to consider particular questions about particular nominees. Under President Obama, Republicans on the Judiciary Committee have used this tactic routinely, holding over all but five of more than 150 nominees.

Conclusion

Senate Republicans have been using nearly every procedural tactic at their disposal to stall President Obama’s judicial nominees at every step in the nominations process. Very few of these maneuvers come with explanations, and those that do are often blown far out of proportion.

The result has been a record vacancy crisis in the federal courts, inexcusable delays for Americans seeking justice, and eroded trust in gridlocked Congress.

Media contact: Miranda Blue, (202) 467-4999, media@pfaw.org

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Jill Pryor Nominated to the 11th Circuit

President Obama has announced the nomination of Jill Pryor to the Eleventh Circuit Court of Appeals. Pryor would fill a vacancy that has been declared an emergency by the Administrative Office of the U.S. Courts.

Pryor's legal skills are recognized by her peers. The Best Lawyers in America recognized her from 2009-2011, and Georgia Super Lawyers selected her as one of the "Top 100 Super Lawyers" in 2010 and 2011. In addition, she has served as president of the Georgia Association of Women Lawyers, as well as on the Georgia State Bar's Board of Governors.

Her peers are not alone in recognizing Pryor's qualifications. Georgia's Republican senators have both stated that she is qualified for a lifetime judicial appointment. In a January 24 letter to President Obama, Saxby Chambliss and Johnny Isakson recommended three attorneys to fill judicial vacancies in Georgia. They recommended Pryor for one of the two vacant seats in the Northern District of Georgia, but President Obama recognized that she has the skills and experience needed to serve on the Eleventh Circuit Court.

This seat has been vacant since August of 2010. We hope that Sens. Chambliss and Isakson, who clearly recognize Pryor's qualifications and judicial temperament, quickly give their approval for the Judiciary Committee to proceed to examine the nomination.

PFAW

Senate Flouts Corporate Lobbyists, Breaks Filibuster of Nominee

Today, in a 63-33 vote, the Senate broke a filibuster of the nomination of John McConnell to serve as a district court judge in Rhode Island. The attempted obstruction of a district court nominee was a top priority for the U.S. Chamber of Commerce, which spent enormous lobbying resources on sinking McConnell’s nomination. The Chamber objected to McConnell’s work as a public interest lawyer in Rhode Island, where he took on lead paint manufacturers and tobacco companies on behalf of consumers.

Voters Alliance Radio Ads Urge Georgians to Get to the Polls, Vote Jim Martin for Senate December 2

With Senate seats in Georgia and Minnesota yet to be decided, People For the American Way Voters Alliance today announced that it's running a radio ad in multiple Georgia markets encouraging Georgia voters to go to the polls Election Day, December 2, to give President-elect Barack Obama a strong ally in Congress. The ads, which are now airing across the state, urge Georgians to vote for Jim Martin for Senate and oppose Senator Saxby Chambliss, who in his six years in the Senate has tried to roll back laws that protect our right to vote, and opposed fair pay for women.
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