judicial nominations

Grassley's Non-Response on Judicial Nominations

Chuck Grassley issues a misleading response to complaints about his obstruction of resident Obama's judicial nominees.
PFAW

Grassley, Ignoring Iowa Groups, Delays Five Judicial Nominations Without Explanation

Washington, DC – Sen. Chuck Grassley of Iowa today ignored the calls of national and home-state groups and delayed Judiciary Committee votes on five federal judicial nominees. Sen. Grassley, the committee’s ranking member, has routinely held back committee votes on judicial nominations for one, two, three, or even six weeks, usually without providing a reason. Ninety-seven percent of President Obama’s judicial nominees who have had committee votes scheduled have met with these delays, before confronting even greater obstruction on the Senate floor.

Yesterday, 16 Iowa and national groups sent Sen. Grassley a letter urging him to end these routine delays of judicial nominees, which have helped create a record vacancy crisis in the federal courts. In response, Grassley flaunted misleading statistics and failed to produce a reason why he has delayed nominees far more frequently than his predecessors.

Ignoring the groups' call, at a hearing today, Grassley postponed committee votes on four federal district court nominees and one nominee for the Court of International Trade. Three of the nominees would fill emergency vacancies. It has been more than two months since the committee heard testimony from the nominees and had the chance to ask follow-up questions.  

“Sen. Grassley has chosen to put petty partisan politics over the wellbeing of our federal courts and the wishes of his constituents,” said Marge Baker, Executive Vice President of People For the American Way. “Because they take place in committee, Grassley’s delaying tactics usually go under the radar, but that does not make them any less harmful. Grassley and his party are delaying these nominees just for the sake of delay. At a time when federal courts are struggling to meet the needs of Americans, that is simply irresponsible.”

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GOP Bad Faith on the Pace of Confirmations

Since a bipartisan agreement on judges ended in May, the rate of confirmations that Republicans have consented to has plummeted.
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Florida Federal Judge: We Need More Judges!

One of the district's vacancies could have been filled many months ago, if only Republicans would stop their blanket obstruction.
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President Obama Continues to Diversify the Federal Bench

Yesterday's slate of judicial nominations makes clear that President Obama's commitment to a diverse federal bench will continue into his second term.
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PFAW: Colorado Judicial Nomination Shows How Process Should Work

Washington, DC – At a time when there is a record vacancy crisis in the federal courts, Colorado senators Mark Udall and Michael Bennet have done something unusual: they have expedited the judicial nomination process so that a seat on the U.S. District Court for the District of Colorado will transfer hands without a long period of vacancy. If the Senate confirms him promptly, Raymond P. Moore will take the place of Judge Wiley Daniel soon after his seat becomes vacant in January.

People For the American Way praised Sens. Udall and Bennet for their attention to helping the president nominate a qualified jurist for the federal district court in Colorado. “Federal courts across the country are struggling to meet the needs of the American people. In many cases, it is because Senate Republicans are obstructing President Obama’s nominees. But too often, it is simply because senators are dragging their feet in recommending nominees to the president,” said Marge Baker, Executive Vice President of People For the American Way. “Senators Udall and Bennet have shown how the process can be swift and efficient.”

Federal judges often announce planned departures from the bench many months in advance so that the process for nominating and confirming a replacement can begin early, thus minimizing the amount of time that a seat is vacant. Then, for district courts in particular, the White House seeks recommendations of potential nominees from the state’s senators. In too many states, delay on the part of senators means a significantly delayed nomination, leaving courtroom vacancies unfilled. As a result, most future vacancies become current vacancies with no replacement nominated.

That is not what happened in Colorado. Last winter, district court Judge Wiley Daniel announced that he would be taking senior status beginning in January 2013. Sens. Udall and Bennet promptly put together an 11-member bipartisan advisory commission to help identify highly qualified candidates for the vacancy, which accepted applications during the spring and submitted its recommendations to the senators. The senators then forwarded the finalists to the White House, which conducted its own review, leading to the president’s nomination yesterday of Raymond P. Moore, a longtime federal public defender. 

Yesterday, the wheels have been set in motion for the Senate to begin its consideration of the nomination, before the vacancy even opens up.

“The process that Senators Udall and Bennet set in motion to nominate Moore should not be unusual,” added Baker. “Instead, it should be a model for senators across the country. It is a testament to the commitment of Sens. Bennet and Udall to making sure that no Coloradan is denied their day in court, one that I hope many of their colleagues will emulate.”

