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.
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.
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.
After President Obama was elected, the right-wing Judicial Confirmation Network changed its name to the Judicial Crisis Network and altered its mission from “working to ensure a fair appointment process of highly qualified judges and justices” to blocking anyone Obama appoints to the bench.
The group’s name and mission statement aren’t the only things to have changed under a Democratic president. JCN’s chief counsel Carrie Severino appeared last week on Sandy Rios In The Morning to decry the Senate’s recent move to modify the filibuster to allow a simple majority to end debate on most nominees – a rules change that the JCN once said it supported “regardless of what party’s in power.”
“The 60 vote majority is there because we need to have both parties working together,” Severino said. “You don’t want to do things by a bare majority vote all the time, and it is actually a benefit to get something that has a larger consensus. I don’t know if Thomas Jefferson initiated it but I wouldn’t be surprised because those kinds of consensuses things that our founders thought were important.”
Seeking a 'consensus' candidate is not the right thing to do. It is not what the Constitution contemplates, in our system built on the consent of the governed. Majorities didn't elect George W. Bush and 55 Republican Senators to do that. For the President to choose a Justice on this basis would retroactively disenfranchise the voters in these elections. The people elected the President so that he would exercise his own judgment according to the criteria he stated in two elections. By definition, those will never be 'consensus' nominees. Justices Ginsburg and Breyer were not 'consensus' nominees, nor should any Republican nominees be — particularly when Republicans control the Senate, for heaven's sake.
But the real issue with Severino’s claim is that Senate Republicans didn’t block Obama’s three picks for the DC Circuit Court because they weren’t “consensus” candidates. Rather, GOP leaders explicitly said they would oppose any person President Obama nominated to the court — a position that they took before even knowing who the nominees would be.
Plus, Republicans’ unprecedented obstructionism — cheered on by the JCN — makes it hard to believe that they were merely hoping for “both parties to work together” to find a “consensus” as Severino maintains.
In their press conference following yesterday’s vote to change the Senate rules on filibusters, Democratic senators used a chart provided by PFAW to outline the extremity and unprecedented nature of the GOP’s obstruction of President Obama’s nominees.
Photos by J. Scott Applewhite/Associated Press via The Washington Post