Marco Rubio Fails Florida, Doesn't Help Florida Judicial Nominees

Rubio lets his party delay the filling of four emergency judicial vacancies with consensus nominees who he recommended.

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.


Will Marco Rubio Let His Colleagues Delay Four Florida Judicial Nominees?

With a dire need to fill emergency vacancies in Florida, will Rubio ask the GOP not to delay a committee vote on four Florida judicial nominees?

Senate Should Quickly Confirm Circuit Nominees, Like in 2006 Midterm Year

Circuit court nominees who had not even been nominated at this point in 2006 were nevertheless quickly confirmed before the midterm elections.

Will Texas Senators Help Delay 5th Circuit Judicial Nominee Gregg Costa?

Cornyn & Cruz should urge their GOP colleagues not to block a committee vote on a consensus nominee to fill a 5th Circuit judicial emergency.

Flake and McCain's Next Steps for AZ Nominees

Will Arizona's senators try to convince their GOP colleagues to eliminate the bottleneck of stalled nominees who are ahead of six Arizona nominees?

Grassley Says Every Senator Has Right to Vote on Nominees He Filibustered

After trying to block the Senate from holding confirmation votes, Grassley says each senator had a right to a recorded vote on those nominees.

Reid Calls Out Republicans on Obstruction of Judicial Nominees

On Tuesday, Senate Majority Leader Harry Reid (D-Nev.) responded to Sen. Chuck Grassley’s (R-Iowa) absurd claim that this Congress has done well in confirming judicial nominees. In fact, Republicans have not consented to even one judicial confirmation vote since November. The few votes that have been held since then have been over GOP filibusters. Unfortunately, Senate rules allow them to demand hours of needless “post cloture debate” after every cloture vote, so it could take weeks and weeks of Senate floor time to get through all the nominees waiting for a simple yes-or-no vote.

Reid was quick to voice that the confirmation process has been unnecessarily delayed by GOP obstruction:

Everyone knows that we are in this situation because of Republicans slow-walking every nomination—every nomination. There is no reason, no reason whatsoever that we are having votes on cloture on these judges.

“It is a waste of the taxpayers’ time to go through the process we’ve been going through.

Reid, aware of the prolonged time they will spend clearing the backlog due to these procedural delays, promised that they will get through filing cloture on all of the nominees.

If that’s what the Republicans want us to do, then that’s what we’ll do. The American people will see this colossal waste of time that we’ve been going through.


Will McCain and Flake Let GOP Obstruct AZ Nominees?

Flake and McCain should not let their GOP colleagues needlessly delay a committee vote on nominees to fill six judicial emergencies in Arizona.

Burr's Blue Slip Abuse Continues

North Carolina's Sen. Richard Burr still won't say why he is blocking Jennifer May-Parker's judicial nomination.

GOP Blockade of Unopposed Ark. Judicial Nominees Disrupts Local Election

Chuck Grassley tries and fails to justify his party's obstruction, which is complicating an Arkansas state judicial election.

While the GOP Fiddles, Judicial Emergencies Mount

A second emergency has been declared in Michigan, where four qualified nominees should have been confirmed last year.

GOP-Created Nominees Bottleneck Grows

GOP refusal to allow any confirmation votes may force the Senate to devote weeks in needless "post-cloture debate."

Wisconsin Marriage Equality Lawsuit and the Judicial Vacancy Crisis

In the Western District of Wisconsin, one of the two active federal judgeships has been vacant for five years.

The Wrong Way to Address the Backlog of Pending Nominations

Blocking committee votes is hardly the most cooperative way to prevent a buildup of nominees waiting for a floor vote.

The Senate Could Immediately Reduce the Vacancy Rate by a Third

The Senate could confirm 29 fully vetted judicial nominees this week, if only Republicans would allow it.

Sen. Burr Invents New Rule to Hide Obstruction of NC Judicial Nominee

Burr's current refusal to publicly comment on a pending judicial nominee stands in contrast to his practice for previous nominees.
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