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.”
In an op-ed printed in the Portland Press Herald this weekend, retired congressman Barney Frank offers a sharp critique of the far right Supreme Court under John Roberts. Explicitly noting the importance of the Court in defining law that affects all citizens, Frank makes clear not only that courts matter, but everyday citizens have a hand in how these courts are shaped.
Reviewing the impact of recent Supreme Court decisions — from overturning “more than 100 years of federal and state efforts to regulate the role of money in campaigns” to declaring that corporations have the right to religious freedom under RFRA—Frank states that “the court has ended this term with a barrage against laws it does not like” (emphasis added).
…The Supreme Court is now strongly inclined to impose conservative ideology via Constitutional interpretation on a broad range of public policy. It is true that Kennedy and to some extent Roberts occasionally deviate from this, but Justice Samuel Alito has surpassed even Justices Antonin Scalia and Clarence Thomas in his ideological purity.
The relevance of this to the next two elections is very clear. Four of the sitting justices are in their late 70s or older. This means that there is a strong possibility that President Obama will have a chance to appoint another justice before his term expires, but his ability to do so will be determined not simply by the health of the justices in question, but by the composition of the U.S. Senate. The increasing partisanship in the Senate, the continued virulent influence of the tea party and recent history strongly suggest that even if a vacancy occurs, Obama will be prevented from filling it (emphasis added).
Frank refers to the unceasing Republican obstructionism and argues courts are critical for defining laws that affect Americans on a daily basis, highlighting the importance of this year’s midterm elections. As he concludes in this piece,
This makes it highly likely that among the issues that will be determined in the next senatorial and presidential election will be the ideological makeup of the Supreme Court. Voters should act accordingly.
The Senate today voted to approve the nomination of David Barron to First Circuit Court of Appeals by a vote of 53 to 45.
Marge Baker, Executive Vice President at People For the American Way issued the following statement:
“The Senate should be applauded today not just for confirming a well-qualified nominee, but for taking another important step towards addressing the persistent issue of vacancies on our nation’s circuit courts. For years, Republicans have blocked, delayed, and obstructed the confirmation of judges to our circuit courts at every opportunity. In recent months, Majority Leader Reid and the Democratic Caucus have been making real strides in processing the backlog of nominees.
“We need to continue to push hard to make sure Americans find fair-minded judges waiting for them when they turn to the federal courts to protect their rights.”
After a two week recess, the Senate has made significant progress in judicial confirmations on its first week back. This is not due to a drop in Republican obstruction, but instead to Majority Leader Harry Reid’s determination to overcome that obstruction. Only one week during President Obama’s administration has seen more judicial confirmations. Since Monday, over GOP filibuster efforts, the Senate has confirmed eight district court nominees and one circuit court nominee, while breaking the filibuster of a second circuit court nominee. Nancy L. Moritz’s nomination to the Tenth Circuit is scheduled for Monday, May 5.
Clearing so many of President Obama’s judicial nominations is a nearly unprecedented occurrence for a Senate that has been bogged down by Republican obstruction every step of the way. People For the American Way’s Executive Vice President Marge Baker released the following statement:
“This was a good week for our justice system, with nine judges confirmed to the bench. Americans saw critical advancement in confirming the circuit court nominees who have been denied a vote for months. A Ninth Circuit judge was confirmed, and the filibuster of a Tenth Circuit judge was broken. We applaud the Senate for moving forward on these confirmations, which are crucial for our justice system to run efficiently and serve everyday Americans. It is heartening to see the Senate taking this important step to strengthen our judiciary.
“Senator Reid’s efforts to prioritize this issue and clear President Obama’s judicial nominations are making an impact. Despite Senate Republicans blocking nominees and delaying votes from the beginning, Senator Reid has pushed to move these nominations forward and this week, we’ve seen that work pay off.
“We hope to continue to see the Senate working for the benefit of American citizens by giving them the fully functioning courts they deserve.”
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.
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:
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.
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.
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
President Obama yesterday named two nominees for the Court of Appeals for the DC Circuit, Caitlin Halligan and Sri Srinivasan. People For the American Way President Michael B. Keegan issued the following statement:
“We applaud President Obama for renominating Catilin Halligan to the D.C. Circuit, the nation's second highest court. Halligan has unimpeachable qualifications and is clearly qualified for a lifetime seat on this court. In the midst of a pervasive vacancy crisis on the federal bench, it is galling that Halligan’s confirmation was blocked by the relentless partisanship of Senate Republicans last year. She would bring an impressive resume to the court, and her nomination should be taken up and approved by the Judiciary Committee, which is already well acquainted with her record, as soon as possible.
“Sri Srinivasan was also nominated by President Obama. While we are glad to have a nominee for this important circuit, we have questions, based on Srinivasan’s record, about the extent of his commitment to civil liberties, legal protections for workers and the rights of individual Americans. An expeditious hearing by the Judiciary Committee is the best way for senators – and the American people – to learn more about the nominee and we urge the prompt scheduling of those hearings to consider his positions.
