WASHINGTON – In a 93-0 vote today, the Senate confirmed Robert Bacharach of Oklahoma to the Tenth Circuit Court of Appeals, almost nine months after the Judiciary Committee first sent his nomination to the full Senate. His nomination faced extraordinary delays despite public support from his homestate Republican senators James Inhofe and Tom Coburn.
People For the American Way Executive Vice President Marge Baker released the following statement:
“Robert Bacharach’s confirmation to the Tenth Circuit Court of Appeals is good news for residents of Oklahoma, Kansas, New Mexico, Colorado, Wyoming and Utah, who will now see their justice system move a little more smoothly. Circuit courts have a tremendous influence on Americans’ pursuit of justice and the shape of American law, since the only higher court – the Supreme Court – hears so few cases. But the extraordinary delay in confirming Bacharach is a stark symbol of the dysfunction that Senate Republicans have brought to the judicial confirmations process.
“When President Obama nominated Bacharach in January 2012, his nomination was greeted enthusiastically by Sens. Inhofe and Coburn. In June, his nomination passed smoothly through the Judiciary Committee, where it was approved with broad bipartisan support. Then, Senate Republicans proceeded to stall his nomination on the Senate floor for no apparent reason. At the end of July, Majority Leader Harry Reid tried to hold a vote on Bacharach’s nomination, but was met with a purposeless GOP filibuster. Sen. Coburn had said such sabotage of his state’s nominee would be ‘stupid,’ but he and Sen. Inhofe ended up cooperating with their party’s leadership and refusing to help break the filibuster.
“I hope that today’s long-overdue confirmation of Bacharach signals a new willingness from the Senate GOP to work to quickly consider and vote on the president’s nominees. They have a lot of work to do. Three additional federal circuit court judges are awaiting votes from the full Senate: Caitlin Halligan, President Obama’s nominee to fill one of four vacancies on the DC Circuit Court of Appeals, who was first approved by the Judiciary Committee in 2011; Third Circuit nominee Patty Shwartz, who has been on the Senate calendar for a year; and Federal Circuit nominee Richard Taranto, who has waited 11 months for a Senate vote.
“Last term, President Obama’s confirmed federal judicial nominees waited an average of three times as long between committee approval and confirmation as did President Bush’s first-term nominees. As the nation suffers the consequences of a federal courts vacancy crisis that it the Senate GOP has helped to perpetuate, Republicans can and must do better.”
In an interview with the American Family Association’s Sandy Rios today, Sen. Tom Coburn (R-OK) said that a government default – which would crash the U.S. economy – may actually be a “wonderful experiment.” Coburn encouraged Republican resistance to raising the debt ceiling, the routine mechanism that allows the government to borrow to meet its existing financial obligations.
Coburn justified his opposition to raising the debt ceiling by using the false equivalence of the federal budget with a household budget. He also falsely claimed that programs like Social Security and Medicare would not be impacted by a default and even used inflated statistics to attack public workers, suggesting that they are to blame for the national debt.
He concluded by arguing that “our freedoms are going to be put at risk” under President Obama and expressing doubt that the nation could “survive” Obama’s leadership.
We can also now add Coburn to the list of GOP leaders who apparently have no qualms appearing on shows hosted by the extremists at AFA. Maybe we shouldn’t be surprised: he seems to fit right in to the group’s fact-free alternate universe.
Coburn: Let me address again, which I didn’t, this idea we’re not going to pay our bills. We’re going to collect $200 billion a month if in fact the government were to not extend the debt limit. Social Security would be paid, Medicare would be paid, the essentials would be paid; it’s the non-essentials that wouldn’t be paid, it’s the $250-300 billion a year in stupid things we do that we wouldn’t pay, it’s the programs that aren’t an absolute necessity that wouldn’t get funded, the things that would be a necessity would get funded. It might be a wonderful experiment, regardless who wins the next election or not, just to see if we could live on the money that’s coming into the Treasury and not have to borrow against the future of our children.
