Florida

Rubio's Delay Increases Urgency of Florida Judicial Nominations

Early this year, President Obama nominated Judge Beth Bloom, Judge Darrin P. Gayles, Judge Carlos Eduardo Mendoza, and Paul G. Byron to the Southern and Middle District Courts of Florida. Of the four vacancies in the Southern District, three have been declared judicial emergencies. The situation in Florida is so dire that even if every vacancy were to be filled tomorrow, it would not be enough to take care of the courts’ growing workloads. In fact, the Judicial Conference has requested a number of new judgeships for the state, including:

• 5 new judgeships for the Middle District, plus a temporary judgeship; and
• 3 new judgeships for the Southern District, plus the conversion of a temporary judgeship to a permanent position.

It is imperative that these nominations be confirmed swiftly; the Senate’s delays in confirming nominees translate to delays for Floridians waiting for their day in court.

Sen. Marco Rubio stated on NPR last month that he did “not anticipate having any objection to moving forward on any of [President Obama’s] nominees” for the district courts in Florida. In fact, the nominees were recommended by Sen. Rubio, along with Sen. Bill Nelson, based upon the recommendations of a bipartisan committee the two senators put together. Yet to date Sen. Rubio –unlike Sen. Nelson—has not signed the “blue slips” the Senate Judiciary Committee customarily requires before nominees are given a committee hearing. This is cause for some concern in light of Sen. Rubio’s refusal last year to sign off on other Florida nominees to seats that he himself had recommended.

Rubio’s slow-walking of his “blue slips” comes in the context of the GOP obstruction that has needlessly delayed the confirmation of most Obama nominees. After committee approval, President Obama’s district court nominees have been forced to wait an average of three times longer for a confirmation vote than President George W. Bush’s at this point in his presidency. Obama’s circuit court nominees are forced to wait nearly two months longer than Bush’s. This slowing down of the process seems completely gratuitous and politically motivated since the overwhelming majority of Obama’s judicial nominees have been confirmed unanimously or near-unanimously.

The current nominees are also important because they represent much-needed diversity in the federal courts. Gayles, for example, would be the first openly gay African-American man on the federal bench. However, with Rubio’s history of unfavorable treatment of previous nominees he has recommended, there is little expectation that he will help move this nomination process forward any faster. Gayles is up for the same seat to which William Thomas, also an openly gay African American man, was nominated in November 2012, a nomination that Rubio sabotaged.

Some were expecting these four Florida nominees (who were nominated in early February) to have their committee hearings this week, but because Rubio has not submitted his blue slips, that will not happen.

We join advocacy groups in Florida in urging Rubio to help get the state’s nominees confirmed as soon as possible.
 

PFAW

The Republican Electoral Rigging Plan Is Back

It’s all been quiet on the election-rigging front for a while—so quiet that you might have thought the Republicans’ plan to rig the electoral college had been quietly dropped. Sadly, that’s not the case.

Florida state Rep. Ray Pilon introduced a bill last week to change how the state apportions its electoral college votes. Under his plan, the state would award its electoral college votes by congressional district. If this plan had been in place in 2012, Florida would have awarded an extra 15 electoral college votes Mitt Romney. Indeed, as Think Progress points out, if every state used this plan, Romney would have won the election.

That massive hypothetical shift is partly due to another plank of the Republicans’ plan to rig elections in their favor: gerrymandering congressional districts. If states like Florida award their votes by congressional district, then the Republican party in those states can create a huge advantage for themselves by gerrymandering their congressional district maps. This part of the plan is already complete in many states, where we won’t have an opportunity to try and reverse some of this gerrymandering for nearly 10 years (and two presidential elections).  Florida’s GOP would certainly benefit from such a plan, where the last round of redistricting created a map that will, in the words of the Washington Post, help “cement their overwhelming majority in the state’s delegation for a decade to come.”

Just look at the red the congressional district maps in Pennsylvania[], where Obama won the popular vote by more than five percent but would have lost the majority of electoral college votes under a plan like Pilon’s. Indeed, congressional district maps throughout the country are so gerrymandered that while Democrats won the 2012 popular vote for House seats, we ended up with the second biggest GOP majority in 60 years.

It’s clear that this bill is another sad attempt to rig the game in the Republicans’ favor. It has nothing to do with fairness and democracy, and everything to do with partisan games. But just being sick of losing doesn’t give you the right to change the rules. Most people learned that as children on the playground, but it seems like the Republican party never got that lesson. The only way they’ll ever get these bills passed is if we let them get away with it, so it’s up to us to let them know that we’re paying attention. That’s how we’ve kept these bills from being passed in every other state that they’ve been proposed in over the past year, and that’s what we’ll do with this bill. 

PFAW

Senate Confirms First Cuban American 11th Circuit Judge After Months of GOP Foot-Dragging

The Senate this afternoon finally confirmed Judge Adalberto José Jordán to sit on the 11th Circuit Court of Appeals, which covers Florida, Georgia and Alabama. Jordán becomes the first Cuban American to join the 11th Circuit – an important victory for Florida’s large Cuban American population.

