Fair and Just Courts

Iowa GOP Senate Candidates Vow To Block Judges Who Won't Follow 'Biblical' Law

The Iowa-based Religious Right group The Family Leader held a forum for Republican US Senate candidates on Friday, at which the group’s view that “God instituted government” figured heavily. In fact, nearly every candidate at the debate vowed that if they were to be elected to the Senate they would block federal judicial nominees who do not follow what they perceive as “natural law” or a “biblical view of justice.”

Bob Vander Plaats, head of The Family Leader, opened the forum by declaring, “At The Family Leader, we believe God has three institutions: It would be the church, the family, and government.”

He warned that policies such as legal abortion and marriage equality would cause God to cease blessing the country. “As we have a culture that runs further and further from God’s principles, His precepts, from God’s heart, it’s only natural consequences that we’re going to suffer,” he said.

“You cannot run away from the heart of God and expect God to bless the country," he concluded.

Several of the candidates echoed this theme during the forum. When moderator Erick Erickson, the right-wing pundit, asked the candidates what criteria they would look for in confirming federal judges, three out of four said they would demand faith in God or adherence to “natural law.”

Sam Clovis, a college professor and retired Air Force colonel, answered that he has  “a very firm litmus test” on judges: “Can that judge…explain to me natural law and natural rights?”

Joni Ernst, who is currently a state senator, agreed, adding that federal judges should understand that the Constitution and all of our laws “did come from God” and that senators should “make sure that any decisions that they have made in the past are decisions that fit within that criteria.”

Former federal prosecutor Matt Whitaker argued that neither Clovis’ nor Ernst’s answer had gone “far enough.” He said that he would demand that federal judicial nominees be “people of faith” and “have a biblical view of justice.”

“As long as they have that worldview, then they’ll be a good judge,” he said. “And if they have a secular worldview, where this is all we have here on earth, then I’m going to be very concerned about how they judge.”

This all must have been very pleasing to Vander Plaats, who in 2010 orchestrated the ousting of Iowa Supreme Court justices who had ruled in favor of marriage equality, and who has repeatedly insisted that marriage equality is unconstitutional because it "goes against" the Bible and the "law of nature."

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?
PFAW

Sotomayor's Schuette Dissent

Justice Sotomayor analyzes a state constitutional ban on affirmative action through the lens of history and the reality of race in America.
PFAW Foundation

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.
PFAW

Edit Memo: Judicial Confirmations Under Bush and Obama — By the Numbers

To: Interested Parties
From: Marge Baker, Executive Vice President, People For the American Way
Date: April 11, 2014
Re: Judicial Confirmations Under Bush and Obama — By the Numbers

In recent days, Republicans have made much over the fact that President Obama has had more judicial nominees confirmed than George W. Bush did in his term. That’s unquestionably true, but taken alone, that factoid conceals more than it illuminates about the GOP's unprecedented campaign to obstruct the confirmation of President Obama's judges.

Most importantly, President Obama has been faced with significantly more judicial vacancies than had President Bush. So far, 270 vacancies have arisen since January of 2009. During the same period in the Bush administration, only 202 vacancies appeared. While President Bush had more than filled the vacancies which arose during his presidency, President Obama hasn’t been allowed even to keep pace with vacancies as they arise.

newvacancies

In order to fill those vacancies, President Obama has faced unprecedented obstruction of his nominees, including a record number of filibusters. In fact, more of his nominees to the lower federal courts have been subjected to cloture votes (35) than the nominees of every previous president, combined.

judicialnoms

Before they're confirmed President Obama's nominees have been forced to wait much longer for votes after being approved by the Judiciary Committee than President Bush's nominees. The wait times have become so extreme, that President Obama's district court nominees are, on average, forced to wait longer than President Bush’s circuit court nominees.

averagedays

As a result, Senate Republicans have significantly reduced President Obama's ability to address the judicial vacancy crisis in the courts right now. Currently, President Obama faces significantly more judicial vacancies than President Bush faced at this point in his presidency, including more than 50% more judicial emergencies.

judicialnoms

Currently, 31 nominations have cleared the Judiciary Committee and are pending before the Senate, including 14 nominees who would fill seats designated as judicial emergencies. There's no reason for any of these nominations to be delayed, and confirming all of them would bring the vacancy rate roughly in line with the rate we saw eight years ago.

