judicial nominees

Mat Staver's Bizarre Justification For Maintaining The 'Nuclear Option'

After the Republican gains in last week's election, right-wing activists immediately sent a letter to Senate Republicans urging them not to re-institute the 60-vote threshold for overriding filibusters against judicial nominees when they take control of the Senate in the next term, after Democrats eliminated it through the so-called "nuclear option" last year.

Among those who signed on to the letter was Liberty Counsel's Mat Staver, who discussed the importance of banning the use of the filibuster on today's "Faith and Freedom" radio broadcast by asserting that doing so would somehow teach the Democrats a lesson by forcing President Obama to now nominate more moderate judicial candidates.

Staver and co-host Shawn Akers both seemed convinced that not re-instituting the 60-vote filibuster threshold would somehow constrain Obama for the remainder of his term and gloated as if this was sort of ironic comeuppance for the Democrats for having changed the rule.

"The Democrats wanted to hurt America by taking it away," Staver said, "and putting in these radical nominees. Now they're going to have the live with the medicine. They're going to live with what they did. We shouldn't re-institute it on these judges and this will help us block these radical judges. Obama is either gonna not be able to appoint anybody to the bench or he's going to have to moderate and bring some people in that are not these radicals that he's been putting on the benches across the country":

Of course, the entire point of doing away with the filibuster was because Republicans, who were in the minority, had been using it to routinely block the Democratic majority in the Senate from confirming President Obama's judicial nominees. They went so far as to use the filibuster to prevent President Obama from filling any vacancies on the critically important D.C. Circuit Court, and vowed to continue to do so regardless of who he nominated.

Next term, the Republicans will be in control of the Senate and will be able to block the confirmation of Obama's judicial nominees simply by virtue of being the majority party. The likelihood of Democrats seeking to block any of President Obama's judicial nominees is virtually nonexistent, so maintaining the ban on the use of the judicial filibuster will literally have no impact whatsoever.

Richard Land Calls For 'A Two Year Moratorium On Any Confirmation Of Federal Judges'

While appearing on NewsmaxTV today, Richard Land echoed Phyllis Schlafly's call for Republicans, now that they have gained control of the Senate, to refuse to confirm even one more judge nominated by President Obama for the remainder of his term in office.

Land said that Senate Republicans need to simply inform Obama that there is now "a two year moratorium on any confirmation of federal judges."

"The American people have lost confidence in your leadership as president," Land recommend that the GOP tell Obama, "and we're going to not confirm any judicial nominations in the Senate until after the American people have had an opportunity to elect a new president":

Schlafly: GOP Senate's First Priority Should Be Blocking All Judicial Nominees

In a post-election interview with WorldNetDaily — “It’s a terribly important election, and I’m thrilled with it because it’s almost as big as our Republican victory in 1946” — conservative leader Phyllis Schlafly insisted that the first priority of the new GOP-controlled Senate should be to block every single one of President Obama’s judicial nominees:

Now Schlafly said it’s time for the new Republican majority to get to work by stopping President Obama from packing the judicial system with his preferred judges.

“I think the most important job of the Republican Senate is to defeat or reject, or not even take up, any of Obama’s court nominees,” she said. “He’s already put too many liberals on the court, and we don’t want any more.”

Last year, the Senate lowered the vote threshold for ending most judicial filibusters after Republicans had abused the process to routinely block even noncontroversial, bipartisan nominees.

Mike Boggs' Record Catches Up to Him

This post was originally published at the Huffington Post.

This is a good day for Americans who care about our federal courts. According to press reports, Judiciary Committee Chairman Patrick Leahy has said that Georgia federal district court nominee Mike Boggs lacks majority support on the committee and that he should withdraw. The New York Times calls the nomination "dead."

Federal judicial nominees routinely - and appropriately - assure senators that their personal feelings and political positions will play no role in their judicial decisions. But this particular nominee did exactly the opposite when running for election as a state judge in 2004. That's when then-Rep. Boggs told voters at a judicial candidates' forum, "I am proud of my record. You don't have to guess where I stand - I oppose same-sex marriages. I supported and authored the Child Protection Act to protect children from predators. I have a record that tells you exactly what I stand for."

This connection - that Boggs himself made - between how he would approach judging cases to his views as a legislator on the legal issues that would be before him as a judge, compelled the Senate Judiciary Committee to examine Boggs' legislative record.

And what a disturbing record that was: He sought to amend the state constitution to forever lock gays and lesbians out of the promise of equality and to prohibit the Georgia legislature from ever extending marriage rights to gays and lesbians. He supported anti-choice legislation and even voted for a bill amendment that would have put abortion providers' lives at risk. He voted in support of having the Confederate battle symbol incorporated into the state flag. He sought to use the power of government to promote religion, church-state separation notwithstanding.