What wasn’t a victory for Cuban Americans, or for any Americans seeking justice in the desperately overworked 11th Circuit, was the long and frustrating process that led to Judge Jordán’s confirmation. Despite being a highly qualified nominee with broad bipartisan support, the GOP filibustered Jordán’s nomination for four months, only to vote overwhelmingly in his favor when the filibuster came to a vote. And once the filibuster was finally broken, one Republican senator, Rand Paul of Kentucky, used a little-used rule to postpone the final vote on Jordán another two days to push a completely unrelated policy priority.

In the Washington Post yesterday, columnist Dana Milbank wrote that the Jordán filibuster reflects the GOP’s puzzling indifference to Latino voters:


Jordan is the very picture of the American dream: Born in Cuba, he fled with his parents to the United States at age six and went on to become a lawyer and clerk for Justice Sandra Day O’Connor. With the support of his home-state senator, Republican Marco Rubio (Fla.), a fellow Cuban American, Jordan was nominated to become the first Cuban-born judge to serve on the 11th Circuit Court of Appeals, which covers Alabama, Georgia and Florida.


There is no serious objection to his confirmation — which makes the hazing he has experienced all the more inexplicable. Republicans slow-walked his nomination (he was approved unanimously by the Judiciary Committee in July), then filibustered his confirmation vote on the Senate floor. Even when the filibuster was broken Monday night (by a lopsided 89-5), a lone Republican, Sen. Rand Paul of Kentucky, used a procedural hurdle to postpone the confirmation vote by two days, to Wednesday.


Congressional staffers I checked with couldn’t recall a similar instance of blocking a confirmation even after a filibuster had failed. This would seem to be a unique humiliation for a man hailed by the Hispanic National Bar Association because of “the positive message this nomination sends to the Latino community.”
 

PFAW

White House Blasts Senate GOP for Filibuster of 11th Circuit Nominee

White House Press Secretary Jay Carney began his press briefing today by pointing out the absurdity of the Senate GOP’s persistent stalling of the president’s judicial nominees, most recently 11th Circuit nominee Adalberto Jordán.

Jordán is a consensus nominee supported by both of his home-state senators – Republican Marco Rubio and Democrat Bill Nelson – and if confirmed will become the first Cuban American to sit on the 11th Circuit Court of Appeals, which has jurisdiction over the largest Cuban American population in the country. What’s more, the seat he has been nominated to fill has been officially designated a judicial emergency.

Despite his qualifications, bipartisan support, and the historic import of the nomination, the GOP filibustered Jordán’s nomination for four months. After the Senate finally voted to end the filibuster last night Jordán’s nomination was held up once more for reasons having nothing to do with him or with the people of Florida, Georgia and Alabama. One senator, Rand Paul of Kentucky, used an obscure rule to take Jordán’s nomination hostage to promote a bill curtailing foreign aid to Egypt.

Carney told the press:

Before I get started, I wanted to make note, if I could, of a development in the Senate. As you may know, but may not, the Senate is soon scheduled to confirm Adalberto Jordán, our nominee for the 11th Circuit. Jordán is a current, well-respected District Court judge, supported by Senators Nelson and Rubio, and he was reported unanimously out by the Judiciary Committee months ago. And he will now be the first Cuban American on the 11th Circuit.

Despite his sterling credentials and the bipartisan support that he enjoys, Republicans filibustered this nomination. To overcome the filibuster, Leader Reid had to file cloture, a procedure that while once extraordinary is now commonplace out of necessity. Cloture was invoked last night, 89 to 5, but Republicans are still forcing the Senate to burn time in a blatant delay tactic. Leader Reid had to go through extraordinary measures to get a judge confirmed with no Republican opposition, and a seat he will fill is a judicial emergency seat.

Now, the reason why I raise this, even though Mr. Jordán will be confirmed, is that it is so indicative of a breakdown in the system when a nominee as highly qualified as he is, with bipartisan support as he has, who's reported out of committee unanimously, still faces filibusters. And you have to ask yourself why that is. It's just simply delay tactics, and they're shameful.

There are 17 other judicial nominations pending on the Senate calendar; 14 were reported out unanimously; seven of those would fill judicial emergencies and seven are represented by at least one Republican senator. And yet the delay tactics continue.

With that, I will take your questions. Hello.
 

PFAW

PFAW Urges Florida Legislature to Reject Restrictive Registration and Voter ID Rules

Bill would ban ID frequently used by seniors, force voters who have recently moved to vote on ballots that often go uncounted, and make it harder for groups registering voters

Tallahassee, FL—With two weeks left in the legislative session, members of the Florida Legislature are working hard to pass a bill that could suppress the vote of hundreds of thousands of Florida voters, and criminalize well-meaning activists who want to bring more people to the polls.

Florida Supreme Court Removes Voucher Amendments from Ballot

Following oral argument this morning, the Florida Supreme Court this afternoon unanimously ordered that two proposed state constitutional amendments cannot appear on the November ballot. The amendments would have repealed the Florida Constitution's prohibition on public aid to religious institutions and allowed public funds to be used to subsidize religious and other private education. Placed on the ballot by the Florida Taxation and Budget Reform Commission, the proposed constitutional amendments were intended to overturn the Court's 2006 ruling that invalidated the state's voucher law. The Court today ruled that the Commission overstepped its authority by placing the items on the ballot.
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