Sen. Harry Reid

  • November 21, 2013

    by Rebekah DeHaven

    Today the Senate took a historic step to change the filibuster rules for judicial nominees so that they only require 50 votes, and not 60, for confirmation. Referred to as the “nuclear option,” this rules change is a bold move by Senate leaders, and one forced upon them by obstructionist senators striving to block President Obama’s nominees. Quoting ACS President Caroline Fredrickson, “something had to give.”

    Over the course of the past month these obstructionists have halted all three of President Obama’s candidates to fill the three vacant seats on the D.C. Circuit Court. There are no credible doubts about these nominees’ qualifications. Instead, some senators tried to argue that the D.C. Circuit’s caseload doesn’t necessitate filling these vacancies, even though the Judicial Conference, headed by Chief Justice John Roberts, recommended maintaining the 11 seats on the D.C. Circuit.

    The real reason for the blockade lies in the importance of the D.C. Circuit and some senators’ desire to maintain its conservative tilt. Of the eight active judges on the court, four judges were nominated by a Republican and four were nominated by a Democrat. However, there are six senior judges, five of whom were appointed by a Republican. These senior judges routinely hear cases and participate in court decisions, so their importance should not be underestimated. Often described as the second-most important court in the country, second only to the Supreme Court, the D.C. Circuit hears many complex and regulatory cases that involve the federal government. Senate Majority Leader Harry Reid explained, “It is a troubling trend that Republicans are willing to block executive branch nominees even when they have no objection to the qualifications of the nominee... And they block qualified judicial nominees because they don’t want President Obama to appoint any judges to certain courts.” With the official government shutdown over, certain lawmakers embarked on an effort to shut down the judiciary instead.

    There are 93 current vacancies in the federal judiciary and 38 judicial emergencies throughout the country. This leaves over 10 percent of the federal judicial system vacant, hindering people’s access to the courts in a timely manner. Facing this dire reality, Senate leaders reformed the filibuster rules to ensure that President Obama’s nominees get a fair vote and are not held hostage to a partisan agenda. The change was a necessary step to stem the judicial vacancies crisis from becoming an even larger emergency in the future, and to get the confirmation process back on track.

  • July 11, 2013

    by Jeremy Leaming

    Sen. Majority Leader Harry Reid (D-Nev.) may be nearing a vote to alter procedures around the filibuster, which Senate Republicans have used over and over again to kill consideration of major legislation and seriously delay or scuttle President Obama’s nominations to the federal bench and to executive branch openings. For that matter, as former Labor Secretary Robert Reich recently wrote the Senate Republicans “have filibustered almost everything, betting that voters will blame Democrats for the dysfunction in the Congress as much as they blame the GOP.”

    Reid, according to The New York Times is considering asking his Democratic peers in the Senate to vote to “take the exceptional step of barring the minority party from filibustering presidential appointees.” The report continues, however, that such action would not “affect filibusters of legislation or judicial nominees.” At the moment there are still more than 80 vacancies on the federal bench. The vacancies have hovered at 80 or above for years now. (See JudicialNominations.org for more information about the vacancies.)  

    Yesterday, during a Senate Judiciary Committee hearing, Republicans signaled they were preparing to delay or block President’s Obama’s nominees to the U.S. Court of appeals for the District of Columbia Circuit.

    Earlier this year Reid, after threatening a similar action on the filibuster, instead entered into an agreement with Minority Leader Mitch McConnell (R-Ky.) that has been widely panned as ineffective.

    Reid, from the Senate floor, blasted McConnell for failing to adhere to the modest agreement. “Exactly three weeks after Senator McConnell committed to process nominees consistent with the norms and traditions of the Senate, he led Republicans in an unprecedented filibuster of a highly qualified nominee for Secretary of Defense,” Reid said. “Nothing could be a starker violation of a commitment to return to the norms and traditions of the Senate than launching the first-ever filibuster of a Secretary of Defense.”

    Reid ticked off other executive branch and federal agency positions that Republicans are stalling or threatening to block, such as nominations to the National Labor Relations Board (NLRB), the Consumer Financial Protection Bureau, the Environmental Protection Agency and the Department of Labor.

  • May 28, 2013

    by Jeremy Leaming

    Some beltway pundits have long-pleaded with the Obama administration to “flood-the zone,” Washington-speak – in this instance – for making a lot more nominations all at once to the federal bench.

    These pundits may have a bit to celebrate if President Obama puts forth three nominations to vacant seats on the 11-member U.S. Court of Appeals for the District of Columbia Circuit, as The New York Times reports may happen soon. That Court noted here often, is one of the more powerful among the appeals circuit courts, in part, because of the myriad and weighty constitutional concerns it rules on, many of which center on federal regulations. As The Times and many others have pointed out the D.C. Circuit has tilted rightward, thanks in part to the fact that an overwhelming majority of its senior judges are Republican-appointees. The Times noted the D.C. Circuit “has overturned major parts of the president’s agenda in the last four years, on regulations covering Wall Street, the environment, tobacco, labor unions and workers’ rights.”