If Republicans are interested in treating President Obama now as President Bush was treated then, they should move quickly to confirm all the nominees currently pending on the Senate floor.

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So Many Vacancies, So Little Cooperation from GOP Senators

Judicial vacancies are remaining open and without nominees in states with Republican senators.
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Obama's Had a Lot More Judicial Vacancies to Fill than Bush Did

A statistic on parity in confirmations is misleading without additional information about vacancies and nominations.
PFAW

Senate Invokes Cloture on Friedland Nomination

The Senate voted today to invoke cloture on the nomination of Michelle Friedland to the US Court of Appeals for the 9th Circuit. Friedland was first nominated by President Obama on August 3, 2013 to fill a seat designated as a judicial emergency by the Administrative Office of the US Courts.

“Today’s vote is an important step towards addressing our country’s judicial vacancy crisis,” said Marge Baker, Executive Vice President of People For the American Way. “It’s especially important that the Senate move forward to confirm Circuit Court judges, who often have the final say on some of the most important issues that Americans face.”

Friedland’s nomination has been one of many nominations caught up in Republicans’ blanket obstruction of all judicial nominees over the past several months, and President Obama was forced to renominate her this year. After today’s vote, Friedland still faces 30 hours of potential “post-cloture debate,” unless Republicans allow the Senate move forward on the nomination more expeditiously.

“It’s time for the GOP to stop its campaign of obstruction and allow timely, yes-or-no votes on all of the nominees on the Senate’s calendar, and, in particular, the vitally important circuit court nominees,” said Baker. “Despite the recent change in the Senate’s rules, Republicans have continued to obstruct the confirmation of President Obama’s well-qualified judicial nominees. These delay tactics from Republicans don’t just hobble what could be an efficient, effective process; they deprive Americans of the fully functioning justice system they deserve.

“We applaud Senator Reid’s focus on clearing the backlog of these nominees. It’s important that we continue to move forward despite the GOP’s obstruction. Confirming the 31 nominees currently on the Senate’s calendar would fill more than one third of the nation’s current judicial vacancies.”

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Blue Slips: Republicans Should Stop Abuse of Consultation Process

In an op-ed Sunday, Sen. Patrick Leahy, chairman of the Senate Judiciary Committee, addressed critics of his use of blue slips, a committee tradition that Republicans continue to abuse. Under this policy, the chairman asks the Senators from a nominee’s home state to submit a blue slip expressing their support or opposition. The consequences have varied over time, depending on who the chairman has been. Leahy’s practice has been to not hold a hearing unless both senators submit their blue slips saying they support letting the committee process the application. As Senator Leahy points out

The Constitution requires presidents to seek both the “advice and consent” of the Senate in appointing judges to lifetime posts on the federal courts. … When senators return this paper, it is proof that the senators elected to represent that state were consulted and the nominee is likely to be confirmed.

Leahy states he “cannot recall a single judicial nominee being confirmed over the objection of his or her home-state senators,” and affirms the importance of home-state support in moving the process forward.

But Leahy also acknowledges that the “judicial confirmation process in the Senate has grown increasingly difficult,” and that Senate practices that bring principles of the Constitution to life do need “ongoing evaluation to make sure they work as intended. And he reiterates that he “would not rule out proceeding with a nomination if the blue slip is abused.”

Indeed, since his election, President Obama has routinely sought the advice of senators through the judicial nominations process. It has been a hallmark of his presidency. But too many Republicans have refused to engage in a cooperative process, instead seeking the authority to pick the nominee themselves, even if it is someone the president would oppose. When that happens, no nomination is made. Other times, the senators withhold the blue slip indefinitely, often refusing to give a reason why, and sometimes even after they themselves recommended the nominee they are now blocking. The result of this abuse has been the worsening of a serious judicial vacancy crisis.