Given his 2004 assurance that his legislative record showed how he would rule as a judge, senators could certainly presume that Boggs has a severely cramped view of constitutional Equal Protection, reproductive rights, and church-state separation. LGBT people, religious minorities, African Americans, and women could not be assured that their basic rights would be recognized and fully protected in his courtroom.

To make things worse, his efforts to explain away his record to the Judiciary Committee raised questions about his candor.

For instance, at his hearing, he assured both Senators Mazie Hirono and Chris Coons that statements he made in 2004 while expressing his opposition to marriage equality about "the dangers that we face with respect to activist judges" were views he held as a legislator, not as a judge. Yet he sounded quite different as recently as November 2011, having been a judge for nearly seven years. At that time, Boggs was promoting himself to a different audience, the Judicial Nominating Commission of Georgia, which was considering recommending to the governor his appointment as a state appeals court judge. When asked then how to improve the efficiency and effectiveness of the legal system, Boggs cited as the problem "judges who abrogated their constitutionally created authority" and "judicial decisions that have ignored and violated the basic tenets of the judiciary."

At his Senate confirmation hearings just a few years later, Sen. Coons asked Boggs to name three or four examples of cases that he'd had in mind when he expressed those concerns in 2011. Boggs admitted that as a legislator in 2004, he considered cases recognizing marriage equality as a state constitutional right as fitting this category, but didn't say what cases he'd had in mind in 2011. In her written follow-up questions, Sen. Dianne Feinstein asked Boggs if he could name any decisions that he believed abrogated the judiciary's constitutionally created authority (using his words). He responded that he could not recall any cases that he had been thinking of at the time.

Yeah, right. Based on what Boggs told the state Commission, he viewed this as extremely serious, going to the very legitimacy of the courts. Yet just a few years later, even after being given additional time to think about it, he could not recall even one case that he'd had in mind. One could be forgiven for believing instead that he actually had in mind the same cases he'd referred to in 2004, and that he was telling the commissioners - and ultimately, Georgia's governor - what he thought they wanted to hear.

His efforts to explain away his votes endangering abortion providers and supporting the Confederate battle symbol were equally not believable, and apparently they were not believed by a majority of committee members. Good for them.

Boggs' disturbing record showed he was unqualified for the federal bench. Today's news shows that a majority of the Judiciary Committee agrees.

PFAW

Don't Forget (And Don't Let Anyone Else Forget): The Courts are on the Ballot this November!

The fight to keep the Senate blue this November is critical to a slew of progressive issues – from immigration reform to voting rights, women’s health to LGBT equality. But the greatest risk of a Republican Senate could be an issue that gets far less mainstream attention: judicial and executive nominations.

Senate Republicans have a well-established track record of obstructing President Obama’s nominees for judicial and executive branch appointments. This past April, PFAW held a member telebriefing to discuss GOP obstruction tactics, such as delaying confirmation hearings and forcing time-consuming cloture votes. While the Senate made significant progress in recent months in filling critical vacancies, a staggering 153 judicial and executive nominees currently await confirmation votes in the Senate, and judicial vacancies continue to have real consequences for Americans nationwide. Republicans want a federal court system dominated by right-wing ideologues who issue poorly reasoned decisions that cause devastating harm to real people, rather than ones who adhere to the law and our constitutional principles. They have used their power as the minority to engage in unprecedented obstruction. But their ability to keep the executive and judicial branches of the United States government from functioning effectively would be amplified immensely should they control the Senate.

In an article this week addressing this potential threat to the nominations process, Talking Points Memo quoted congressional scholar Norm Ornstein as saying that a GOP-controlled Senate “means the ability of Obama to get any judicial nominations through becomes about zero.” And the people at Talking Points Memo aren’t the only ones to take note. Right-wing talk radio personality and American Family Association spokesperson Bryan Fischer told listeners today that the 2014 election is critical for conservatives because President Obama “is going to try to stack and pack every circuit court in the country.”

“This election in November is huge, because whoever controls the Senate now is going to be in control of every single nomination to the federal bench for the next few years,” said Fischer, who alleged that there is an “overwhelming preponderance of Obama acolytes” on federal courts.

There are countless reasons for progressives to turn out to the polls this November 4, and little doubt in our minds that the fight to keep the Senate blue will be a tough one. But the potential for continued judicial and executive vacancies that could result from a Republican-controlled Senate – and could have serious, negative consequences on the capacity of our judicial and executive branches of government -- is especially onerous.

PFAW

Debo Adegbile, Justice Department Nominee Blocked By Senate, Joins Private Practice

Debo Adegbile, President Obama’s nominee to lead the Civil Rights Division of the Department of Justice, announced today that he would return to private practice. Adegbile’s confirmation was blocked earlier this year despite his extensive qualifications and his record of commitment to civil rights. People For the American Way Vice President Marge Baker issued the following statement:

“Debo Adegbile’s decision to return to private practice is a great loss for the Department of Justice and for the country. Adegbile is extraordinarily well qualified to lead the Civil Rights Division and exactly the kind of person that the President and the Senate should want in a key DOJ post. Instead, he was attacked by his opponents for taking on important issues in our justice system. In particular, Adegbile should be commended for his commitment to the principle that every criminal defendant deserves robust, competent representation. The willingness of his opponents to abandon that principle will be a shameful mark on the Senate’s history.