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Lame Duck - Time to Confirm All the Pending Nominees

Don't believe the latest Republican spin to justify their obstruction of judicial nominations even during the lame duck session.
PFAW

PFAW Commends President For Judicial Nominations, Urges the Senate to Act Quickly on Pending Nominees

Washington, DC – People For the American Way commended President Obama for putting forward seven nominees for seats on federal district courts today, and urged the Senate to promptly consider the 19 nominees currently awaiting floor votes.

“By nominating this slate of highly qualified nominees just one week after his reelection, the president has signaled that the federal courts will be a priority in his second term,” said Marge Baker, Executive Vice President of People For the American Way. “Now it’s the Senate’s turn to show that they’re serious about ending the vacancy crisis in the courts. They can start by voting on the 19 judicial nominees awaiting votes in the lame duck session.”

The Senate could easily confirm all 19 nominees awaiting Senate votes before the end of the lame duck session. In December 2010, the Senate confirmed 19 judges in less than a week. In November 2002, the Senate confirmed 20 judges in less than a week, including 18 on a single day.

During President Obama’s first term, Senate Republicans abused the filibuster to stall votes on even uncontroversial judicial nominees, contributing to a record vacancy crisis in the federal courts. While President Obama has nominated federal judges at a similar pace as President George W. Bush did in his first term, only 78 percent of his nominees have been confirmed, compared to 89 percent of Bush’s nominees. On average, President Obama’s judicial nominees have been forced to wait three times as long between committee approval and a Senate vote as did nominees in President Bush’s first term.

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Demise of Another GOP Talking Point on Judicial Nominations

The GOP claim that confirmation times for Obama's judicial nominees should be compared to Bush's second term falls apart.
PFAW

Judicial Obstruction in Graphic Form

Even for judicial nominees with no opposition, Republican opposition is setting records.
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More Court Vacancies, More GOP Obstruction

Republicans are blocking judicial nominees in Illinois and California, even though new vacancies in those states were announced just this morning.
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Sen. Confirmed 10 Judges One Day After Committee Vote in Sept 2008

In the last presidential election year, the Senate confirmed 10 judges in September, just a day after committee approval. Why not this year?
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Leahy Urges Confirmation Votes for Judges

Republicans should allow the Senate to vote on all of the 17 pending district court nominations.
PFAW

A Diversity Milestone for Federal Judges

President Obama had as many women judges confirmed as Bush did in 8 years, but Republicans are preventing votes that would further diversify our courts.
PFAW

PFAW Memo: Sen. Toomey Can Help Get Pennsylvania’s Judicial Nominees Confirmed by Encouraging his Republican Colleagues To Cooperate

To: Interested Parties
From: Jodi Hirsh, People For the American Way of Pennsylvania
Re:
Senator Toomey Can Help Get Pennsylvania’s Judicial Nominees Confirmed by Encouraging his Republican Colleagues To Cooperate

Last month, the Senate Judiciary Committee approved two nominees to fill two long-vacant seats in Pennsylvania’s federal courts. Each has broad bipartisan support and is strongly supported by both Sens. Casey and Toomey. Yet over four weeks later, neither has received a vote from the full Senate. Sen. Pat Toomey has recently urged their prompt confirmation, correctly stating that “The one thing standing between the confirmation and these two gentlemen putting on the robes and serving, is a vote on the Senate floor.” That’s true. And he says he will push for a floor vote in September. That’s good.

But in addition to making statements he needs to press members of his own party for action.

In fact it is Senate Republicans, including Sen. Toomey, who have systematically slow-walked nearly every judicial nomination that President Obama has made. Confirmed district court nominees under President Bush at this point in his presidency waited on average just 33 days from committee approval to a vote from the full Senate. In contrast, district court nominees under President Obama have waited an average of 96 days, or three times as long. This is not because Senate Majority Leader Harry Reid refuses to schedule votes. It is because Reid can’t schedule a vote without the minority party’s consent, and that consent has routinely been denied even for nominees with strong bipartisan support like the two pending in Pennsylvania, just one of the many stalling tactics they have used to keep President Obama’s nominees off the courts

Pennsylvania nominees Matthew Brann of Canton and Malachy Mannion of Scott Township are not alone in waiting for Senate votes. There are now 22 judicial nominees who have been approved by the Judiciary Committee and who are waiting for a simple up-or-down vote from the Senate. Nineteen were approved by the Judiciary Committee with strong bipartisan support. Seven of these have been waiting since April or earlier for a vote. A third of these are women and people of color, nominees who would help diversify the federal bench. And most have been waiting for a Senate vote far longer than Mannion and Brann.

