judicial nominations

Wisconsin Marriage Equality Lawsuit and the Judicial Vacancy Crisis

In the Western District of Wisconsin, one of the two active federal judgeships has been vacant for five years.
PFAW

Rubio Unconvincingly Explains Why He Blocked Openly Gay African-American Judicial Nominee

Earlier this month, the White House returned to the Senate 54 federal judicial nominees who Senate Republicans had refused to vote on in the previous year. But one nominee was conspicuously absent from that list: Judge William Thomas, a Florida state judge who had been nominated to sit on a federal trial court.

At first, Thomas’ nomination seemed like a slam dunk: He is an experienced, respected judge who was nominated in 2012 with the support of both of Florida’s senators, Democrat Bill Nelson and Republican Marco Rubio. He also would have been the first openly gay black man to sit on the federal bench.

Then, mysteriously, Rubio changed his mind. Taking advantage of a Senate Judiciary Committee policy that allows any senator to block a committee hearing on any nominee from his or her home state, Rubio unilaterally refused to allow a hearing on Thomas. For months, the senator refused to explain why he was blocking Thomas’ nomination, until finally this summer a spokesperson cited “questions about [the nominee’s] judicial temperament and his willingness to impose appropriate criminal sentences.”

Rubio’s office provided two examples of instances in which they believed that Thomas didn’t impose “appropriate criminal sentences.” In both cases, Thomas imposed the highest sentence sought by the prosecution; in both cases, prosecutors praised his handling of the trials. Rubio's staff also claimed that in one of those cases, a grisly murder trial, Thomas “broke down in tears” when sentencing the defendant to death; news reports make clear that the judge's tears came when he was describing the brutal crime. As Chris Hayes put it, none of these complaints “pass the smell test.”

Now, finally, Rubio himself has gone on the record for the first time about why he blocked Thomas’ nomination. In an interview with Michael Putney, political reporter for the Miami-area Local 10 news, Rubio, looking visibly uncomfortable, repeats his office’s talking points about the two criminal cases they allege Judge Thomas imposed insufficiently harsh sentences in. “We are looking for judges that can accurately apply the law, particularly at the federal level,” Rubio said, never quite explaining how Thomas failed to do that.

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This isn’t the first time that Rubio has blocked a Florida judicial nominee for less than convincing reasons. Rubio similarly changed his mind about Florida nominee Brian Davis – who is also African-American – at the behest of Sen. Chuck Grassley . Under pressure from local activists, Rubio eventually changed his mind again and allowed Davis’ nomination to go forward.

As Hayes said, it seems like the most likely explanation is that Judge Thomas was merely an “innocent bystander” in Rubio’s desperate race to win back the right-wing support he lost during his short-lived advocacy for immigration reform – an effort that so far isn’t panning out so well.

The Wrong Way to Address the Backlog of Pending Nominations

Blocking committee votes is hardly the most cooperative way to prevent a buildup of nominees waiting for a floor vote.
PFAW

The Senate Could Immediately Reduce the Vacancy Rate by a Third

The Senate could confirm 29 fully vetted judicial nominees this week, if only Republicans would allow it.
PFAW

Sen. Burr Invents New Rule to Hide Obstruction of NC Judicial Nominee

Burr's current refusal to publicly comment on a pending judicial nominee stands in contrast to his practice for previous nominees.
PFAW

PFAW Statement on Senate Confirmation of Robert Wilkins to DC Circuit

WASHINGTON – The Senate today confirmed Judge Robert Wilkins to the U.S. Court of Appeals for the District of Columbia Circuit. Wilkins was one of three nominees blocked for months by Senate Republicans. The GOP admitted that they would block any and all of President Obama’s nominees to fill the three vacancies on this critically important court no matter who they were, which provoked the Senate to change its filibuster rules. Wilkins’ fellow nominees Patricia Millett and Nina Pillard were confirmed late last year.

Marge Baker, executive vice president of People For the American Way, responded to the vote:

“Today’s vote sends a supremely qualified and capable nominee to the nation’s second most influential court. It also puts an end to Senate Republicans’ dishonest effort to keep President Obama from filling vacancies on the D.C. Circuit, an effort that was destructive and transparently political.

“Now that the D.C. Circuit’s seats are full, it can get on with its important work for the American people. And just as importantly, if the Senate can put petty partisan fights behind it, it can get on with doing the American people's work as well, including filling the other long-vacant federal court seats across the country.”

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Republicans Obstruct Judicial Nominees They Supported Last Year

Re-nominated judicial nominees face re-obstruction from Judiciary Committee Republicans.
PFAW

Rubio Should Not Have the Last Word on Florida Nominee

Why did Marco Rubio unfairly attack qualified nominee William Thomas while denying him a chance to correct the record? (VIDEO)
PFAW

PFAW Statement on White House Re-Nomination of 54 Judicial Nominees

WASHINGTON – President Obama today re-nominated 54 federal judicial nominees whose nominations had been sent back to the White House at the end of last year due to Republican obstruction. At the end of last year, Senate Republicans refused to hold over the president’s nominees, sending all but one – D.C. Circuit nominee Robert Wilkins – back to the White House.

