PFAW: Time Running Out for Senate Confirmation of Four Circuit Court Nominees

WASHINGTON – The Senate is leaving town for the Christmas holiday without holding confirmation votes on four federal appeals court nominees who have been waiting six to nine months for approval from the full Senate. These nominees – Third Circuit nominee Patty Shwartz of New Jersey, First Circuit nominee William Kayatta of Maine, Tenth Circuit nominee Robert Bacharach of Oklahoma and Federal Circuit nominee Richard Taranto – all have the backing of their home-state senators, Democratic and Republican. Senate Republicans have blocked Shwartz’s nomination for over nine months, Kayatta’s and Taranto’s for eight, and Bacharach’s for six.

Senate Republicans are, however, finally allowing votes on three long-delayed district court nominees, Matthew Brann and Malachy Mannion for the Middle District of Pennsylvania and Jon Tigar for the Northern District of California. All three will fill officially designated emergency vacancies. Brann will take over at a courthouse in Williamsport, Pennsylvania, which has not had a serving federal judge since July 2011. Yet all three have been delayed on the Senate floor for over four months.

“It’s bad enough that entirely uncontroversial trial court nominees like Brann, Mannion and Tigar are forced to wait months before the Senate will allow them to fill emergency vacancies,” said Marge Baker, Executive Vice President of People For the American Way. “Yet Senate Republicans have the audacity as they leave town to claim credit for finally doing something they should have done back in September. Meanwhile, key circuit court vacancies have been left unfilled, some for nearly three-quarters of a year, despite the absence of any substantive concerns about the nominees’ qualifications. The Senate’s role is to advise and consent, not to obstruct and delay. Senate Republicans should take this duty seriously and allow votes on all pending nominees before the end of the year.”

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