Rios: But Dr. Coburn, who decides that. [Obama] made that threat yesterday when he said you know, Social Security recipients would have delayed checks and military and on and on the most horrible list of all these horrible cuts that would happen. Doesn’t he decide that? Doesn’t he ultimately decide?
Coburn: He can decide it but the point is, look, we’re coming to a point in our country where the cost of our profligate spending in the past is going to be so great and so manipulated that our freedoms are going to be put at risk. I’m not sure we shouldn’t challenge that. I’m not sure the debt limit is the place to challenge that. I’m not sure that we should continue to run a government that is highly inefficient and highly ineffective where the average federal employee works 3.8 weeks less than the rest of us and makes on average twice what the rest of us make. I’m not sure we should continue down that road. That doesn’t mean federal employees aren’t good employees and it doesn’t mean they don’t do a good job but we have set it up where we’ve undermined self-reliance, we’ve undermined efficiency, we’ve undermined expectations in this country as far as those who work for the federal government and then we’ve overpromised.
So when the federal government’s discretionary spending is about forty percent bigger than it was eleven years ago and the average family is tightening things and living within their means and living within their budget, its’ time for that comparison to be seen. Maybe we lose that battle but if we lose that battle we’re going to lose our country anyway and that’s what people ought to be thinking about. you cannot continue to borrow the way this President wants to borrow and our country survive.
Washington, DC – The Senate GOP set an obstruction record today, for the first time in history successfully filibustering a federal appeals court nominee who had come out of the Judiciary Committee with bipartisan support. In a 56 to 34 vote, a partisan minority prevented the Senate majority from ending the filibuster of the nomination of Oklahoma’s Robert Bacharach to become a judge on the Tenth Circuit Court of Appeals. No senator has actually spoken against Bacharach’s nomination, and he has received the strong support of both his home-state senators, Republicans Tom Coburn and James Inhofe. In an interview in June, Coburn called plans to block Bacharach’s nomination “stupid.” But even Coburn and Inhofe’s support evaporated when McConnell gave the command to filibuster: both Oklahoma senators voted "present," which in the case of a filibuster is the same as a "no" vote.
“If you need any further proof of the Senate GOP’s blind dedication to obstruction, this is it,” said Paul Gordon of People For the American Way. “Robert Bacharach should have been a shoe-in for a federal judgeship. His superior qualifications aren’t in dispute. His home-state senators, both conservative Republicans, fully support his nomination. Republicans aren’t even bothering to pretend he is controversial. For the first time in American history, we see a successful filibuster of a circuit court nominee who was approved by committee with bipartisan support – all because Sen. McConnell and his party are more interested in playing politics than in doing their jobs. So Americans in six states remain stuck with a circuit court without enough judges to deliver justice efficiently.
“With nearly 80 current vacancies in the federal courts, the Senate GOP should be doing everything in its power to help clear the nominations backlog, rather than making flimsy excuses for further obstruction. This absurd gamesmanship is not what Americans are paying our Senate to do.”
Last week, People For the American Way circulated this fact sheet on Bacharach’s nomination:
There has never been a successful filibuster of a circuit court nominee who was approved in committee with bipartisan support. A failed cloture vote on Tenth Circuit nominee Robert Bacharach would represent a massive escalation in obstruction.
Robert Bacharach should be a shoe-in
The “Thurmond Rule” is no excuse for blocking Bacharach
This is part of the GOP’s ongoing campaign of obstruction against consensus nominees
Vacancies are taking a toll on the Tenth Circuit (Oklahoma, Kansas, Utah, Wyoming, New Mexico, Colorado)
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, email@example.com, (202) 467-4999
To: Editorial boards and journalists
From: Marge Baker, Executive Vice President, People For the American Way
Subject: In Fight over Maine Judicial Nominee, a Perfect Storm of Senate Dysfunction
Date: July 12, 2012
How far will Senate Republicans go to obstruct government business in the final months before the presidential election? The fight over a noncontroversial Maine judicial nominee, which is coming to a head this week, shows just how far.
