senate obstruction

  • May 7, 2012

    by Nicole Flatow

    Some 150 legal experts, concerned citizens and community leaders from 27 states are meeting with White House officials today about the judicial vacancy crisis on America’s federal courts. Nationwide, nearly one out of every ten federal judgeships remains vacant, and more than 250 million Americans live in a community with a courtroom vacancy.

    Today marks the end of a Senate deal to schedule votes on 14 nominees. Senate leaders reached the limited agreement after an exasperated Senate Majority Leader Harry Reid filed motions to force votes on 17 nominees.

    After the White House meeting, the community leaders will visit the offices of key senators to urge them to end the delays that have plagued the Senate confirmation process since the beginning of the Obama presidency. 

    “The increasing influence of partisan politics on the judicial selection process harms no one more than the average American who is left waiting for her day in court,” said Alistair Elizabeth Newbern, a clinical professor at Vanderbilt University Law School who leads the American Constitution Society’s Tennessee Lawyer Chapter and is visiting the White House today. “Above all, justice must be available. Every day that a court seat remains vacant makes it less so for the people who need it most.”

    A coalition of 29 national public interest groups issued a statement today emphasizing the urgency of judicial nominations.

    “Regardless of where you live or what issues you care about, all Americans deserve a judiciary that works for them," the statement says. "Today’s White House briefing with community leaders, legal experts and advocates for an effective judiciary is an unequivocal statement about that priority."

    The statement continues:

  • April 27, 2012

    The Senate confirmed Gregg Costa and David Guaderrama to fill judicial emergency vacancies in the U.S. District Courts for the Southern and Western Districts of Texas. “While this process took far too long and there remain too many unfilled judicial vacancies in Texas, this vote represents modest progress,” said Rep. Lloyd Doggett, (D-TX). There are still four U.S District Court vacancies in Texas.

    In addition, the Senate approved Brian Wimes for the Eastern and Western districts of Missouri by a vote of 91-1. All three votes were part of the deal between Senate Democrats and Republicans to confirm 14 judges by May 7. Sen. Mike Lee (R-UT) was the sole nay vote.

  • April 13, 2012
    The Senate is on recess this week, but that didn’t stop Sen. Dean Heller (R-Nev.) from continuing to obstruct a judicial nominee. Heller is refusing to return the required blue slip for Judge Elissa Cadish, nominated to the U.S. District Court for the District of Nevada. Cadish’s confirmation would fill one of the 34 judicial emergencies nationwide.
     
    After refusing to explain himself for weeks, Heller finally admitted last week that his opposition stems from his disagreement with her response to a question about the Second Amendment in a 2008 questionnaire. Although Cadish explained that she based her assessment of Second Amendment rights on the law at the time (before the U.S. Supreme Court decided District of Columbia v. Heller and McDonald v. City of Chicago), Heller has said he will not change his mind about her nomination, and Senate Majority Leader Harry Reid said he will not back down from defending Cadish and will not ask her to withdraw her nomination.
     
    In a column telling Heller he “blue-slipped up” in blocking Cadish’s nomination, Las Vegas Review-Journal columnist Jane Ann Morrison notes that Cadish was rated “unanimously qualified” by the American Bar Association and is “no borderline, unqualified or crackpot candidate, yet you've insulted her and tarnished her reputation by your actions.”
     
  • March 30, 2012

    The Senate this week confirmed two district court nominees to fill emergency vacancies: Miranda Du to the District of Nevada, and Susie Morgan to the Eastern District of Louisiana. These two nominees are part of the 14 whom Senate leaders agreed to vote on as part of their deal last month. As Judiciary Committee Chairman Patrick Leahy (D-Vt.) notes, “Both nominations have the bipartisan support of their home state Senators, and were reported by the Judiciary Committee over four months ago. The Senate is still only considering judicial nominations that could and should have been confirmed last year. The judicial vacancy rate remains nearly twice what it was at this point in the first term of President George W. Bush.”

    In addition, the Senate Judiciary Committee approved three judicial nominees, including one circuit and two district court nominees, and held over the nominations of another circuit and four additional district court nominees.

    The committee also held a hearing on three district court nominees. Sen. Mike Lee (R-Utah) signaled his support for home-state nominee Robert Shelby, even though he has voted against every judicial and executive nominee so far this year in retaliation against President Obama’s recess appointments.

    Furthering the obstruction of judicial nominees, Sen. Mitch McConnell (R-Ky.) objected to the request to consider Donna Mary Murphy to be an Associate Judge for the Superior Court of the District of Columbia. The president nominates many D.C. judges because the District of Columbia is not a state.

  • March 23, 2012
    Following the recent deal to hold votes on 14 nominees, the Senate confirmed three district court nominees Thursday: David Nuffer to the District of Utah, Ronnie Abrams to the Southern District of New York and Rudolph Contreras to the District of Columbia.
     
    Sen. Mike Lee (R-Utah) voted against Nuffer, in spite of his stated support for his home-state nominee, in continued retaliation against President Obama’s recess appointments of Richard Cordray and three others.
     
    After last week’s Republican boycott of the Senate Judiciary Committee executive business meeting, the committee appeared poised again to lack quorum for this week’s meeting. A number of hours after its scheduled start time, enough senators finally convened to hold over one circuit judge and two district judges. The Administrative Office of the U.S. Courts has declared one of these district seats a judicial emergency.