Judicial Nominations

  • November 14, 2014

    by Rebekah DeHaven

    The Senate returned this week following the midterm elections and its first order of business was to consider two district court nominations. On November 12, the Senate voted to invoke cloture on Randolph Moss (nominated to the U.S. District Court for the District of Columbia) and Leigh Martin May (nominated to the U.S. District Court for the Northern District of Georgia). Senator Reid (D-Nev.) also filed cloture on Eleanor Ross, Mark Cohen, and Leslie Abrams, all nominated to the Northern District of Georgia. On November 13, the Senate voted to confirm Moss, 54-45, and May, 99-0.

    Also on November 12, President Obama made four new judicial nominations: Dale Drozd to the U.S. District Court for the Eastern District of California, LaShann Moutique DeArcy Hall to the U.S. District Court for the Eastern District of New York, Luis Felipe Restrepo to the U.S. Court of Appeals for the Third Circuit, and Kara Farnandez Stoll to the Federal Circuit. 

    On November 13, the Senate Judiciary Committee held a hearing on Joan Marie Azrack (U.S. District Court for the Eastern District of New York), Loretta Copeland Biggs (U.S. District Court for the Middle District of North Carolina), and Elizabeth K. Dillon (U.S. District Court for the Western District of Virginia). The Senate Judiciary Committee was also scheduled to vote on nine nominees, but they were held over at the request of Senator Grassley (R-Iowa).

  • November 10, 2014

    by Caroline Cox

    In the Los Angeles Times, David G. Savage and Timothy M. Phelps argue that President Obama is unlikely to change the ideology of the Supreme Court with the new Republican Senate. ACS President Caroline Fredrickson is quoted in the article.

    Noah Feldman examines the newest challenge to the Affordable Care Act before the Supreme Court this term in Bloomberg View.

    In the Detroit Free Press, David H. Gans argues against the decision of U.S. Sixth Circuit Court of Appeals Judge Jeffrey Sutton that upheld same-sex marriage bands in four states.

    Jessica Eaglin writes at the blog for the Brennan Center for Justice on California’s Proposition 47 and the attempt to slow mass incarceration.

    At The Atlantic¸ Matt Ford explains why the Supreme Court may not have to rule on same-sexmarriage. 

  • November 7, 2014

    by Caroline Fredrickson, President, American Constitution Society for Law and Policy. Follow her on Twitter @crfredrickson. This piece originally appeared on The Huffington Post.

    Many may despair -- believing the next two years in Washington will be a long slog of tiresome partisan fights with no positive action to improve the lives of Americans. But moping is the last thing progressives should be about.

    Let's talk judicial nominations. Federal courts are vital -- they decide pressing matters every day, whether they are challenges to employment discrimination, corporate malfeasance, or immigration appeals. Do we just throw our hands up on judicial nominations, buying into a lazy argument that nothing much can be done now with a Senate controlled by Republicans? There likely are many important policy matters that will be shelved. But it doesn't have to be that way with judicial nominations. On this front there's work to be done and it can be achieved with an energetic attitude -- not apathy.

    There are 64 vacancies on the federal bench and if we give up on the federal courts that number will spike and we'll have judges with outlandish caseloads and Americans with a sluggish, inefficient court system. Part of the Senate's job is to confirm judges to ensure our country has a well-running judicial system. We know all too well that for much of Obama's presidency, Senate Republicans have obstructed the process, slow-walked the president's nominations while arguing everything was just fine. Republican leaders who will take control of the Senate in the New Year are talking about cooperation and working with President Obama, but let's be ready to hold them to their words.

    Some of the current vacancies can and should be filled during the lame-duck session. Democrats in the Senate need to get over the outcome of the midterm elections in quick manner and fill 25 vacancies, which can be done -- with the right attitude. There are 16 judicial nominees who have been approved by the Senate Judiciary Committee and are ready for up-or-down votes on the Senate floor. There's no excuse for letting those nominees languish. There are also nine nominees, who have had hearings before the Senate Judiciary Committee. The Committee should move those nominations to the Senate floor as soon as possible. This is doable in the lame duck.

    And then the next two years -- again no time for dwelling on what could have been. The Senate Republicans may turn back to their obstructionist ways -- let's hope not. Maybe they'll surprise us on the judicial nominations front and realize this is an area for cooperation. But if not, progressives must be ready to push back and keep up the pressure, reminding as many Americans as possible of the great importance our judicial system is to a well-functioning democracy.

  • November 6, 2014

    by Caroline Cox

    Timothy M. Phelps writes in the Los Angeles Times on President Barack Obama’s fading opportunity to influence the ideology of the judiciary.

    At the Harvard Law & Policy Review, Matthew Skurnik considers the worth of a Supreme Court ruling on same-sex marriage.

    Jess Bravin reports for The Wall Street Journal on Chief Justice John Roberts’ remarks at a celebration for the 800th anniversary of the Magna Carta.

    In The New York Times, Adam Liptak reviews the oral arguments for Yates v. United States, which has the Supreme Court considering whether a fisherman can be convicted of violating a federal law aimed at white-collar crime for throwing back undersized fish into the Gulf of Mexico.

    Richard Re at Re’s Judicata lists the top ten moments during oral arguments, which proved to be “hilarious, insightful, and sometimes surreal.”

  • November 4, 2014

    by Caroline Cox

    Justice Watch, the blog for Alliance for Justice, explains why a Republican-controlled Senate does not necessarily doom the judicial confirmation process for Obama-nominated judges.

    Jeffrey Rosen has a less optimistic view, and argues in The New Republic that the death of a justice during a Republican Congress would lead to disaster.

    Russel Berman reports in The Atlantic that a challenge to the filibuster survived a recent Supreme Court challenge.

    At SCOTUSblog, Amy Howe discusses Zivotofsky v. Kerry, the Jerusalem passport case, and what yesterday’s oral argument signals about how the Supreme Court will decide the case.

    Irin Carmon of MSNBC reports on the numerous ballot measures that challenge reproductive rights throughout the country.