“While Adegbile’s decision to move on with his career is understandable, it’s still a deeply disappointing conclusion. His absence at the DOJ will be felt for years to come.”

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PFAW Memo: Senate Needs to Confirm Pending Judicial Nominees

To: Interested Parties
From: Paul Gordon, Senior Legislative Counsel, People For the American Way
Date: September 15, 2014
Subject: Senate Needs to Confirm Pending Judicial Nominees

There is probably little more than a week before the Senate goes out on recess until after the election. One of the most important – and undoubtedly quickest and easiest – things it can do before then is confirm 16 judicial nominees, most of whom have overwhelming bipartisan support.
                                                                                      
One of the most important responsibilities of the United States Senate is to maintain a functioning federal court system. District courts are the backbone of the American judicial system. They are where people turn when they feel their rights have been violated. “Having your day in court” is an essential part of the American ideal. But that ideal cannot be met if we don’t have enough judges to make it happen. Even if every vacancy in the country were filled tomorrow, it wouldn’t be enough: The Judicial Conference of the United States – the entity responsible for assessing the federal courts’ ability to effectively manage their caseloads – has urged Congress to create an additional 85 district court judgeships. So when an existing vacancy can be filled with a qualified nominee, it ought to be done with dispatch.

Right now, nominees for 16 such vacancies can be confirmed within the next few days. Seven of these were fully vetted and approved by the Judiciary Committee and have been waiting for a floor vote since June or July. Of these seven, all but one of them advanced without any opposition. Four alone are from Georgia: nominees who have the unanimous support of the Judiciary Committee’s Democratic and Republican senators. There are no more questions to ask of these nominees, except when they will be allowed to take up their judicial responsibilities and fill empty courtrooms in Georgia, New York, Wisconsin, and the District of Columbia.

The remaining nine were scheduled for a committee vote last week, having had their confirmation hearings back in July. They have been nominated for judgeships in Pennsylvania, Kentucky, Missouri, Connecticut, and New Jersey. Four of them – nearly half – would serve in the Eastern District of Pennsylvania, a state with so many vacancies that it alone accounts for 15% of the nation’s total, but Chairman Leahy was forced by the GOP to delay the vote. Republicans gave no reason for the delay, but they rarely do: Since President Obama took office, Republicans have exercised the right of the minority party to have a committee vote “held over” (delayed) by at least a week without cause for nearly all of his judicial nominees, part of their overall mechanism of obstruction. Fortunately, they are expected to get their overdue committee approval later this week.

There remains plenty of time to confirm all 16 nominees before the Senate goes out for its pre-election recess next week.

The fact that we are heading into an election is no reason not to hold these confirmation votes. In fact, in September of 2008, a presidential election year – and the twilight of George W. Bush’s presidency, no less – Democrats rushed several of his nominees through to make sure they got confirmed before recess (and before his presidency ended). Ten of Bush’s district court nominees were confirmed just one day after being approved by the Judiciary Committee. All ten had had their committee hearings earlier that same month – in some cases, during that same week. The confirmation votes took hardly any time at all, since all ten were considered and confirmed as a bloc by unanimous consent.

Interestingly, three of those 2008 nominees were from the Eastern District of Pennsylvania, where four of the current 16 nominees could be serving by next week, if given the chance.

Republicans still have a chance to demonstrate that they can prioritize the functioning of the U.S. court system over their own partisan interests. But it seems unlikely. Since last year, the GOP has insisted that no judicial nominee, despite their bipartisan support, advance on the Senate floor without time-consuming cloture votes and roll-call confirmation votes. And it isn’t just the roll-call votes that take time (although each one can take nearly an hour). Without unanimous consent to waive the chamber’s time requirements, cloture votes cannot be held until two days after cloture petitions are filed, and each confirmation vote requires at least an hour of needless “post-cloture debate” even after the filibuster is broken.

If Republicans successfully prevent votes this month, the earliest the courtrooms will see some relief will be in a potential lame duck session.  That means another two month wait until clearly qualified nominees are  able to take their seats in courtrooms around the country.  There is simply no good reason for such delay.
 

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PFAW Applauds Confirmation of Pamela Harris

The Senate voted today to approve the nomination of Pamela Harris to the Fourth Circuit Court of Appeals by a vote of 50 to 43.

Marge Baker, Executive Vice President at People For the American Way issued the following statement:

“Pamela Harris is exactly the kind of judge we need in our courts. She is a brilliant litigator and public servant committed to improving the quality of justice for all. There’s no question she’ll make an excellent federal judge.