Chairman Leahy has stressed the importance of blue slips in showing that senators have been consulted by the White House. Taking heed of Leahy’s words, Republicans should be wary of continuing the abuse of the blue slip process to block judicial confirmations. Their continued use of this “silent, unaccountable veto” is a detriment to the judicial process. As GOP obstruction continues through withholding of blue slips despite substantial consultation, judicial nominations grow more cumbersome, and the impracticality of this part of the process becomes clearer.
 

PFAW

Crampton: Banning 'Ex-Gay' Therapy Is Just Like Promoting Eugenics

Matt Barber and Steve Crampton began today's "Faith and Freedom" radio broadcast by attacking Rep. Nancy Pelosi for accepting the Margaret Sanger Award from Planned Parenthood last month, but the discussion quickly got sidetracked into criticism of efforts to outlaw the use of "ex-gay" reparative therapy on minors, with Crampton comparing it to efforts by mental health professionals to promote eugenics in the early 1900s in order to sterilize and eliminate "undesirables":

And the side to the whole eugenics movement that I think still underlies the abortion industry in America is that it was pioneered by and championed by the so-called experts.

In 1909, California adopted laws forcing sterilization of those they deemed unfit. It took some six decades before they stopped the practice, during which time sixty thousand Americans were sterilized involuntarily by the experts. We're talking the California Psychiatric Association, in particular.

Interestingly enough, here we are today at Liberty Counsel litigating against the California psychiatrists and the American Psychiatric Association that so many folks hold in high regard and now they're touting theories about homosexuality rather than eugenics, but the theories are equally devoid of any kind of scientific basis.

And what I want to say to our listeners is beware the experts. So often, it is the experts that get us into the deep, deep weeds and the darkest places of the experience of humanity and so blindly following them can get us into horrific places.

Applying McCutcheon's Logic to Voter ID Laws

If only the courts were as solicitous of the right to vote in elections as they are of the right to purchase them.
PFAW Foundation

In McCutcheon Decision, Talk of Constituents Seems Out of Place

Chief Justice Roberts waxes eloquent about responsiveness to constituents in an opinion about responsiveness to non-constituents.
PFAW Foundation

Supreme Court's McCutcheon Decision is Great News for Billionaires

The American people should have the power to prevent government of, by, and for the wealthy.
PFAW Foundation

Harry Reid Moving Judicial Nominations Forward, Despite Republican Obstruction

Senate Majority Leader Harry Reid filed cloture yesterday on the nomination of John B. Owens to a seat on the US Court of Appeals for the Ninth Circuit—one that has been declared a judicial emergency and which has been vacant for almost 10 years. This moves forward the Senate judicial confirmations process that has been relentlessly slowed down by GOP obstruction. In an atmosphere of constant delays, it is commendable that Sen. Reid is taking action to get nominees confirmed, especially circuit court nominees.

Because of obstruction by Senate Republicans, nominations for the circuit court have been made particularly cumbersome. As we explained last month, if Senators refuse to provide “unanimous consent” to schedule a vote, Sen. Reid is forced to file a cloture petition to allow a yes or no vote on the nominee. Once cloture is invoked,  Senate rules allow the minority to insist on “post-cloture debate”— up to 30 hours for circuit court nominees.

With six circuit court nominees now on the Senate calendar, (including the most recent addition, Fifth Circuit nominee Gregg Costa, who was recommended unanimously by the Senate Judiciary Committee this morning) and more in the pipeline, Republicans can tie the Senate up for 180 hours of needless “post cloture debate” – that is weeks of floor time that could be spent doing something useful. Time is growing short to get them all confirmed by the end of the year. One easy answer is for Senate Republicans to forego their delaying tactics and permit the Senate to both confirm judicial nominees and perform the other important work waiting to be done. Until that happens, Sen. Reid should be applauded for pushing the process forward.

