Obstruction

Hurwitz Finally Confirmed By Voice Vote

Senate Republicans agree to a voice vote to confirm a nominee who they claimed was not qualified to be a federal judge.
PFAW

Another Day, Another Filibuster

The just-defeated filibuster of Justice Andrew Hurwitz to the Ninth Circuit Court of Appeals was unwarranted.
PFAW

Vitter Single-Handedly Deprives Louisianans of Their Day in Court

Sen. David Vitter's single-handed partisan obstruction of a qualified judicial nominee is a far cry from the principles he claimed when a Republican was president.
PFAW

For Judicial Nominees, The Hidden Obstruction Continues

Ongoing Republican abuse of committee procedures is keeping our nation's courtrooms empty.
PFAW

PFAW Celebrates Confirmation of Paul Watford to Ninth Circuit

 The Senate today confirmed the nomination of Paul J. Watford to sit on the Ninth Circuit Court of Appeals. Watford, who has a stellar resume as a Supreme Court clerk, prosecutor and appellate litigator will fill one of three emergency vacancies on the Ninth Circuit, the busiest circuit in the country. He will become just the fourth African American ever to serve on the Ninth Circuit.

Despite Watford’s qualifications and the urgency of filling the vacancy, Senate Republicans stalled his nomination for over three months after he was approved by the judiciary committee. Sen. Reid was forced to file cloture to break the months-long filibuster of Watford’s nomination. Faced with widespread support for the nomination, including from their own constituents, Republicans dropped their planned filibuster this afternoon and at last allowed a straight yes-or-no vote. Watford was confirmed in a 61 to 34 vote.

“Paul Watford is a stellar choice for the Ninth Circuit,” said Marge Baker of People For the American Way. “He promises to be an intellectual leader on the court and a fair and thoughtful jurist. He also makes history as only the fourth African American judge ever elevated to the Ninth Circuit, and one of only two African Americans currently sitting on the 29-member court.

“It is shameful that Senate Republicans filibustered for so long such a highly qualified nominee to fill an emergency vacancy. Sen. Reid is to be commended for forcing a vote. Again and again, the Senate GOP has used political gridlock to interfere with the proper functioning of America’s courts. The result has been an unprecedented vacancy crisis and unacceptable delays for individuals and businesses seeking their day in court. The American courts deserve better than this unprincipled, unrelenting gridlock.”

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White House Condemns Obstruction of Judicial Nominations

Jay Carney discusses the unprecedented obstruction of qualified judicial nominees at the daily White House press briefing.
PFAW

PFAW Memo: Debunking the GOP’s Disinformation Campaign on Judicial Obstruction

To: Interested Parties
From: Marge Baker, People For the American Way
Date: May 9, 2012
Subject: Debunking the GOP’s Disinformation Campaign on Judicial Obstruction

On Monday, 150 Americans from 27 states met in the White House with senior Administration officials and spent the day lobbying their senators to end the obstruction of qualified judicial nominees. For those Republican senators who may have thought the obstruction that is keeping our court system from functioning properly had gone unnoticed, it must have been an unpleasant surprise to learn their constituents are paying attention.

In response, Senate Republicans are throwing out a lot of irrelevant numbers and misleading comparisons in a desperate attempt to fog the issue, but they are plainly unable to rebut the clear fact that their constituents have noticed: that Republicans are needlessly obstructing judicial nominations.

For instance, because President Bush’s confirmed nominees at this point in his term were processed so much more quickly and fairly than have President Obama’s, the Republican Policy Committee concocts an excuse to ignore that inconvenient truth. They say we should be comparing President Obama’s first term to President Bush’s second term, because both saw two Supreme Court nominations that took up a lot of committee and Senate resources.

That lets them point out that President Obama has had more lower court confirmations in his first term than President Bush did in his second. But there is a reason Bush had fewer judges confirmed in his second term: There were fewer vacancies. When Bush entered office, there were 80 vacancies in the federal courts, a number he cut down to 37 by the end of his first term. In contrast, because of Republican obstruction, the number of vacancies began to climb sharply when President Obama became the person making the nominations, and it has remained at crisis levels his entire time in office.

In addition, although Sonia Sotomayor and Elena Kagan were confirmed in 2009 and 2010, the slow-walking of lower court nominations continued in ensuing years. In the 112th Congress, which began five months after Kagan’s confirmation, nominees have been held up on the floor more than three months on average, even if they are unopposed.

Republicans also blame President Obama for not making enough nominations. But the political reality is that the president needs the approval of home state senators if a nomination is to even get a committee hearing. And contrary to the practice of President Bush, the current White House actually consults home state senators in an effort to find consensus nominees. If GOP senators won’t work with the president to identify candidates who they can all agree on, the president is not the one to blame.