“We applaud the Senate for moving forward in confirming  quality nominees to the federal bench. For years, Republicans have blocked, delayed, and obstructed the confirmation of judges, doing everything in their power to slow down the process. We applaud Senator Reid and Senator Leahy for pushing through the obstruction so the Senate can hold timely confirmation votes rather than let our nation’s courtrooms sit empty.

“Americans depend on federal judges to apply the Constitution’s guarantees of fairness and equality for all people. It’s critical that the Senate continue to confirm President Obama’s qualified, fair-minded nominees without delay.”

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PFAW Opposes Nomination of Michael Boggs to be Federal Judge

Federal district court nominee Michael Boggs of Georgia had his confirmation hearing before the Senate Judiciary Committee on Tuesday. The hearing was his opportunity to address the many serious concerns we and others have had about his record. When he first ran for office as a state judge, he assured voters that they could know where he stood by looking at his legislative record, including his opposition to marriage equality. But judges aren’t supposed to let their personal political beliefs determine how they rule on cases. In addition, the legislative record he cited is deeply disturbing.

Unfortunately, his testimony in response to senators’ questions only deepened our concerns. So in a letter Wednesday to members of the Senate, People For the American Way expressed strong opposition to this confirmation. PFAW Executive Vice President Marge Baker and Senior Legislative Counsel Paul Gordon delineated the reasoning behind the organization’s opposition to Boggs’ confirmation.

“[Boggs’] record makes clear that senators should not confirm him to a lifetime position as a United States judge,” the letter states. “…we do not believe Michael Boggs has demonstrated that he would be able to bring to his service as a lifetime judge on the federal courts the requisite impartiality necessary for such a position.”

The five page letter discusses the problems around Boggs’ ability to perform in the role of judge and his actions relating to LGBT equality, reproductive rights, and government promotion of religion. It also discusses the controversy around his support for the inclusion of Confederate imagery in the Georgia state flag, as well as his candor before the Judiciary Committee. You can read the full text of the letter here.
 

PFAW

Obstruction 2.0: How Republican Senators Continue to Block Judicial Nominations Post-“Filibuster Reform”

Tuesday afternoon, PFAW hosted a special member telebriefing on the continued GOP obstruction of judicial nominees. The briefing featured PFAW’s Executive Vice President Marge Baker and Senior Legislative Counsel Paul Gordon. They discussed how Republicans’ obstruction has reached staggering levels, despite changes in Senate filibuster rules.

Marge gave a brief background on the issue of GOP obstruction of judicial nominations, explaining how important federal judgeships are for deciding many issues that affect everyday Americans and defining why Republicans are determined to continue obstruction confirmations of judicial nominees. Their underlying goal is to keep as many seats empty as possible so a President Cruz or Rubio can fill them with right-wing ideologues.

She addressed the current narrative that President Obama has had more confirmations at this time than Bush had, and explained that these numbers need to be put in the context of the fact that Obama has had around 70 more vacancies to fill than his predecessor. That means for Obama’s confirmation results to be seen as equivalent to those of President Bush, he would have had to have many more nominees confirmed at this point in his presidency.

Paul began a discussion of some of the choke methods Republicans are employing to block the confirmation of President Obama's nominees to the bench. Paul delineated how all too often, GOP senators do not cooperate with the White House to suggest candidates for nomination, delaying the process from the very beginning. Once nominees are made and are sent to the Senate Judiciary Committee, we have seen GOP Senators delay the hearing by not submitting their blue slips, an unofficial tradition that gives home state Senators an opportunity to express their support for the nominee.

Marge explained ways in which Republicans are delaying the process once nominees are in committee, where the minority is allowed to request one-week delays. To express the magnitude of the obstruction, Marge explained how of the 270 nominees who have had a vote during President Obama's term, only 11 have had their votes held on time.

Once on the Senate floor, the situation doesn't get better as senators are able to filibuster nominees by refusing to give unanimous consent to the simple act of holding a yes-or-no confirmation vote. To offset these delays, Senate Majority Leader Harry Reid has been forced to file for cloture. Since the rules change in November, there have been cloture votes on all the nominees, adding hours of senate time in post-cloture debates (30 hours per circuit court nominee).

Marge highlighted that if all 30 nominees on the floor were voted on today, which is possible, then the number of current vacancies would drop precipitously, down to the level at this point in George W. Bush’s presidency. It is essential that these be voted on now, and that confirmation votes for nominations coming out of committee be voted on expeditiously.

Fielding questions from PFAW members, Marge and Paul discussed particular cases of obstruction like that of William Thomas's nomination in Florida, where Senator Marco Rubio withheld his blue slip in support of the nominee-–one that he himself had recommended in the first place. Members also made the connection between the effect of big money in politics and the motivations for GOP senators to obstruct confirmations, and attempted to find ways in which everyday Americans can make their voices heard to their senators regarding the issues of obstruction in judicial nominations. Paul used the example of the DC Circuit Court fight, where with the activism from people across the country rallying together helped get all the court's vacancies filled.

