The Senate Judiciary Committee yesterday approved the nomination of Sri Srinivasan to sit on the powerful Court of Appeals for the D.C. Circuit. There are currently four vacancies on the D.C. Circuit – and Senate Republicans have prevented President Obama from filling a single one.
The Senate GOP has been unusually cooperative with Srinivasan’s nomination, but have signaled that they will not be so friendly to future nominees to the court. Judiciary Committee ranking member Chuck Grassley is actually trying to permanently lower the number of judgeships on the court to prevent President Obama from reversing its far-right, anti-consumer, anti-worker tilt.
The Senate yesterday also confirmed William Orrick to serve on the District Court for the Northern District of California, a seat that had been officially designated a “judicial emergency” because of its overworked courts. The confirmation vote came a full eight months after Orrick was first approved with bipartisan support in the Senate Judiciary Committee.
In a Senate floor speech Wednesday, Sen. Elizabeth Warren of Massachusetts discussed the Senate GOP’s extraordinary obstruction of federal judicial nominees, noting the high level of officially-designated “judicial emergencies,” which has risen by 30 percent since the beginning of the year.
The Founders of our Republic gave to the President the task of nominating individuals to serve and gave us the responsibility to advise on and consent to these appointments. For more than 200 years this process has worked.
Presidents over the years have nominated thousands of qualified men and women who were willing to serve in key executive branch positions.
The Senate has considered nominations in a timely fashion and taken up-or-down votes. Of course, there have been bumps along the way, but we have never seen anything like this. Time and again, Members of this body have resorted to procedural technicalities and flatout obstructionism to block qualified nominees.
At the moment, there are 85 judicial vacancies in the U.S. courts, some of which are classified as ``judicial emergencies.'' That is more than double the number of judicial vacancies at the comparable point during President George W. Bush's second term. Yet right now there are 10 nominees awaiting a vote in the Senate, and they have not gotten one.
Senate Republicans like to blame the judicial vacancy crisis on President Obama, whom they say has not been quick enough to nominate judges. Sen. John Cornyn of Texas ran into the fallacy of this talking point last week, when he was called out for blaming the president for Texas vacancies that Cornyn himself was responsible for.
The president continued his steady pace of federal judicial nominations last night, nominating four women to federal judgeships in Utah, Tennessee, New York and Mississippi.
UPDATE: The White House points out in a blog post today that President Obama has now nominated more district court judges than had President Bush at this point in his presidency.
WASHINGTON – Marge Baker, Executive Vice President of People For the American Way, issued the following statement on the Senate Judiciary Committee’s unanimous approval today of Sri Srinivasan to sit on the Court of Appeals for the D.C. Circuit:
“The Senate Judiciary Committee’s bipartisan approval of Sri Srinivasan is an important step toward ending the extraordinary vacancy crisis on the nation’s second most influential court.
“The seat on the D.C. Circuit that Srinivasan would fill has been open for nearly five years and is one of an astonishing four vacancies on the 11-member court. Senate Republicans have prevented President Obama from filling even one of those vacancies in an effort to preserve the court’s anti-worker and anti-consumer tilt. Republicans twice filibustered the nomination of the eminently qualified Caitlin Halligan and even delayed a committee hearing on Srinivasan for nearly ten months.
“Senate Republicans cannot hide behind their friendly treatment of Srinivasan as they obstruct future nominees to the D.C. Circuit. Republicans are pressing the claim that there’s no need to fill any more vacancies on this critically important court. This argument is false, hypocritical, and clearly politically motivated. We fully expect Srinivasan to be promptly confirmed by the full Senate and will continue to push for the nomination and swift confirmation of strong jurists to the remaining seats on the D.C. Circuit.”
Today, the Senate Judiciary Committee holds a hearing on the nomination of Sri Srinivasan to sit on the Court of Appeals for the D.C. Circuit. Srinivasan, who was first nominated ten months ago yet is just now receiving a hearing, is the latest Obama judicial nominee caught in the web of Senate obstruction. Last month, Republicans blocked the nomination of Caitlin Halligan to a seat on the same court, despite her impeccable qualifications and strong bipartisan backing. Some important facts to keep in mind during and after today’s hearing:
Our federal courts are suffering because of entrenched Republican obstruction. Because of both public and silent Republican filibusters, President Obama’s appeals court nominees have been forced to wait an average of 153 days between Judiciary Committee approval and a yes-or-no vote from the Senate. At this point in Bush’s presidency, the average wait for confirmed appeals court nominees was just 37 days. The foot-dragging is unrelated to who the nominee is – even consensus nominees with the strong support of their Republican home-state senators have been forced to wait for months through active or silent filibusters before the Senate is finally allowed to hold a confirmation vote. This pointless obstruction, which is echoed at the district court level, has led to persistently high vacancy rates and longer waits for Americans seeking their day in court.