WASHINGTON, DC – Today, six months after the last Senate confirmation vote on a federal circuit court nominee, People For the American Way urged Senate Republicans to agree to votes on all remaining federal judicial nominees.
“It is highly unusual to go six months without a vote on a single federal circuit court nominee, outside of a presidential transition,” said Marge Baker of People For the American Way. “And it’s even more unusual for these kinds of delays to be thrown at unquestionably qualified and uncontroversial nominees.”
There are currently 13 district court nominees and four circuit court nominees waiting for Senate votes. Circuit courts have a uniquely important role in our system of justice, and the four circuit court nominees have been blocked longer than any of the others. Tenth Circuit nominee Robert Bacharach of Oklahoma has been waiting six months for a confirmation vote; First Circuit nominee William Kayatta of Maine has been waiting roughly eight months, as has Federal Circuit nominee Richard Taranto. Third Circuit nominee Patty Shwartz of New Jersey has been waiting a full nine months for a simple up-or-down vote from the Senate. All have extraordinary qualifications and the support of their home-state senators, Democratic and Republican. In fact, if they are ever allowed a floor vote, most of the circuit court nominees can count on a unanimous or near-unanimous confirmation. Their only “flaw” is that Republicans oppose the president who nominated them.
“Under pressure, Senate Republicans have finally allowed some progress in recent days in the confirmation of a handful of consensus district court nominees who should have been confirmed months before the election,” continued Baker. “But there is no reason why every one of the nominees currently on the Senate calendar shouldn’t have an up-or-down vote before the end of the term. More than ten percent of all circuit court judgeships are vacant or soon to become vacant. Given this vacancy crisis, and with nominees like these four, it is inexcusable for Senate Republicans to allow half a year to go by without lifting their blanket blockade on all circuit court judges.”