Disappointingly, one nominee who had been stalled by GOP obstruction was not renominated: William Thomas of Florida, whom Sen. Marco Rubio singlehandedly blocked from a hearing for over a year.

Marge Baker, executive vice president of People For the American Way, issued the following statement:

It is encouraging that the White House has taken the earliest possible opportunity to put these 54 nominees back on the path to Senate confirmation. This is an especially urgent matter given that 22 of these nominees would fill officially-designated judicial emergencies.

It is stunning that this many nominees were been sent back to the president at the end of the year. Most of those who are now starting the confirmation process all over again could have easily received confirmation votes last year if not for Republican obstruction. Nine were waiting for Senate votes when their nominations were sent back and 24 were stalled in the Judiciary Committee by Republican senators abusing the committee’s rules and practices.

While we are pleased that the White House is working for the expeditious confirmation of these 54 nominees, it is disappointing that Judge William Thomas of Florida has been left off the list. Judge Thomas is an eminently qualified nominee and would make history as the first openly gay African-American man to become a federal judge. Yet a campaign of obstruction from Sen. Marco Rubio has kept Judge Thomas from even receiving a hearing in the Judiciary Committee, and has now succeeded in torpedoing his nomination entirely.

The president has also renominated a controversial slate of nominees from Georgia. In a state that is nearly one-third African American, just one of the president’s six nominees is a person of color, and questions have been raised about some of the nominees’ records on voting and civil rights.

Republicans have indicated that they will fight the president’s nominees whoever they are; that makes it all the more important that the best possible nominees are put forward.
 

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Suddenly Senate Republicans Are Worried About 'Deliberation.' Give Me a Break.

I can understand why Senate Republicans are angry about the recent change in the Senate’s filibuster rules. It means that their agenda of obstruction just got a lot harder. But all their righteous indignation is ringing hollow.

Yesterday, Sen. Chuck Grassley, the top Republican on the Judiciary Committee, issued a statement attacking the committee’s chairman, Sen. Patrick Leahy, for saying he would consider changing committee policies to make it harder for Republican senators to hold up nominations. 

Democrats “are slowly but surely taking the world’s greatest deliberative body and moving towards a majoritarian body,” Grassley charged.

Oh, really?

The reason Leahy has to even consider policy changes in committee is that GOP senators, in an attempt at retribution for the “nuclear option,” have repeatedly brought up an obscure rule that allows them to prevent the Judiciary Committee from meeting. They have also prevented the committee from meeting by simply not showing up, ensuring the lack of a quorum. Along with threats that Republican senators would refuse to return their “blue slips” signaling approval for hearings on home-state nominees, Sen. Leahy was faced with the prospect of not being able to process any nominees. Senate Republicans have literally not been allowing “the world’s greatest deliberative body” to deliberate on judicial nominations.

And the reason why Senate Democrats were driven to change the filibuster rules for presidential nominees in the first place was that the Republican minority was blocking nominees to positions they just didn’t want the president to be allowed to fill. In other words, they were using the Senate’s rules of obstruction in an attempt to nullify laws they did not like and reverse the results of the presidential election.

This didn’t promote “deliberation.” It shut the entire process down.

This sanctimonious whining from Grassley and his fellow obstructionist Republicans isn’t fooling anyone. Personally, I would have preferred not to have gotten to this place. My guess is that Senator Leahy would as well. But when you’re trying to govern a country and the minority party won’t let you complete even the most basic tasks of governance, there really is no choice. Comity has to be a two-way street.

The high and mighty act doesn’t work when you’re behaving like a child.
 

PFAW

Six Ways Senate Republicans Are Still Obstructing Judicial Nominations

In recent weeks, Senate Republicans have found diverse ways to escalate their obstruction of judicial nominations.
PFAW

Escalated GOP Obstruction Provokes Talk of Committee Changes

Judiciary Committee chairman Patrick Leahy may reform his "blue slip" policy, which Republicans have abused to torpedo qualified judicial nominees.
PFAW

Senate GOP Living Up to Right Wing Vow to be a "Resistance Movement"

With this week's escalated obstruction of judicial nominees, the Senate GOP is acting more like a "resistance movement" than a responsible political party.
PFAW

GOP Blocks Judiciary Committee From Even Meeting

The Senate GOP has escalated their campaign of obstruction to prevent the Judiciary Committee from even meeting.
PFAW

PFAW Applauds Senate Progress on DC Circuit Confirmations

WASHINGTON – The Senate today voted to confirm Patricia Millett to the U.S. Court of Appeals for the District of Columbia Circuit. Millett is the first of President Obama’s three nominees to the court to receive a yes-or-no vote following the change in Senate filibuster rules in response to unprecedented Republican obstruction.

Marge Baker, executive vice president of People For the American Way, responded with the following statement:

“Finally, we are seeing progress in filling the three vacancies on the D.C. Circuit. There is no doubt that Patricia Millett and the other two nominees to this court -- Nina Pillard and Robert Wilkins -- are eminently qualified. The Republican opposition to these nominees has not been about their merits, but simply about keeping the president from filling these seats with any nominees. Millett will fill a seat that has been vacant since Chief Justice John Roberts was elevated to the Supreme Court in 2005. It’s about time this blockade was broken.