The struggle to confirm Maine’s William Kayatta to the First Circuit Court of Appeals is a perfect illustration of the Senate GOP’s commitment to obstruct all progress that might in any way help President Obama – even if it means throwing members of their own caucus under the bus. Maine’s Republican senators both strongly support Kayatta’s nomination. He was approved overwhelmingly by a bipartisan majority of the Senate Judiciary Committee. (The only no votes were from Utah Sen. Mike Lee, who is voting against all nominees in protest of President Obama’s recess appointments and Alabama Sen. Jeff Sessions, who objected to Kayatta’s role on an ABA panel that had the nerve to find Elena Kagan “qualified” for the Supreme Court).Yet his nomination has been waiting on the Senate calendar since April 19. And if Kayatta is not confirmed before the Senate leaves for its summer recess, the seat he’s been nominated to fill could be left open for more than a year.
What should be a fairly straight-forward job for the Senate has turned into an election year struggle of wills – at the cost of Americans who rely on fully functioning courts and a Congress that does its job.
Here’s how it happened.
Last month, Senate Minority Leader Mitch McConnell took the extraordinary step of announcing that Republicans would block all votes on all circuit court nominees between now and Election Day. This wasn’t welcome news to some Senate Republicans who have circuit court nominees who they are eager to put on the bench in their states. William Kayatta from Maine has the backing of Senators Snowe and Collins, and Robert Bacharach from Oklahoma has the support of Senators Coburn and Inhofe. Snowe and Collins have said they would support cloture to end the filibuster of Kayatta. Collins said in a statement that “It simply isn’t fair that Bill [Kayatta], who would be a superb judge, now appears to be caught up in election year politics. “ Coburn was more blunt, publicly stating, “I think it’s stupid.”
At the same time, Senate Republicans announced that they would continue to allow votes on district court nominees -- as if that were some great concession on their part instead of a basic part of their job. But it turns out that even that one bare promise was an empty one: For the past two months, the confirmation of judicial nominees has slowed to virtually a standstill, with an average of less than one vote per week.
This week, for example, Senate Republicans have allowed just one judicial confirmation vote: on a district court nominee in Tennessee. In fact, over the past eight weeks there have been only seven confirmations, of five district and two circuit court nominees. Both circuit court confirmations required a cloture vote to overcome Republican filibusters, after which the decidedly noncontroversial nominees were easily confirmed – one even by voice vote.
By contrast, during the same period preceding George W. Bush’s reelection campaign, the Senate confirmed nearly four times as many judges: 25 (20 district and five circuit). Under the “regular order” established during the Bush administration, the Senate should be holding at least three to four confirmation votes each week. Failing to move at that pace will mean that the Senate simply won’t be able to keep pace with the nominees being reported by the Senate Judiciary Committee.
Kayatta is now one of 18 highly qualified pending nominees who have been approved by the Judiciary Committee and who have been waiting for a simple up-or-down vote from the Senate. These are not controversial picks: 15 were approved by the Judiciary Committee with strong bipartisan support, and ten have been waiting for a floor vote since April or earlier.
The filibuster of Kayatta, who has been waiting since April 19 for a Senate vote despite enthusiastic support from his Republican home-state senators, is a perfect illustration of this mindless obstruction.
Kayatta is extraordinarily well qualified to be a circuit court judge
Delaying a vote until after the election will harm people throughout New England
Kayatta has earned strong bipartisan support
On both the circuit and the district court level, Republicans are needlessly blocking votes on eminently qualified, consensus nominees whose only “flaw” seems to be that they were nominated by President Obama. It’s time Senators rolled up their sleeves and did the business of the country they were sent to office to do.