In any event, finding a nominee for every vacancy would not solve the bottleneck that Republicans have created at the end of the confirmation process. There are currently 19 nominees on the Senate calendar awaiting votes who could be confirmed today if the Republican leadership gave their consent.

But perhaps the most disingenuous talking point comes from Sen. Chuck Grassley, ranking Republican on the Judiciary Committee. In yesterday’s floor debate on the confirmation of Kristine Baker to a district court in Arkansas – whose nomination has been pending on the floor since February – he says a Bush nominee to the same district was treated far worse:

I would note that President Bush’s nominee, J. Leon Holmes, sat on the executive calendar for more than 14 months awaiting confirmation. From nomination, his confirmation took over 17 months. Again, why was President Bush’s nominee treated worse than this President’s nominee?

Sen. Grassley isn’t comparing apples and oranges – he’s comparing apples and skyscrapers. Holmes was so controversial that even the Republican-controlled Judiciary Committee did not approve of his nomination. In a rare step reflecting serious concerns about the merits of the nomination, a sharply divided committee voted 10-9 to forward it to the floor without a formal endorsement. After that, it was the Republicans who then controlled the Senate who delayed the confirmation vote for more than a year, fearing the Senate would reject Holmes. When he was finally confirmed in 2004, it was by a 51-46 vote.

So Republicans delayed a vote on Holmes because he was extremely divisive and lacked support in the Senate. In contrast, Kristine Baker – who cleared committee with a 17-1 vote and was confirmed by a bipartisan voice vote – was delayed by Republicans because of the Sotomayor and Kagan confirmations?

Republicans cannot deny that they are making President Obama’s judicial nominations wait more than 4 times longer for votes than was the case at this point in the Bush presidency, even though most of them are consensus nominees with strong bipartisan support. Their efforts to distract the American people from that stark fact resemble the Wizard of Oz trying to get Dorothy to “pay no attention to that man behind the curtain.”

Ultimately, though, this isn’t about statistics. It’s about people. It’s about the people who count on having their day in court, only to learn first-hand that justice delayed is justice denied. It’s the victims of predatory lending practices, consumer fraud, environmental destruction, and civil rights violations. It’s the business owners who can’t get relief from anti-competitive activities, can’t complete their mergers, and can’t enforce their contracts. This is about Americans across the nation who deserve a justice system that works.

Press contact: Miranda Blue, media@pfaw.org, (202) 467-4999

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President Obama Committed to Continued Push on Judicial Nominations

Capping off an extremely important day of discussions with senior White House officials and Capitol Hill offices about ending the unprecedented Republican obstruction that is contributing to our severe federal judicial vacancy crisis, several state and national advocates had the opportunity to meet with President Obama about the urgency of addressing this crisis.

PFAW President Michael Keegan and I joined several representatives from among the 150 advocates from 27 states who participated in the Summit, in a meeting in the West Wing of the White House, where we heard the President reaffirm his commitment to press for the confirmation of judicial nominees who are ready for a vote in the full Senate or being considered by the Senate Judiciary Committee – and his commitment to continue vetting and making nominations through the balance of this year in an effort to fill the remainder of the vacancies.

We celebrated the Administration’s extraordinary success so far in diversifying the federal bench, while agreeing that there was even more to be done. Advocates talked about the millions of Americans who are denied meaningful access to the courts because there simply are not enough judges on the bench. And we heard the President affirm the importance of pressing obstructionists in the Senate to end the unprecedented dysfunction that is impeding individual Americans’ access to justice.

For me this was a sobering day as we focused on the urgency of filling our federal bench with quality judges who will keep faith with the Constitution -- and inspiring to see the allies we have in states around the country, on Capitol Hill, and in the White House to get the job done.
 

PFAW

Senators Hear from Americans Concerned about the Courts

Senators saw the grass roots energy behind Americans’ commitment to our nation’s system of justice.
PFAW

Judicial Obstruction By the Numbers

Today, a few representatives from People For the American Way joined 150 Americans from 27 states at a White House summit to discuss the state of vacancies in the federal courts.

We’ll write more about the summit in later posts, but first, a summary of the problem. PFAW’s graphic designer, Nicole, put together this infographic showing how unprecedented obstruction of judicial nominees has created an unprecedented vacancy crisis in the federal courts, and slowed down President Obama’s effort to bring qualified, diverse judges to the federal bench:

(Click image for larger pdf version of the infographic.)

PFAW

Judicial Emergencies Skyrocket

We won't solve the nation's judicial vacancy crisis unless Republicans stop slow-walking qualified nominees.
PFAW

Barely Treading Water on Judicial Nominations

The confirmation rate is too low to put a serious dent in the vacancy crisis.
PFAW
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