“We look forward to the Senate’s prompt confirmation of Pillard and Wilkins as well. Relentless Republican obstruction has for too long been crippling our federal courts. Confirming these nominees will be an important step toward getting the Senate, and our courts, working again.”


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Tony Perkins Claims Obama Judicial Picks Are 'To the Left of Hugo Chavez'

Last month, Senate Democrats were forced to change the rules of the filibuster after Republicans vowed to block all three of President Obama’s nominees to the D.C. Circuit Court of Appeals despite the fact that they had no problem with the nominees themselves.

But in the alternate universe of the Family Research Council’s Tony Perkins,  when it comes to judicial nominations, “Senate Republicans have rarely displayed political courage stopping only a handful of nominees – nominees that ideologically would have been to the left of Hugo Chavez.”

Perkins said in his radio address today that the president’s nominations have in fact violated God’s “specific guidance on the selection of judges.”

The now majority leader pushed the nuclear option button effectively silencing the Senate minority and all but guaranteeing the president's nominees will be confirmed. Trust me; Senate Republicans have rarely displayed political courage, stopping only a handful of nominees -- nominees that ideologically would have been to the left of Hugo Chavez. The President is now free to pack the courts with ideologues that will both advance and protect his socialist policies. There is a reason that God gave specific guidance in the selection of judges. Few things will ruin a society quicker than unqualified, activist judges.

Looking through a list of Obama judicial nominees delayed or blocked by the GOP, it’s hard to find any who resemble the late Venezuelan president, but the FRC’s perception of these things tends to be skewed. After all, the group attacked both of the women in President Obama’s slate of nominees to the DC Circuit for being too “feminist,” one because she successfully fought for the Family and Medical Leave Act, and one because she supports having more than one woman on the Supreme Court.
 

FRC Attacks Judicial Nominee For Saying There Should Be Women On The Supreme Court

The Family Research Council’s attempts to paint President Obama’s female nominees to the D.C. Circuit Court of Appeals as “radical feminists” aren’t going so well.

First, the FRC attacked Nina Pillard for quoting something the late Chief Justice Rehnquist wrote about the importance of the Family and Medical Leave Act.

Now, the FRC seems to think it’s found a winning argument against Patricia Millett, the other woman in the slate of three D.C. Circuit nominees: She thinks there should be women on the Supreme Court.

In his daily email on Friday, FRC’s Tony Perkins wrote:

As it stands right now, the D.C. Circuit is evenly divided between Democrat and Republican appointed judges -- but that's about to change. Using the nuclear option, the Senate moved forward with reconsidering Patricia Millett, the first of three previously blocked nominees the President will be employing to pack the court in his favor. Millett has shown an activist tendency in how she views the court, believing it's more important it look a certain way than judge a certain way.

When President Bush nominated Samuel Alito to replace Justice Sandra Day O'Connor, Millett bemoaned that O'Connor wasn't being replaced by another woman, as if gender impacts who's most qualified to apply the Constitution to the facts in a case or that our highest court should be seen as a representative body. She sees the redefinition of marriage turning on her own definition of fairness and not the law.

FRC seems to have picked up this line of attack from a talking points document put together by the right-wing Judicial Action Group, which claims that Millett's comment in a 2009 interview that “there was a lot of upset over the failure to put a woman on to replace Justice Sandra Day O’Connor” shows that she would have a poor "judicial temperament.”

Yes, this is actually the argument that FRC is using against an accomplished woman’s judicial nomination in 2013.

Here’s what Millett actually said, in a 2009 interview about whom President Obama might choose to replace Justice David Souter on the Supreme Court. At the time, there was just one woman on the court and Millett stressed that there were “many qualified women” who would make President Obama’s short-list, even if gender was not considered:

There was a lot of upset over the failure to put a woman on to replace Justice Sandra Day O’Connor and…it would be extraordinary to have no women on the Supreme Court in this day and age. But even to only have one is, I think, a sorry statement about the appointment process thus far, and where it’s gotten in the last eight years.

So, I think the pressure to have a Supreme Court that looks in many ways – and gender is just one way – that is reflective of the public it serves, would require that a woman gets serious consideration. And there’s no doubt that there are many, many qualified women who – entirely apart from their gender, if nobody even considers about their gender –would be short-listed for the Supreme Court in any event, so it makes that easy.

By the way, in case you were wondering about FRC’s claim that Millett “sees the redefinition of marriage turning on her own definition of fairness and not the law,” that also comes from JAG's talking points. JAG points to an interview Millett gave previewing the Supreme Court’s hearing of the DOMA case, in which she referred to the question before the Court – whether DOMA’s unequal treatment of same-sex and opposite-sex marriage’s violated the Fifth Amendment’s due process clause – as the “fundamental fairness question before the Court.” That is, she was accurately describing the issue the Court was asked to consider; she never implies that the issue is “turning on her own definition of fairness and not the law.”

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