Obstruction

GOP Puts Politics Above Governance at First DC Circuit Committee Vote

Committee Republicans recycle their old caseload argument to justify a party-line vote against the first of three DC Circuit nominees.
PFAW

Large and Diverse Group Urges Senators Not to Block DC Circuit Votes

Nearly 100 organizations send a letter calling for senators to allow votes on all three DC Circuit nominees.
PFAW

Grassley's Own DC Circuit Numbers Fail Him

Even under Sen. Grassley's definition of caseload, his argument against filling DC Circuit vacancies falls apart.
PFAW

New Data Shows DC Circuit Caseload Continues to Rise

New statistics poke another hole in the GOP's assertion that the DC Circuit's three vacancies should remain unfilled.
PFAW

Grassley Cites Anonymous Comments to Justify Rigging DC Circuit

The Judiciary Committee's senior Republican embarrasses himself and degrades the Senate with his latest stunt.
PFAW

PFAW Calls Senate Deal 'A Big Win for Americans'

In response to media reports on an agreement worked out by Majority Leader Harry Reid and a portion of the Republican caucus, People For the American Way Vice President Marge Baker issued the following statement.

“Today’s agreement is a big win for Americans who want a government that works. Thanks to this agreement, critical positions in our government will finally be filled with appointees confirmed by the full senate. Senator Reid should be applauded for holding Republicans’ feet to the fire and standing up to the relentless GOP obstruction that has tied our government into knots.

“While I’m glad that some Republicans recognize that their party’s efforts to exploit partisan gridlock have gone too far, there’s no question that too many nominees have had to wait far too long for a simple up or down vote. It’s good news that Republicans have decided to end their years long temper tantrum on these nominees, but it’s only a first step.

“Currently, three of President Obama’s nominees to the DC Circuit are pending before the Senate Judiciary Committee. And although some Republicans have already signaled that all three deserve up or down votes, others are laying the groundwork to block votes not because they oppose the nominees themselves, but because they oppose the President who named them.

“In the coming months, we’ll continue to push for Senate votes on nominees and against Republican senators playing politics with our courts.”


###
 

Longer and Longer Waits for District Court Nominees

Because of a deliberately created backlog, district court nominees have waited longer and longer for a confirmation vote during the 113th Congress.
PFAW

1000-Day Judicial Vacancy in Georgia

Georgia's senators are keeping President Obama's 11th Circuit Court nominee from even having a committee hearing.
PFAW

McConnell Bobs and Weaves on Judicial Nominations

McConnell tries & fails to justify filibuster of DC Circuit nominee Srinivasan, and throws a GOP-supported 10th Circuit nominee under the bus in the process.
PFAW

The Wall St. Journal's Bizarre Attack on Potential DC Circuit Nominations

The Journal calls Obama a "king" for planning to make nominations to fill D.C. Circuit judgeships as Congress has mandated.
PFAW

GOP Obstruction of Judicial Nominees Continues

Republicans have yet to allow votes on all the judicial nominees who were left pending on the floor at the end of the previous Congress.
PFAW

The Filibuster ‘False Equivalence’

Journalist Andrew Cohen, writing for the Brennan Center for Justice, explains how attempts to portray today’s Republican filibusters as routine “tit-for-tat” maneuvers are misleading:

By trying not to be partisan, at least in this area of political coverage, we journalists are in many ways becoming more partisan than we fear. James Fallows, the author and longtime correspondent at The Atlantic, has been preaching for years now about “false equivalence” in reporting about the Senate’s current gridlock. He has called out reporters and editors, producers and television hosts, headline writers and analysts, for their continuing failure to call it like it really is when it comes to these Senate votes. For example, on Wednesday, in the wake of the background check vote, which “passed” the Senate by a vote of 54-46 but effectively “failed” because of the threat of a filibuster, Fallows again explained the concept. He wrote:

Since the Democrats regained majority control of the Senate six years ago, the Republicans under Mitch McConnell have applied filibuster threats (under a variety of names) at a frequency not seen before in American history. Filibusters used to be exceptional. Now they are used as blocking tactics for nearly any significant legislation or nomination. The goal of this strategy, which maximizes minority blocking power in a way not foreseen in the Constitution, has been to make the 60-vote requirement seem routine. As part of the "making it routine" strategy, the minority keeps repeating that it takes 60 votes to "pass" a bill — and this Orwellian language-redefinition comes one step closer to fulfillment each time the press presents 60 votes as the norm for passing a law.

News consumers, in other words, are led to believe that what is happening is just “politics as usual,” tit-for-tat, part of the murky vote-counting calculus that has always been a part of the Senate’s rules. But there is now ample evidence to suggest that this tactic has fundamentally changed the way Congress works. In 2009 alone, the Brennan Center’s Diana Kasdan told me last week, “there was double the number of filibusters that occurred in the entire 20-year period from 1950-1969, when they were used repeatedly and notoriously to block civil rights legislation.”  In other words, today’s abuse of the filibuster is extraordinary. Yet Fallows gives many examples — actual headlines, probably hundreds of them over the years — in which journalists have refused or failed to properly communicate this to their audience. Without adequate context and perspective about what is happening in the Senate, the American people are hampered in how quickly they can force their elected officials to change (or, more accurately, to change their elected officials).

In fact, as we have reported here, today’s GOP has taken Senate obstruction to an extraordinary new level.