Marge and Paul, along with PFAW members, emphasized how as activists, we can intervene in the fight to take back our democracy by letting Senators know that average Americans are paying attention, watching how they respond and vote on judicial nominations, and considering who may be pulling their strings. For instance, a caller in Florida wanting to influence Marco Rubio could call his office and ask him to prevent a delay in a committee vote for nominees to fill four emergency vacancies. And everyone, regardless of whether there are vacancies in their state, can call their senators and call for the quick confirmation of the large number of nominees awaiting a floor vote. She also highlighted what is at stake in this mid-term election since the officials we elect today will help confirm the judges that will decide important cases that affect average Americans. For this reason, it is important to have demographic and experiential diversity in the courts so judges making decisions understand the impact of the law on regular Americans.

Click here more information on our Fair and Just Courts campaign.

PFAW

Over 1,000 Law Professors Condemn Senate Vote on Debo Adegbile’s Nomination

Last month, the US Senate failed to invoke cloture on the nomination of Debo Adegbile to head the Civil Rights Division at the Justice Department after a right-wing smear campaign that attacked Adegbile for helping provide legal representation at the appellate level to Mumia Abu-Jamal, a convicted murderer, while working at the NAACP Legal Defense Fund. Every Senate Republican and seven Democrats voted to filibuster Adegbile’s nomination, effectively blocking the nomination and throwing out the window the constitutional ideal that all criminal defendants should have access to quality legal representation.

People For the American Way’s vice president Marge Baker called the filibuster a “triumph of demagoguery.”

Last week, over one thousand law professors came together to publicly condemn the vote by writing a letter to the Senate where they explain the ramifications of the vote for law students, lawyers, and the legal profession as a whole. The letter – dated April 25, 2014 – states:

[W]e are deeply concerned that the vote and the rationale publicly articulated by a majority of Senators rejecting Mr. Adegbile sends a message that goes to several core values of the legal profession. These include the right to counsel, the importance of pro bono representation, and the importance of ensuring that constitutional protections are afforded to every criminal defendant regardless of the crimes for which they are accused.

As law teachers we are particularly concerned about the disquieting message conveyed to law students and graduates entering the profession who may fear that their engagement with pro bono representation of unpopular clients may imperil their future eligibility for federal government service.

…We believe that the criticism of Mr. Adegbile, based on his representation of a death row inmate, is unjust and inconsistent with the fundamental tenets of our profession. The Sixth Amendment to the United States Constitution guarantees the assistance of counsel to persons charged with crimes, and all accused defendants are entitled to zealous representation by competent counsel.

The highest calling of any lawyer is to ensure that the Constitution is applied fairly and in accordance with the decisions of the U.S. Supreme Court to every defendant.

…The debate surrounding Mr. Adegbile’s confirmation also threatens to undermine the widely-recognized importance of lawyers providing pro bono representation to meet unmet legal needs. Providing representation to defendants on death row is among the most challenging, resource-intensive and critically important pro bono counsel a lawyer can provide. Lawyers engaged in this work should be commended rather than denounced for their hard-work and commitment to ensuring that the protections of the Constitution are extended even to those accused of heinous crimes.

…Finally, as every lawyer knows – including the 57 in the U.S. Senate – we are not our clients. The constitutional right to effective assistance of counsel would be turned on its head if the contrary view were advanced. Indeed, had past candidates for public office been held to the Senate’s unjust standard, our nation would have been deprived of the likes of President John Adams (who defended British soldiers charged with killing Americans in the Boston Massacre), Justice Thurgood Marshall (who defended countless black men on death row in the Jim Crow South), and Chief Justice John Roberts (who represented convicted serial killer John Errol Ferguson).

Simply put, the rule of law cannot succeed if attorneys are judged guilty by association with their clients. In rejecting a qualified nominee for public service based on conduct which reflects the best of our profession, the Senate has done a grave disservice to the legal profession and those who seek to enter it.

PFAW

Senate Confirms Friedland Nomination After Months of Delays

Upon returning from a two week recess, the Senate voted today to confirm Michelle T. Friedland to the US Court of Appeals for the 9th Circuit. Notably, Friedland is the 100th female judge confirmed under President Obama.

People For the American Way’s Executive Vice President Marge Baker released the following statement:

“Today’s confirmation is an important step towards addressing the judicial vacancy crisis on the federal bench, particularly in our Courts of Appeals, and it’s an important step towards building a more diverse judiciary. Confirming President Obama’s nominees makes our judicial system work better for Americans who depend on the courts. That’s doubly true in circuit courts which are frequently the courts of last resort for determining issues that affect American families every day.

