People For the American Way

Senate GOP Plays Games with Halligan Nomination, Sets Dangerous Precedent

FOR IMMEDIATE RELEASE: December 6, 2011

Contact: Miranda Blue or Justin Greenberg at People For the American Way

Email: media@pfaw.org

Phone Number: 202-467-4999

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In a move that could have far-reaching implications for the ability of the president and the Senate to fill the federal courts, the Senate GOP today
succeeded in blocking a vote on the nomination of Caitlin Halligan to serve on the D.C. Circuit Court of Appeals, denying cloture on the nomination with a nearly party-line 54-45 vote. Halligan, a widely respected attorney and former Solicitor General of New York, was first nominated in September 2010 to fill the seat
vacated six years ago by Chief Justice John Roberts. Her nomination is being stalled by the Senate GOP despite her moderate record and enthusiastic
endorsements from across the ideological spectrum, including from conservative Bush nominee Miguel Estrada, who had himself once been nominated to this
court. If the Senate were allowed to vote on the nomination, she would fill one of three current vacancies on the D.C. Circuit, and would become the
sixth woman ever to sit on the court.

Marge Baker of People For the American Way said:

“Caitlin Halligan is a talented and fair-minded lawyer, and she would make a fine addition to the D.C. Circuit Court of Appeals. She is respected by
legal professionals across the political spectrum for her balanced approach to the law and the Constitution.

“Republicans have spent much of the past year in a desperate search for some legitimate reason to oppose Halligan’s nomination. Every attempt they
have made has fallen flat. Now, unable to find a shred of evidence that Halligan is unfit to serve, the GOP has fallen back on the specious argument
that the D.C. Circuit court’s workload is low enough to justify leaving one third of its seats vacant. Making the political nature of the
filibuster even clearer, Senate Judiciary Committee Ranking Member Charles Grassley threatened in a floor speech yesterday that the Senate GOP would
retaliate against the more than 20 other pending nominations, most of them unopposed and many of them for judicial emergencies, simply because
Democrats attempted to bring Halligan’s nomination to an up or down vote.

“Today’s vote has kept a talented lawyer from the bench, at least for the moment, but it has also set a new standard for D.C. Circuit nominees that
will be virtually impossible for any president of either party to meet. Halligan’s nomination should not have been at all controversial– she is
decidedly moderate and unquestionably qualified. If someone so unquestionably qualified and backed by top legal figures from across the political
spectrum can be blocked by a filibuster, then who can’t be?

“Once again, Republicans in Congress have put political concerns above their duty to ensure the functioning of the American judicial system. They have
set a precedent for judicial nominations that will hurt the justice system far into the future, regardless of the party of the president and the
majority in Congress.

“We will continue to press for the confirmation of Caitlin Halligan as well as the 20 other nominees awaiting votes on the calendar. I hope that the
Senate GOP quickly recognizes their mistake in blocking these nominations and reverses course on the obstruction that is threatening our judicial
system.”

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