Judicial Nominations

  • July 10, 2015

    by Caroline Cox

    On Tuesday, the Senate confirmed Kara Farnandez Stoll with a 95-0 vote for a seat on the U.S. Court of Appeals for the Federal Circuit. The Senate Judiciary Committee approved her nomination in April, and her confirmation will make her the first minority woman to serve on the Federal Circuit.

     The Senate Judiciary Committee voted on three judicial nominees on Thursday. The Committee voted to send the nominations of Luis Felipe Restrepo, to serve on the U.S. Court of Appeals for the Third Circuit, Travis Randall McDonough, to serve on the U.S. District Court for the Eastern District of Tennessee, and Waverly D. Crenshaw, Jr., to serve on the U.S. District Court for the Middle District of Tennessee, to the Senate for confirmation votes.

    The large number of judicial vacancies continue to make it difficult for federal courts to adequately conduct business and deliver justice. Carl Tobias, the Williams Chair in Law at the University of Richmond, urges the Senate to fill the vacancies on the U.S. Court of Federal Claims at The Hill, and the blog for the Alliance for Justice examines how Texas has become the epicenter of the judicial vacancy crisis.

    There are currently 62 vacancies, and 27 are now considered judicial emergencies. There are 17 pending nominees. For more information see judicialnominations.org.

  • May 1, 2015

    by Caroline Cox

    On Thursday, President Obama announced five new judicial nominations: Todd Sunhwae Kim to be an Associate Judge of the District of Columbia Court of Appeals, and Julie Helene Becker, William Ward Nooter, Robert A. Salerno, and Steven M. Wellner to be Associate Judges of the Superior Court of the District of Columbia.  

    Senator Chuck Grassley, the chair of the Senate Judiciary Committee, refuses to admit his part in the delays on judicial nominees. As the Alliance for Justice explains, the senator has claimed that Republicans should take credit for nominees confirmed last congress, but has denied any responsibility for two months of Loretta Lynch’s confirmation wait that occurred in the same time period.

    More troubling still, the senator’s comments at the National Press Club on Monday indicate that he may wish to shut down judicial confirmations entirely. Senator Grassley stated, “Come July of 2015, probably they’ll be cut off and not approving any.”

    The blog of People for the American Way illustrates the problem with cutting off judicial confirmations in July. Not only could this move continue to swell the number of judicial vacancies, but it also comes at a time when the nominees that have presented are being considered at a glacial pace.

    There are currently 55 vacancies, and 23 are now considered judicial emergencies. There are 17 pending nominees. For more information see judicialnominations.org.

  • April 24, 2015

    by Caroline Cox

    The U.S. Senate made another judicial confirmation on Monday. In a vote of 91-0, the Senate confirmed the nomination of George C. Hanks, Jr. to be a United States District Judge for the Southern District of Texas. Additionally, in unanimous voice votes, the Senate Judiciary Committee voted out two more nominees.  Kara Stoll, nominated to be a United States Circuit Judge for the Federal Circuit, and Roseann A. Ketchmark, to be a United States District Judge for the Western District of Missouri, were both voted out of committee. 

    Overall, the Senate continues to delay on confirming nominees. Republican leadership has refused to accept responsibility for the judicial vacancies. Texas, for example, has ten current vacancies according to the Alliance for Justice. Senate Republicans have done little to alleviate this pressing problem, and have they failed to accept their part in creating judicial emergencies. 

    U.S. Senator Chuck Grassley announced that he will recommend two Iowans for District Court vacancies this week, and it looks as though he will move quickly to move the nominees through the process. The Des Moines Register argues that the senator should apply this same sense of urgency to other nominees.

    Senator Mitch McConnell may be slowing down judicial nominations as means of getting back at Democrats for previous filibuster reforms. But as ACS President Caroline Fredrickson points out in a recent article at Talking Points Memo by Sahil Kapur, these delays may offer an opportunity for progressives to mobilize their base.

    After the confirmation of Loretta Lynch, the Senate now needs to consider Sally Yates to be Deputy Attorney General. Senator Patrick Leahy issued a statement on the nomination and the importance of moving more quickly on judicial nominations.

    There are currently 53 vacancies, and 23 are now considered judicial emergencies. There are 17 pending nominees. For more information see judicialnominations.org.

  • April 23, 2015
    Guest Post

    by K.O. Myers, coordinator of the Iowa Fair Courts Coalition, and Development and Operations Manager at One Iowa in Des Moines.

    On April 14, Senator Chuck Grassley (R-Iowa) recommended candidates to fill two upcoming District Court vacancies here in his home state of Iowa. If President Obama takes the Senator’s suggestions, he’ll nominate Magistrate Judge Leonard Strand for an opening on the Northern District of Iowa, and state district Judge Rebecca Goodgame Ebinger for the Southern District. The nominations will then go to the Senate Judiciary Committee to begin a lengthy confirmation process where, if recent history is any guide, they’ll collide with one of their biggest obstacles to confirmation: the Chair of the Judiciary Committee, Senator Chuck Grassley.

    Article II of the Constitution reserves an important “advice and consent” role for the Senate in confirming the president’s judicial nominees. These are lifetime appointments, with the power to invalidate actions of the political branches. Under our thoughtfully designed system of checks and balances, it makes sense that neither the legislative nor executive should have exclusive control over staffing the judiciary.

    As chair of the Judiciary Committee, Grassley wields enormous influence on the confirmation process. He sets the agenda for the committee, and is responsible for scheduling hearings and votes on pending nominees. Potential judges can’t proceed to a Senate floor vote until they’ve been vetted by the committee.

    Unfortunately, Grassley and his Republican Senate colleagues have enthusiastically embraced the “check” portion of that famous formula, and don’t seem particularly concerned about “balance.” On the day Grassley announced his recommendations, the Senate held its first vote on a judicial nomination, three months after the Republican majority took over in January, unanimously confirming Alfred H. Bennett to a vacancy in the Southern District of Texas. On April 20, the Senate held a second vote, confirming George C. Hanks, Jr. As former Judiciary Chair Patrick Leahy noted after the first vote, by April of 2007 the Democratically controlled Senate had confirmed 15 of then-President George W. Bush’s judicial nominees. (In fairness to Grassley, Senate Majority Leader Mitch McConnell (R-Ky.) is responsible for scheduling confirmation votes on the Senate floor.)

  • April 17, 2015

    by Caroline Cox

    On Wednesday, President Barack Obama announced the nomination of Justice Wilhelmina Marie Wright to fill an upcoming vacancy on the U.S.  District Court for the District of Minnesota. Since 2012, Justice Wright has served as an Associate Justice on the Minnesota Supreme Court.

    Months after its opening session, the U.S. Senate made its first judicial confirmation of the year on Monday. In a unanimous vote, the Senate confirmed Alfred Bennett to the United States District Court for the Southern District of Texas. As the Houston Chronicle reports, however, there are still at least two other pending confirmation votes for Texas federal judges.

    The blog for People for the American Way provides commentary on the first judicial confirmation vote. While the confirmation should be celebrated, the post argues, the delay in reaching this point shows how dysfunctional the confirmation process has become.

    There are currently 54 vacancies, and 23 are now considered judicial emergencies. There are 18 pending nominees. For more information see judicialnominations.org.