PFAW

Fact Sheet: GOP Obstruction and the D.C. Circuit

Today, the Senate Judiciary Committee holds a hearing on the nomination of Sri Srinivasan to sit on the Court of Appeals for the D.C. Circuit. Srinivasan, who was first nominated ten months ago yet is just now receiving a hearing, is the latest Obama judicial nominee caught in the web of Senate obstruction.  Last month, Republicans blocked the nomination of Caitlin Halligan to a seat on the same court,  despite her impeccable qualifications and strong bipartisan backing. Some important facts to keep in mind during and after today’s hearing:

  • President Obama is the first president since Woodrow Wilson to serve a full first term without putting a single judge on the D.C. Circuit. There are currently four vacancies on the 11-member D.C. Circuit, and three of the remaining judges are eligible for retirement or senior status, meaning we could soon see as many as seven vacancies on this 11-member court. Senate Republicans have prevented President Obama from filling a single one, although he first nominated Srinivasan ten months ago and Halligan in 2010.

  • The D.C. Circuit, which has the final word on reams of executive actions, congressional enactments, and federal regulations each year, is currently dominated by far-right George W. Bush nominees. President Bush succeeded in shifting the courts – and especially the D.C. Circuit -- far to the right during his presidency. His D.C. Circuit nominees have systematically rolled back protections for workers and consumers. A mainstream Obama nominee would provide some much-needed balance to this influential court.
  • Our federal courts are suffering because of entrenched Republican obstruction. Because of both public and silent Republican filibusters, President Obama’s appeals court nominees have been forced to wait an average of 153 days between Judiciary Committee approval and a yes-or-no vote from the Senate. At this point in Bush’s presidency, the average wait for confirmed appeals court nominees was just 37 days. The foot-dragging is unrelated to who the nominee is – even consensus nominees with the strong support of their Republican home-state senators have been forced to wait for months through active or silent filibusters before the Senate is finally allowed to hold a confirmation vote. This pointless obstruction, which is echoed at the district court level, has led to persistently high vacancy rates and longer waits for Americans seeking their day in court.


###
 

 

 

Senate Confirms New Jersey’s Patty Shwartz After Year-Long Delay

WASHINGTON – The Senate confirmed Judge Patty Shwartz of New Jersey to the Third Circuit Court of Appeals in a 64 to 34 vote today, over one year after her nomination was sent to the Senate floor for a vote. Marge Baker, Executive Vice President of People For the American Way, released the following statement:

“The absurd delay of Patty Shwartz’s confirmation is emblematic of a Republican Party determined to obstruct the American people’s business at all costs. Judge Shwartz is indisputably qualified and supported by New Jersey’s legal leaders and elected officials from both parties, including Gov. Christie and both of the state’s U.S. senators. The only thing stopping the Senate from voting on her nomination was a 13-month Republican silent filibuster supported by flimsy excuses.

“The delay in confirming Judge Shwartz is sadly not unusual. President Obama’s confirmed circuit court nominees have been forced to wait an average of 153 days from Judiciary Committee approval to floor vote. By contrast, George W. Bush’s circuit court nominees at this point in his presidency waited an average of just 37 days. This deliberate slow-walking of nominees is obstructing Senate business, exacerbating a vacancy crisis in our federal courts, and deterring highly qualified individuals from putting themselves forward to serve on the federal bench. 

“This summer, two more Third Circuit judgeships will become vacant. We hope that Senate Republicans will allow these vacancies to be filled in a timely manner.”

###

Courts Without Judges, Per the GOP Plan

The NY Times explains how Republican obstructionism is the main cause of the judicial vacancy crisis, which is undermining our system of justice.
PFAW

Using the Courts to Derail Reform

Powerful financial entities are turning to conservative judges to undermine the Dodd-Frank financial reform law.
PFAW

Obama Talks to Senators About Broken Judicial Confirmation Process

Republicans ended their year-long blockade of an unopposed circuit court nominee after unjustly torpedoing another with a filibuster.
PFAW

Obama Condemns Filibuster of His DC Circuit Court Nominee

President Obama specifically cites the obstruction of the three remaining Republican members of the "Gang of 14."
PFAW

PFAW: Filibuster of Caitlin Halligan 'Destructive' and 'Politically-Motivated'

WASHINGTON – An effort to end the Republican filibuster of DC Circuit Court of Appeals nominee Caitlin Halligan fell short in a 51-41 vote in the Senate today.

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

“Senate Republicans have once again decided to put their own partisan interests above the will of American voters and the health of our system of justice. Caitlin Halligan is an exceptionally qualified, widely respected and unquestionably mainstream nominee. But a minority of U.S. senators, egged on by conservative activists and a party leadership with their own narrow agendas, have cherry-picked and misrepresented her record in order to keep her off the federal bench.

“Let’s call the filibuster of Halligan what it is: a politically-motivated attempt to keep President Obama’s nominee off the second highest court in the country. Four years into Obama’s presidency, more than one-third of the DC Circuit’s seats are vacant and the president has yet to have a single nominee confirmed to the court. In the meantime, the court continues to be dominated by far-right Republican-appointed judges who have pushed an extreme right-wing agenda on issues including environmental protection, workers’ rights and public health. This is not a coincidence.

“The American people have twice elected President Obama, yet a minority of U.S. senators continues to place a stranglehold on his judicial nominees. This has not only damaged our federal courts, which are facing an ongoing vacancy crisis, but has hurt the credibility of the U.S. Senate. Americans deserve better than this destructive, politically-motivated gridlock.”

###

Share this page: Facebook Twitter Digg SU Digg Delicious