“Senator Reid should be applauded for moving the confirmation process forward despite the GOP’s unrelenting campaign of obstruction. Since the beginning of President Obama’s administration, Senate Republicans have delayed votes and slowed down the process of filling judicial vacancies with qualified judges. Their campaign of obstruction has increased the backlog of vacancies waiting to be filled and weakened our judiciary.

“Today’s confirmation is a step in the right direction. Filling vacancies in our courts should not be a partisan issue—it should be about the American citizens whom these courts serve.”

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In the Senate, Michelle Friedland's Nomination to 9th Circuit Advances Despite Continued GOP Obstruction

Today, the Senate voted to advance the nomination of Michelle Friedland to the 9th Circuit.

Friedland was one of many superb, highly qualified judges caught up in Republicans' blanket obstruction of judicial nominees, and President Obama was forced to re-nominate her for the court this year. After today’s vote, she still faces 30 hours of potential "post-cloture debate," unless Republicans allow the Senate to move forward on the nomination more expeditiously.

Even though the Senate changed its filibuster rule for judicial and executive branch nominations, lowering the threshold from 60 votes to a simple majority in order to invoke cloture and advance nominees toward confirmation votes, Republicans continue to force cloture votes as a procedural hurdle. The delay created by these votes and the subsequent 30-hour wait before a confirmation can occur amounts to a stubborn form of obstruction in itself.

And this is just one way that Senate Republicans are continuing to hold up the judicial nomination process. Judicial nominees from states with Republican senators also face unreasonable, meritless obstruction due the GOP's abuse of the Senate's "blue slip" policy, by which a senator can unilaterally put a permanent hold on a nominee from his or her state before they even get a hearing.

There are currently 31 judicial nominees on the Senate's calendar, many for long-unfilled vacancies and nearly half for ones that have been declared "judicial emergencies." As vacancies languish, courts can't do their job and in turn, Americans are denied access to justice. If Republican senators ended their obstruction and allowed the 31 pending nominees to go through, that alone would fill a third of the nation's current vacancies.

But based on how Republicans on Capitol Hill are behaving, we shouldn't hold our breath.

Today alone, in addition to wasting the Senate's time and taxpayers' money by forcing the Leadership to hold a cloture vote on Michelle Friedland, instead of just bringing her confirmation straight to an up-or-down vote:

  • Republican senators successfully filibustered the Paycheck Fairness Act, for the third time, despite persistent inequity in pay for women and men doing the same work.
  • And on the House side, Republicans on the House Education and the Workforce Committee blocked Democrats' attempt to bring the Employment Non-Discrimination Act (ENDA) up for consideration.

We’re going to keep fighting to get as many more nominees confirmed as we can this year, before time runs out. But the message we send to Republicans in November is tremendously important as well.

Winning or losing at the ballot box could be the difference between a continued vacancy crisis on federal courts dominated by pro-corporate, conservative ideologue judges or the restoration of balance and justice to our courts with the confirmation of highly qualified judges who understand the promises of the Constitution and how the law impacts the lives of real people.

PFAW

PFAW Praises Senate's Confirmation of 'Remarkable Nominee' Nina Pillard to DC Circuit

Bringing with her an outstanding record of public service, Pillard is one of three nominees to the court whom Republicans had been blocking from yes-or-no votes, leading the Senate to change the rules of the filibuster.

PFAW Statement on Republican Filibuster of Robert Wilkins

WASHINGTON – The Senate today failed to overcome a Republican filibuster of the nomination of Judge Robert Wilkins to the U.S. Court of Appeals for the D.C. Circuit. Only two Republican senators – Susan Collins of Maine and Lisa Murkowski of Alaska – voted for cloture on Wilkins’ nomination.

Republicans are also filibustering President Obama’s two other nominees to the court, Nina Pillard and Patricia Millett.

The Senate unanimously confirmed Wilkins to his current post on the U.S. District Court for the District of Columbia in 2010.

Marge Baker, Executive Vice President of People For the American Way, said:

“Just three years ago, Senate Republicans found Robert Wilkins perfectly qualified to be a federal judge. Now, they’re filibustering his nomination to the D.C. Circuit simply because they don’t want President Obama to be able to fill that court’s vacancies.

“This is the latest example of Republicans in Congress attempting to circumvent laws they don’t like simply by obstructing the workings of government. They shut down the government in an attempt to nullify the health care law. They routinely filibuster nominees to executive agencies and departments that they don’t want to function. And now they’re going after judicial nominees simply because they don’t like the result of last year’s presidential election.

“This is unacceptable. These nominees are not going away. I hope that when they have a chance to vote again on these three nominations, reasonable Republican senators will follow the lead of Sens. Collins and Murkowski and allow yes-or-no votes.”