“There is also a third vacancy on this extremely important court and we urge the president to act expeditiously to nominate an individual for this seat with the credentials, professional background and demonstrated record of commitment to ensuring that the rights and interests of all Americans are adequately protected.”
Yesterday, PFAW’s Marge Baker joined a distinguished panel of legal scholars, federal judges and officials representing members of congress and the White House at the Cleveland-Marshall College of Law in Cleveland, OH to discuss possible solutions to the unprecedented vacancy crisis in the federal courts. Republican obstruction in the Senate has severely impaired the important work of the federal judiciary, with serious consequences for the American people. Fortunately, the White House has signaled a renewed focus on ending the stalemate and restoring the court system’s ability to swiftly serve those who seek justice in a court of law.
• Marge Baker, Executive Vice President for Policy & Program, PFAW
• Hon. James S. Gwin, U.S. District Court, Northern District of Ohio
• Christopher Kang, Senior Counsel to the President, Office of White House Counsel
• Jeremy Paris, Chief Counsel for Nominations and oversight, Chairman Patrick Leahy, Senate Judiciary Committee
• Michael Zubrensky, Deputy Assistant Attorney General, Office of Legal Policy, U.S. Department of Justice
• Jonathan Adler, Johan Verheij Memorial Professor of Law and Director, Center for Business Law & Regulation, Case Western Reserve University School of Law
The panel was sponsored by The Cleveland –Marshall College of Law, National Coalition of Jewish Women, Ohio Coalition of Constitutional Values, Alliance for Justice, American Constitution Society for Law and Policy and People For the American Way.
Today, representatives from People For the American Way joined with advocacy groups and concerned citizens from across the country to meet with Obama administration officials about ending the vacancy crisis in America’s federal courts.
Groups concerned about the judicial vacancy crisis issued a joint statement, which can be found here.
The White House meeting brings together 150 advocates from 27 states to discuss the vacancy crisis that is plaguing America’s federal courts. One in ten federal court seats is currently or will soon be vacant, yet Republican obstruction has caused unprecedented delays for nominees to fill those seats.
“It’s encouraging that the Obama administration is so clearly placing a priority on ending the vacancy crisis in the federal courts,” said Marge Baker of People For the American Way. “The president and Congress have a duty to work together to ensure that all Americans have access to fair and effective courts. Unfortunately, Senate Republicans have too often been shirking that duty as they seek to slow even the most basic business of Congress.
“Gridlock in Washington has resulted in gridlock in the federal courts and inexcusable delays for Americans seeking justice. Today, the voices of people who are hurt by this gridlock will be heard loud and clear in Washington.”
People For the American Way released an infographic today detailing the impact of Republican obstruction of judicial nominees:
(Click image for a larger pdf version of the infographic.)
On Monday, Senate Majority Leader Harry Reid filed cloture petitions to end GOP filibusters of 17 district court nominees, an extraordinary move brought on by unprecedented Republican obstruction. The Senate GOP started immediately to try to spin the story to try to cover for the gridlock they had created. Here are the five main Republican talking points on the judicial obstruction showdown and the facts that rebut them:
GOP Talking Point #1: Senate Democrats have invented this conflict to make Republicans look bad. This is a little skirmish about timing that’s been blown out of proportion.
Sen. McConnell: “Rather than try to manufacture gridlock and create the illusion of conflict where none exists, why don’t we demonstrate we can kind of get something done together?”
Sen. Alexander: "This is a little disagreement that we have here between the Majority leader and the Republican leader on the scheduling of votes on district judges. It's not a high constitutional matter. It's not even a high principle. It's not even a big disagreement.”
GOP Talking Point #2: The GOP’s obstruction is a direct response to President Obama’s recess appointments.
Sen. Lee: "After the president made four unconstitutional appointments, we could no longer sustain the same level of cooperation.”
GOP Talking Point #3: Some of the filibustered nominees haven’t been on the calendar all that long, what’s the hurry?
Sen. Alexander: “We have 17 district court judgeships that have been recommended by the Judiciary committee. They could be brought up by the majority leader. He has the right to do that but of those 17, six of them - six of them - have been here for less than 30 days. They just got here.”
GOP Talking Point #4: Senate Republicans are floating plans to vote “present” on the 17 cloture petitions, thus continuing to stall the nominees while not being tagged with a “no” vote.
Sen. Cornyn: “Sen. John Cornyn (R-Texas) told POLITICO he thinks Republicans will vote ‘no’ or ‘present’ on the cloture votes on judges and won't allow Democrats to ‘jam’ them.”
GOP Talking Point #5: The Senate has more important issues to focus on.
Sen. McConnell: “It could be that is precisely what my friend the Majority leader has in mind, to try to make the Senate look like it's embroiled in controversy where no controversy exists. So my suggestion is, why don't we do first things first.”
Press Contact: Miranda Blue, (202) 497-4999, firstname.lastname@example.org