Judicial Nominations

  • January 24, 2013

    by Jeremy Leaming

    The momentum for serious reform to the filibuster picked up steam last year after Sen. Majority Leader Harry Reid (D-Nev.) expressed great frustration over Republicans abuse of the legislative tool. Reid had faced nearly 400 filibusters since leading the Senate and admitted he was slow to embrace filibuster reform. Reid claimed he was finally ready to support serious reform proposals championed by Sens. Tom Udall (D-N.M.) and Jeff Merkley (D-Ore.).

    But it now appears Reid is ready to suffer ongoing Republican obstructionism in the Senate. TPM’s Sahil Kapur reports that Reid is nearing a deal with Minority Leader Mitch McConnell (R-K.Y.) “to enact minor changes to the filibuster.”

    The deal, Kapur reports would make “very modest changes,” such as permitting the “majority to bypass a filibuster on the motion to proceed to debate – if a group of senators on each side agree or if there’s a guarantee that both sides will bet to offer amendments ….”

    According to Kapur, however, the only “meaningful upside” of the agreement centers on nominations – apparently part of the deal would include “an expedited process for some nominations ….”

    The filibuster has been used to scuttle dozens of judicial nominations, which have helped lead to a high vacancy rate on the federal bench. The filibuster, however, has also been used to shut down consideration of an array of progressive measures, such as ones addressing pay inequity, immigration reform and climate change.

    In a Jan. 21 editorial, The New York Times raised concerns that on the cusp “an opportunity to end much of this delay and abuse, Democrats are instead considering only a few half-measures.” The Times highlighted reform proposals advanced by Merkley and Udall, which would require senators to take action to mount and sustain a filibuster. It would require senators bent on slowing consideration of legislation or nominations to actually announce their reason for doing so, and then continue explaining those reasons. As the newspaper noted the proposal would kill the “current practice of routinely requiring a 60-vote majority for a bill through a silent objection ….”

  • January 16, 2013

    by Amanda Simon

    Senate Judiciary Chairman Patrick Leahy (D-Vt.) laid out his agenda for the committee today. In his remarks, the chairman pointed to several issues that ACS cares deeply about including immigration reform, criminal justice reform and renewing the Violence Against Women Act. Thankfully, Sen. Leahy also pledged to fill judicial vacancies around the country and urged senators to stop blocking nominees.

    Sen. Leahy’s remarks today only further underline the crisis our justice system is facing. Currently, there are 82 federal judicial vacancies with 25 of those vacancies considered judicial emergencies. Judicial vacancies have a real and human cost. As these vacancies linger, medical bills pile up, memories fade, witnesses die, legal fees compound and the cost of doing business goes up.

    The current reality is this: qualified judicial nominations with bipartisan support that would have been confirmed in days or weeks in the past now sit idly on the Senate’s Executive Calendar for months because of Republican refusal to consent to debate and vote on nominations. Qualified nominees are being stalled for no reason beyond political posturing.

  • January 15, 2013

    by Jeremy Leaming

    As Salon’s Steve Kornacki persuasively argues, Sen. Majority Leader Harry Reid (D-Nev.) is a friend of the National Rifle Association, likely helping to kill any meaningful gun control legislation.

    Kornacki notes that Reid recently told Nevada reporters that he is not supporting any of the reforms expected to be put forth by the administration (The New York Times reports that Vice President Joe Biden has identified 19 executive orders the president could issue to advance gun safety) and essentially “pronounced the assault weapons ban dead ….”

    Kornacki continues:

    Not only is there steep resistance in the Republican-controlled House, but the Senate also includes a number of Democrats like Reid from pro-gun states who would rather not go on record voting for a new ban.

    In stating that he won’t consider legislation that doesn’t stand a chance in the House, Reid appears to be giving pro-gun Senate Democrats an opportunity to duck the question.

    Beyond providing cover to “pro-gun Senate Democrats,” Reid now appears to be wavering on filibuster reform. Last year, Reid took to the Senate floor to bemoan his lack of support for filibuster reform and said he favored reform measures advocated by several Democratic senators.

  • December 19, 2012
    Guest Post

    Diana Kasdan, Counsel, Brennan Center for Justice

    Every senator needs to put “fix the filibuster” at the top of his or her New Year’s Resolution List. Specifically, they need to resolve to pursue serious rules reforms that can curb the exponential rate of obstruction in recent decades. And it must happen on January 3rd. Here are three reasons why:

    1.      Congress is Broken and Senate Obstruction is Part of the Problem

    The 112th Congress has had the lowest output of any since at least World War II. This stems from reasons well beyond divided control of chambers, which defines the current and incoming Congress. Control of the House and Senate was also divided from 1981 to 1987, yet Congress enacted an average of nearly 600 public laws during each two-year period, compared to barely 200 in the current session.

    So what is causing this decline in productivity? One prime culprit is filibuster abuse. As a recent Brennan Center reportconfirms, longstanding procedural rules have become tools of obstruction allowing legislative minorities to impose a veto on nearly every order of Senate business. Even when addressing matters purely within its own control, the Senate is at a virtual standstill. The Senate has passed a record-low 2.8 percent of its own bills. At its peak efficiency in the 1950s, the Senate passed nearly 27 percent of its bills. And, on average, it has taken 188 days for the Senate to confirm a judicial nominee during the current Congress, creating 32 “judicial emergencies.” Only at the end of the congressional term in 1992 and 2010 have there been more judicial emergencies.

  • December 13, 2012

    by Jeremy Leaming

    With Republicans seemingly hell-bent on tossing the country over the so-called fiscal cliff, showing no signs of agreeing to tax hikes on the nation’s superrich, and continuing their strategy of obstructionism polling shows that a majority of Americans support filibuster reform.

    Sen. Minority Leader Mitch McConnell (R-K.Y.) embraced obstructionism during President Obama’s first term, saying his party’s top priority was to ensure Obama did not serve a second one. McConnell, however, is still set on obstructionism and not surprisingly arguing that the Constitution forbids the Senate from altering its procedures by majority vote.

    A bipartisan group of law professors – including former Reagan solicitor general Charles Fried and a former conservative federal judge Michael W. McConnell – in a Dec. 12 letter to senators says McConnell is wrong. (The letter can be read here – thanks to the Brennan Center For Justice).

    “When a newly-elected Congress convenes,” the letter states, “the newly-constituted Senate, like the newly-elected House, can invoke its constitutional rulemaking authority to make changes to the Standing Rules. At that time, a majority of the new Senate can choose to reject or amend an existing rule.”