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DC Circuit Court of Appeals Nominee Nina Pillard: 10 Things You Should Know

As the Senate Judiciary Committee prepares to vote on her nomination, here are 10 things you might not know about Professor Pillard.
PFAW

Flashback: When Republicans Thought It Was Okay For Judicial Nominees to Have Opinions

Republicans on the Senate Judiciary Committee spent yesterday’s confirmation hearing on D.C. Circuit Court of Appeals nominee Nina Pillard harping on two points: first, that they think the D.C. Circuit doesn’t need its three vacancies filled, and second, that they think Pillard’s arguments as an academic mean she would disregard the law as a judge.

As it happens, when George W. Bush was the one nominating federal judges, the very same senators held the exact opposite view on both of these issues.

As People For the American Way has extensively shown, the argument that the D.C. Circuit doesn’t need judges holds no water – in fact, Bush nominees Thomas Griffith and John Roberts (now Chief Justice) were confirmed to the D.C. Circuit when each active judge’s caseload was significantly lower than it is today. 

And Republican attacks on Pillard’s academic writings also directly contradict their previous statements on Bush nominees with academic records. As Pillard noted in her hearing, "Academics are paid to test the boundaries and look at the implications of things. As a judge, I would apply established law of the U.S. Supreme Court and the D.C. Circuit."

Just a few years ago, Republican senators agreed. On the nomination of Tenth Circuit judge Michael McConnell, who took a number of far-right stands as an academic, including disagreeing with a Supreme Court decision declaring that a university ban on interracial dating constituted racial discrimination, Utah Sen. Orrin Hatch said, “The diversity of backgrounds and points of view are often the stitches holding together the fabric of our freedoms.”

“Surely, we can’t vote for or against a nominee on whether they agree with us on any number of a host of moral and religious issues, ” Alabama Sen. Jeff Sessions said of Eleventh Circuit nominee William Pryor, a far-right culture warrior who was outspoken in opposition to gay rights, women’s rights and the separation of church and state.

Then-Sen. Jim Demint defended D.C. Circuit Judge Janice Rogers Brown, one of the most outspoken conservative ideologues on the federal bench today, by saying, “A person with strong beliefs and personal convictions should not be barred from being a judge. In fact, I would rather have an honest liberal serve as a judge than one who has been neutered by fear of public opinion.”

And before the Senate confirmed Arkansas District Court Judge J. Leon Holmes, who used Todd Akin’s line about pregnancy from rape before Todd Akin did, Hatch told concerned colleagues,  “This man is a very religious man who has made it more than clear that he will abide by the law even when he differs with it.”

These Bush nominees held positions that were clearly far out of the mainstream, yet Senate Republicans demanded and got yes-or-no confirmation votes on them, helping Bush to shift the federal judiciary far to the right.

What some Judiciary Committee Republicans objected to at yesterday’s hearings is what they apparently see as Pillard’s excessive support for women’s equality, both as an attorney and an academic. Pillard won the Supreme Court case opening the Virginia Military Institute to women and worked with Bush administration officials to successfully defend the Family and Medical Leave Act.  She has strongly defended reproductive rights and criticized abstinence-only education that sends different messages to boys and girls. It’s this record that  her Republican opponents have distorted beyond recognition.

By any measure, Pillard is well within the mainstream, and has made it very clear that she understands that the role of a judge is to apply existing law regardless of one’s personal views. But while Senate Republicans made plenty of excuses for Bush nominees who were far outside the mainstream, they are accusing Pillard of being just too much of a women's rights supporter to fairly apply the law.

PFAW

Flashback: When Republicans Thought It Was Okay For Judicial Nominees to Have Opinions

Republicans on the Senate Judiciary Committee spent yesterday’s confirmation hearing on D.C. Circuit Court of Appeals nominee Nina Pillard harping on two points: first, that they think the D.C. Circuit doesn’t need its three vacancies filled, and second, that they think Pillard’s arguments as an academic mean she would disregard the law as a judge.

As it happens, when George W. Bush was the one nominating federal judges, the very same senators held the exact opposite view on both of these issues.

As People For the American Way has extensively shown, the argument that the D.C. Circuit doesn’t need judges holds no water – in fact, Bush nominees Thomas Griffith and John Roberts (now Chief Justice) were confirmed to the D.C. Circuit when each active judge’s caseload was significantly lower than it is today. 

And Republican attacks on Pillard’s academic writings also directly contradict their previous statements on Bush nominees with academic records. As Pillard noted in her hearing, "Academics are paid to test the boundaries and look at the implications of things. As a judge, I would apply established law of the U.S. Supreme Court and the D.C. Circuit."

Just a few years ago, Republican senators agreed. On the nomination of Tenth Circuit judge Michael McConnell, who took a number of far-right stands as an academic, including disagreeing with a Supreme Court decision declaring that a university ban on interracial dating constituted racial discrimination, Utah Sen. Orrin Hatch said, “The diversity of backgrounds and points of view are often the stitches holding together the fabric of our freedoms.”

