Federal judicial selection

  • November 13, 2012

    by Jeremy Leaming

    A week after President Obama handily won re-election - and his party gained in the Senate - one might think the other party would finally understand that elections have consequences. For example, the president has a duty to appoint judges to the federal bench, and the Senate should be ready to provide some advice and consent, not obstructionism.

    Since his first election, however, Senate Republicans have shown tremendous contempt for all things Obama, including the president’s selections to the federal bench. And the result has had devastating consequences for the judiciary. The bench has seen a historic number of vacancies, hovering, at times, near a hundred, many of them deemed judicial emergencies by the Administrative Office of the U.S. Courts of the federal bench. The ringleader of obstructionism in the Senate is its Minority Leader Mitch McConnell (R-Ky.). (He famously said early in Obama’s first term that his party’s top priority was to ensure that Obama would be a one-termer. McConnell has now claimed Obama needs to become more moderate. It looks already as if the senator from Kentucky is going to ignore the president’s landslide victory, the majority of the American people and continue dwelling in a rightwing cocoon.)

    He’s being prodded by the rightwing activists who are not ready, likely never will be, to accept the 2012 election results. They’re peddling myths like declaring the Senate does not address judicial nominations during lame-duck sessions or that Obama’s nominees can surely wait a tad longer until he is sworn in for a second term in January.

    Then there’s the National Review Online’ s Ed Whelan, long obsessed with keeping the federal bench tilted as far to the right as possible. So, as Media Matters’ Sergio Muñoz points out in this blog post, Whelan is now urging Senate Republicans to stick with obstructionism. Citing a recent NRO piece by Whelan, Muñoz writes that he is calling on continued obstruction of current judicial nominations and expand it “to any and all Supreme Court nominees.”

  • November 9, 2012

    By Amanda Simon

    ACS president, Caroline Fredrickson, joined experts from the Center for American Progress (CAP) and the Constitutional Accountability Center (CAC) on Nov. 8 for a discussion on the future of the courts post-election. The lively discussion, viewable here, covered a range of topics from reproductive rights to voting rights to judicial nominations.

    After opening remarks from CAP’s John Podesta, the panelists tackled some of the issues that emerged from this week’s election. Fredrickson immediately pointed out that courts had played a large role in the election, including several court decisions on early voting rules and voter ID laws. And CAC’s Doug Kendall noted the strength of the Voting Rights Act played a large part in getting favorable rulings on voting issues leading up to the election.

    Given that a few congressional candidates had made outrageous and offensive remarks about rape and pregnancy, the panelists discussed the influence of women in this week’s election. As Fredrickson put it, “Women voters aren’t stupid…For the moment at least, we can be a little more comfortable that we won’t see Roe v. Wade overturned in the immediate future.” But nothing is a sure thing until and unless progressives start recognizing the importance of the courts as a central issue, as conservatives have for decades. While President Obama may serve for just four more years, his judicial appointees will leave their imprints on the legal system for decades to come.

  • September 24, 2012

    by Jeremy Leaming

    The Republican effort to avoid filling judicial vacancies in the hopes of gaining more political power in November continues unabated, but not without justifiably sharp criticism.

    Senate Republicans’ agenda of obstructing everything Obama may be simple and nakedly political, but obstruction of judicial nominations is also disastrous for the nation’s court system. The Senate left town with more than 75 vacancies on the federal bench, many of them deemed emergency vacancies by the Administrative Office of the U.S. Courts of the federal bench.   

    Last week the Republicans blocked Sen. Majority Leader Harry Reid’s effort to force votes on 17 district court nominations, and left town for a recess after confirming only two. The Senate confirmed Gonzalo Curiel for a seat on the U.S. District Court for the Southern District of California and Robert Shelby to fill a vacancy on the U.S. District Court for the District of Utah. Both nominees were recommended for confirmation by the Senate Judiciary Committee about five months ago.

    In a press release, containing a list of pending nominations and a lengthy statement, Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) blasted the Republicans’ intransigence. The obstruction of the judicial nominations is yet another example of “Senate Republicans putting partisanship ahead of the interests of the American people,” Leahy said. “I have served in the Senate for 37 years, and I have never seen so many judicial nominees, reported with bipartisan support, be denied a simple up-or-down voter for four months, five months, six months, even 11 months.”

  • September 20, 2012

    by Jeremy Leaming

    Republicans keeping to their obstructionist ways blocked an effort by Sen. Majority Leader Harry Reid to force votes on 17 district court nominations that have languished in the chamber.

    Obstruction of President Obama’s judicial nominations has been ongoing since the start of his first term, and the federal bench has a record number of vacancies, more than 80. Sen. Reid had called for unanimous consent to secure confirmation votes for 17 district court nominations. “There are places around the country where we have judges who are tremendously overworked on these cases,” Reid said.

    But Senate Minority Leader Mitch McConnell objected to the move, claiming the president has been treated fairly.

    Senate Judiciary Committee Chairman Patrick Leahy, who has consistently called out Republicans’ obstruction of the president’s judicial selections, decried today’s action.

    Leahy noted that Obama’s predecessors did not face this kind of trouble appointing judges to the federal bench, especially district court judges.

    “However,” Leahy said in a press statement, “Senate Republicans have raised the level of partisanship so that these Federal trial court nominees have now become wrapped around the axle of partisanship. Despite a vacancy crisis that threatens the ability of Federal courts to provide justice for the American people, Senate Republicans now refuse to allow a vote on any of the 17 pending district court nominees, including 12 that have been declared judicial emergency vacancies.”

  • August 17, 2012

    by Nicole Flatow

    The “partisan intensity” surrounding the Senate confirmation process of judicial nominees “makes the judiciary look politicized when it is not” and “has to stop,” U.S. Supreme Court Justice Anthony Kennedy said during an address at the 2012 Ninth Circuit Judicial Conference in Maui.

    The remarks are the latest in a string of calls to end Senate obstruction of judicial nominees from judges and legal leaders, including Chief Justice John Roberts and Justice Ruth Bader Ginsburg. Justice Kennedy also questioned the functioning of the Senate confirmation process during the 2010 Ninth Circuit conference, saying, “It's important for the public to understand that the excellence of the federal judiciary is at risk.” Two years later, Kennedy is expressing even greater alarm.

    “The Constitution requires Senate confirmation,” Kennedy said this week. “The Senate is a political entity and will act in a political way and that’s quite proper. … On the other hand, there is a difference in a political function and a partisan function, and the current climate is one in which highly qualified eminent practitioners of the law simply do not want to subject themselves to this process.”