After the Judiciary Committee vets a nominee, especially a consensus nominee like most of the ones now pending, the Senate should quickly cast a yes-or-no vote. There is no legitimate reason for delay. In past administrations, we have seen multiple confirmation votes per week. But since May, Senate Republicans have allowed only one a week. There is no reason for this but partisan obstruction, pure and simple. Rather than being toward the bottom of a list of 22 nominees, Brann and Mannion should be at the top of much smaller list composed only of the few nominees approved by the committee in late July and early August, with the full expectation of confirmation on the day the Senate returns from recess.

For Mannion and Brann to have a realistic chance of being confirmed this fall, Senator Toomey will need to talk to his fellow Republicans – especially Minority Leader Mitch McConnell – and demand votes not only for Pennsylvania’s nominees, but for all of the many district court nominees ahead of them in line. Until those other nominees get votes, two courtrooms in Pennsylvania’s Middle District will remain empty.

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Not Business as Usual: Senate Confirms One Long-Delayed District Court Nominee, Leaves Another 18 Hanging

Washington, DC – The Senate today confirmed Gershwin Drain, a nominee to fill a long-standing emergency vacancy in the Eastern District of Michigan. The 55 to 41 vote came on the heels of the Senate GOP’s unprecedented refusal to confirm even consensus appeals court nominees until after the presidential election. While Senate Republicans claim to be cooperating on filling district court vacancies, they are doing so grudgingly and inefficiently, allowing no more than one vote a week. As a result, the backlog of pending nominees has gotten larger and larger. Drain, nominated to fill an emergency vacancy that has been open for three and a half years, was forced to wait over four months after committee approval for his long overdue vote on the Senate floor.

There are 74 district judgeships currently or about to become vacant and 18 qualified nominees waiting for votes on the Senate floor. Ten of these would fill judicial emergencies. Most have been waiting for a vote since June or earlier; four of them since April. As the Senate prepares to leave for its August recess, there is no reason not to vote on all these long-pending nominees.

“There is no way that Gershwin Drain should have had to wait four months simply for an up-or-down vote from the Senate,” said Paul Gordon of People For the American Way. “Senate Republicans have already announced they’ll filibuster all remaining appeals court nominees, even those without opposition, even those strongly supported by members of their own party. Now, they’re making the confirmation process for the 18 remaining district court nominees painfully slow. There are more than 60 vacancies in district courts around the country that need to be filled immediately, with another dozen about to open up. The Senate GOP should start doing its job and let the President and Senate fill them in a timely manner.”

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Senate Republicans Block Appeals Court Nominee They Support, Setting Obstruction Record

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.”

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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 ABA panel that evaluates judicial nominees unanimously found Bacharach well qualified, its highest possible evaluation. He has been a magistrate judge in the Western District of Oklahoma for over a decade.
  • He was approved by the Judiciary Committee with near-unanimous bipartisan support (the one “no” vote was from Sen. Mike Lee, who is voting against all President Obama’s judicial nominees to protest an unrelated issue).
  • He has the support of President Obama and both of Oklahoma’s Republican senators.
  • As Sen. Inhofe said, “it is kind of rare that the Obama White House and I agree on anything.”
  • Sen. Coburn said in June that it would be “stupid” for his party to block a vote on Bacharach.

The “Thurmond Rule” is no excuse for blocking Bacharach

  •  In the past 5 presidential election years, Senate Democrats have never denied an up-or-down vote to any circuit court nominee of a Republican president who received bipartisan support in the Judiciary Committee.
  • In the past 5 presidential election years, only 4 circuit nominees reported with bipartisan support have been denied an up-or-down vote on the Senate Floor, and all 4 were nominated by President Clinton.

This is part of the GOP’s ongoing campaign of obstruction against consensus nominees

  •  Of the 5 circuit court nominees that have been confirmed this year, the Majority Leader had to file cloture on 3 of those nominees in order to secure an up-or-down vote.
  • All 3 circuit court nominees for whom the Majority Leader had to file cloture were nominated to fill judicial emergency vacancies and were rated unanimously “well qualified” by the nonpartisan ABA Standing Committee on the Federal Judiciary, the highest possible rating. Two of the circuit court nominees who required cloture – Adalberto Jordan of Florida and Andrew Hurwitz of Arizona both had the support of their Republican home state senators (and the third was from California, which has two Democratic senators).

Vacancies are taking a toll on the Tenth Circuit (Oklahoma, Kansas, Utah, Wyoming, New Mexico, Colorado)

  • Of the 12 active judgeships on this circuit, 2 are vacant.
  • This seat has been vacant for more than two years, when the previous judge retired (as opposed to taking senior status).
  • The slack is being picked up by several senior judges, including an 89 year-old LBJ nominee and a 96 year-old Nixon nominee.

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Gridlock or Bust: How the Senate GOP Has Abandoned Its Own Nominees for the Sake of Obstruction

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, media@pfaw.org, (202) 467-4999

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