“Surely, we can’t vote for or against a nominee on whether they agree with us on any number of a host of moral and religious issues, ” Alabama Sen. Jeff Sessions said of Eleventh Circuit nominee William Pryor, a far-right culture warrior who was outspoken in opposition to gay rights, women’s rights and the separation of church and state.

Then-Sen. Jim Demint defended D.C. Circuit Judge Janice Rogers Brown, one of the most outspoken conservative ideologues on the federal bench today, by saying, “A person with strong beliefs and personal convictions should not be barred from being a judge. In fact, I would rather have an honest liberal serve as a judge than one who has been neutered by fear of public opinion.”

And before the Senate confirmed Arkansas District Court Judge J. Leon Holmes, who used Todd Akin’s line about pregnancy from rape before Todd Akin did, Hatch told concerned colleagues,  “This man is a very religious man who has made it more than clear that he will abide by the law even when he differs with it.”

These Bush nominees held positions that were clearly far out of the mainstream, yet Senate Republicans demanded and got yes-or-no confirmation votes on them, helping Bush to shift the federal judiciary far to the right.

What some Judiciary Committee Republicans objected to at yesterday’s hearings is what they apparently see as Pillard’s excessive support for women’s equality, both as an attorney and an academic. Pillard won the Supreme Court case opening the Virginia Military Institute to women and worked with Bush administration officials to successfully defend the Family and Medical Leave Act.  She has strongly defended reproductive rights and criticized abstinence-only education that sends different messages to boys and girls. It’s this record that  her Republican opponents have distorted beyond recognition.

By any measure, Pillard is well within the mainstream, and has made it very clear that she understands that the role of a judge is to apply existing law regardless of one’s personal views. But while Senate Republicans made plenty of excuses for Bush nominees who were far outside the mainstream, they are accusing Pillard of being just too much of a women's rights supporter to fairly apply the law.

Sen. Hatch Misleads 'This Week' About His Role in Judicial Filibusters

On ABC News’ “This Week” yesterday, Republican Sen. Orrin Hatch of Utah claimed that he takes the “principled position” of voting against filibusters of judicial nominees:

And matter of fact, I continue to vote against filibusters with regard to judicial nominations because I think it's a principled position. I actually think the president, whoever the president may be ought to have the full choice of who they put on the bench.

And unless there's just some overwhelming reason why somebody should never be on the bench.

But on many pivotal votes to break GOP filibusters of President Obama’s federal judicial nominees, Sen. Hatch hasn’t voted “against” the filibuster. Instead, he’s made a habit of voting “present” or not voting at all. Because a motion to break a filibuster requires 60 affirmative “yes” votes to succeed, not voting or voting “present” in effect supports the continuation of the filibuster.

Hatch voted “present” on efforts to break Republican filibusters of Obama judicial nominees Caitlin Halligan, Goodwin Liu, Jack McConnell and Robert Bacharach. He did not vote at all in cloture votes on nominee Andrew Hurwitz and in the second cloture vote on Halligan.

These votes allow Hatch to say he didn’t support a filibuster, while in fact voting to do just that. And he certainly didn’t take a “principled position” to vote “against” his Republican colleagues’ obstruction.

PFAW

Unprecedented GOP Obstruction Leading to Senate Showdown

Senate Majority Leader Harry Reid today moved to end Republican filibusters of seven of President Obama’s nominees to fill executive branch positions, including nominees for some of the agencies most despised by the GOP:  Richard Cordray to head the Consumer Financial Protection Bureau, Tom Perez for Secretary of Labor, Gina McCarthy to head the EPA and three nominees to the National Labor Relations Board.

The move presents an ultimatum for Senate Republicans: end their senseless obstruction or force Reid to change Senate rules to eliminate nominations filibusters.

In a memo this week, we laid out the statistics behind the GOP’s unprecedented obstruction of President Obama’s executive branch nominees. We found that if Republicans keep on obstructing Obama’s nominees at the current rate, they will have filibustered more executive branch nominees under Obama than under all previous presidents combined.

The Senate has had filibuster showdowns before – most notably in 2005, when a bipartisan group of senators agreed to let several extreme George W. Bush judicial nominees go through, including a number of the judges who now make up the influential D.C. Circuit's extraordinarily right-wing majority.

It was a compromise that left progressives cringing, but let Senate business move forward. But now Senate Republicans are acting like they’ve never heard the word “compromise.” According to Politico, Reid had some strong words on the situation:

In a closed-door caucus meeting Thursday, Reid began by apologizing to his colleagues for cutting bipartisan deals to avert the nuclear option, including at the beginning of this year. And the Nevada Democrat complained that he allowed votes on scores of conservative nominees under former President George W. Bush after a bipartisan coalition headed off the nuclear option in 2005. But Reid said it had been the right thing to do because Bush had won a second term in the White House.

Now, Reid argued, times have changed.

“I ate sh— on some of those nominees,” Reid told his colleagues, according to sources who were present.
 

PFAW
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