People For the American Way

Senate at Last Confirms Bacharach, Example of GOP’s Extreme Obstruction

FOR IMMEDIATE RELEASE: February 25, 2013

Contact: Miranda Blue or Layne Amerikaner at People For the American Way

Email: [email protected]

Phone Number: 202-467-4999

WASHINGTON – In a 93-0 vote today, the Senate confirmed Robert Bacharach of Oklahoma to the Tenth Circuit Court of Appeals, almost nine months after the Judiciary Committee first sent his nomination to the full Senate. His nomination faced extraordinary delays despite public support from his homestate Republican senators James Inhofe and Tom Coburn.

People For the American Way Executive Vice President Marge Baker released the following statement:

“Robert Bacharach’s confirmation to the Tenth Circuit Court of Appeals is good news for residents of Oklahoma, Kansas, New Mexico, Colorado, Wyoming and Utah, who will now see their justice system move a little more smoothly. Circuit courts have a tremendous influence on Americans’ pursuit of justice and the shape of American law, since the only higher court – the Supreme Court – hears so few cases. But the extraordinary delay in confirming Bacharach is a stark symbol of the dysfunction that Senate Republicans have brought to the judicial confirmations process.

“When President Obama nominated Bacharach in January 2012, his nomination was greeted enthusiastically by Sens. Inhofe and Coburn. In June, his nomination passed smoothly through the Judiciary Committee, where it was approved with broad bipartisan support. Then, Senate Republicans proceeded to stall his nomination on the Senate floor for no apparent reason. At the end of July, Majority Leader Harry Reid tried to hold a vote on Bacharach’s nomination, but was met with a purposeless GOP filibuster. Sen. Coburn had said such sabotage of his state’s nominee would be ‘stupid,’ but he and Sen. Inhofe ended up cooperating with their party’s leadership and refusing to help break the filibuster.

“I hope that today’s long-overdue confirmation of Bacharach signals a new willingness from the Senate GOP to work to quickly consider and vote on the president’s nominees. They have a lot of work to do. Three additional federal circuit court judges are awaiting votes from the full Senate: Caitlin Halligan, President Obama’s nominee to fill one of four vacancies on the DC Circuit Court of Appeals, who was first approved by the Judiciary Committee in 2011; Third Circuit nominee Patty Shwartz, who has been on the Senate calendar for a year; and Federal Circuit nominee Richard Taranto, who has waited 11 months for a Senate vote.

“Last term, President Obama’s confirmed federal judicial nominees waited an average of three times as long between committee approval and confirmation as did President Bush’s first-term nominees. As the nation suffers the consequences of a federal courts vacancy crisis that it the Senate GOP has helped to perpetuate, Republicans can and must do better.”

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