PFAW

A Commendably Speedy Process for a Vermont Judicial Recommendation

Patrick Leahy has shown the country what an exemplary process for identifying potential district court judges looks like.
PFAW

Rubio's Delay Increases Urgency of Florida Judicial Nominations

Early this year, President Obama nominated Judge Beth Bloom, Judge Darrin P. Gayles, Judge Carlos Eduardo Mendoza, and Paul G. Byron to the Southern and Middle District Courts of Florida. Of the four vacancies in the Southern District, three have been declared judicial emergencies. The situation in Florida is so dire that even if every vacancy were to be filled tomorrow, it would not be enough to take care of the courts’ growing workloads. In fact, the Judicial Conference has requested a number of new judgeships for the state, including:

• 5 new judgeships for the Middle District, plus a temporary judgeship; and
• 3 new judgeships for the Southern District, plus the conversion of a temporary judgeship to a permanent position.

It is imperative that these nominations be confirmed swiftly; the Senate’s delays in confirming nominees translate to delays for Floridians waiting for their day in court.

Sen. Marco Rubio stated on NPR last month that he did “not anticipate having any objection to moving forward on any of [President Obama’s] nominees” for the district courts in Florida. In fact, the nominees were recommended by Sen. Rubio, along with Sen. Bill Nelson, based upon the recommendations of a bipartisan committee the two senators put together. Yet to date Sen. Rubio –unlike Sen. Nelson—has not signed the “blue slips” the Senate Judiciary Committee customarily requires before nominees are given a committee hearing. This is cause for some concern in light of Sen. Rubio’s refusal last year to sign off on other Florida nominees to seats that he himself had recommended.

Rubio’s slow-walking of his “blue slips” comes in the context of the GOP obstruction that has needlessly delayed the confirmation of most Obama nominees. After committee approval, President Obama’s district court nominees have been forced to wait an average of three times longer for a confirmation vote than President George W. Bush’s at this point in his presidency. Obama’s circuit court nominees are forced to wait nearly two months longer than Bush’s. This slowing down of the process seems completely gratuitous and politically motivated since the overwhelming majority of Obama’s judicial nominees have been confirmed unanimously or near-unanimously.

The current nominees are also important because they represent much-needed diversity in the federal courts. Gayles, for example, would be the first openly gay African-American man on the federal bench. However, with Rubio’s history of unfavorable treatment of previous nominees he has recommended, there is little expectation that he will help move this nomination process forward any faster. Gayles is up for the same seat to which William Thomas, also an openly gay African American man, was nominated in November 2012, a nomination that Rubio sabotaged.

Some were expecting these four Florida nominees (who were nominated in early February) to have their committee hearings this week, but because Rubio has not submitted his blue slips, that will not happen.

We join advocacy groups in Florida in urging Rubio to help get the state’s nominees confirmed as soon as possible.
 

PFAW

Phyllis Schlafly Is 'Very Disappointed' That 'Nobody's Saying Anything' Against Marriage Equality

In an interview with VCY America’s Crosstalk program yesterday, Eagle Forum founder Phyllis Schlafly declared that she was “very disappointed in the leadership of all the churches” and “positively amazed” that neither politicians nor pastors are voicing “any objection” to a recent spate of marriage equality rulings in the courts.

“I think everyone in leadership is to blame for not speaking up against this whole series of judges who are knocking down the constitutional provisions who were voted by the people of their state to say that marriage is a man and a woman,” Schlafly said. “Where are they? Where are the spokesmen?”

If only Schlafly read Right Wing Watch, she would find plenty of politicians and church leaders willing to speak out against the marriage equality rulings.

The Gospel of Citizens United: In Hobby Lobby, Corporations Pray for the Right to Deny Workers Contraception

Will corporations be able to claim "religious rights" to discriminate against their female employees -- and possibly others?
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