    The Times reports that the potential nominees -- the White House would not comment on nominations not yet made – include three “experienced lawyers who would be unlikely to generate controversy individually.”

    But Sen. Minority Leader Mitch McConnell (R-Ky.) and Senate Judiciary Committee Ranking Member Chuck Grassley (R-Iowa) despite their protestations to the contrary have worked to stall or scuttle too many of the president’s judicial and executive branch nominations. The D.C. Circuit, at the moment is a business friendly outfit, recently issuing an opinion undermining the workers’ rights, is especially important to both leaders. Last month as Senate Judiciary Committee was conducting its hearing on Sri Srinivasan, the only Obama nominee to be confirmed the Court (finally), Grassley introduced a bill that would eliminate three judgeships on the D.C. Circuit and transfer them to the other circuit courts. In part Grassley argued that the D.C. Circuit’s caseload is light and other circuits need the judgeships more. Grassley’s effort has been blasted by the Constitutional Accountability Center’s Judith E. Schaeffer as a “ploy to give cover to Senate Republicans who have no intention of letting a Democratic president fill those three vacancies on the D.C. Circuit.”

    The right-wing editorialists at The Wall Street Journal lauded Grassley’s effort saying President Obama, upset with the D.C. Circuit’s rulings, was aiming to “pack” the Court with judges to alter its ideological make-up.

    Russell Wheeler, an expert on federal courts, disagreed in an ACSblog post, citing a 1996 speech by the late Chief Justice William Rehnquist in which he noted the right of presidents to place their imprints on the judiciary. Rehnquist, Wheeler wrote, said, “When vacancies occur … on any of the federal courts, replacements are nominated by the President, who has been elected by the people of the entire nation, and subject to confirmation by the Senate, whose members have been elected by the people of their respective states. Both the President and the Senate have felt free to take into consideration the likely judicial philosophy of federal judges.”

  • May 22, 2013

    by Jeremy Leaming

    Sen. Mitch McConnell (R-K.Y.), the chamber’s ringleader of obstruction of Obama nominations, particularly judicial ones, is whining about the possibility of Senate action that could hobble an integral tool of obstructionists – the filibuster.

    But Senate Majority Leader Harry Reid (R-Nev.) has tried to work with McConnell on this matter before and wound up with a pretty weak deal, one that McConnell would subsequently mock. Earlier in the year the two reached an agreement that was supposed to help move along some of Obama’s nominations to the federal bench, especially those to the U.S. District Courts. Since then, however, Republicans appear ready to scuttle the nominations of Thomas Perez to head the Labor Department and Gina McCarthy to lead the Environmental Protection Agency. For good measure the Senate obstructionists are also seeking to prevent the administration from filling all the vacant seats on the U.S. Court of Appeals for the District of Columbia Circuit and blocking the president’s selections to fill vacancies on the National Labor Relations Board.

    In a press statement, Reid signaled he may be ready to push for a majority vote to alter the filibuster to help change the status quo in Congress, which is gridlock. Reid noted, as many others have for some time now, that McConnell and his cohorts have changed the rules of the Senate by demanding supermajority votes to consider legislation and increasingly to kill judicial and executive branch nominations.

    Reid said:

    Due to Republican obstruction, the de facto threshold for too many nominees to be confirmed has risen from a simple majority to a supermajority of 60 votes. On judicial nominees, Republicans’ obstruction is equally unprecedented. The nonpartisan Congressional Research Service confirms that President Obama is the only president in the last three decades whose highly qualified nominees have been forced to wait more than half a year from nomination to confirmation. There is no reason to delay qualified nominees for so long except delay itself, and it is little wonder we have a judicial vacancy crisis in this country.

    McConnell took to the Senate floor, TPM”s Sahil Kapur reports, to claim that Reid’s talk of reforming the filibuster amounted to intimidation. “Their view is that you had better confirm the people we want, when we want them, or we’ll break the rules of the Senate to change to the rules so you can’t stop us,” he said.

    It’s of course McConnell and his gang who have changed the rules. Their Party failed to win enough seats to control the Senate and lost a bid to take the White House. So they’re continuing their mission to obstruct, delay and start again. Reid is the one on solid ground here. Senate Republicans and their counterparts in the House of Representatives like things just the way they are.

  • April 25, 2013

    by Jeremy Leaming

    Last year, Sen. Majority Leader Harry Reid (D-Nev.) took to the Senate floor to bemoan his Republican colleagues’ ongoing use of the filibuster to block or greatly delay the president’s nominations to executive branch agencies, the federal bench, and to defeat consideration of legislation.

    Reid then praised some of the senators who have been pushing for filibuster reform, such as Sens. Tom Udall (D-N.M.) and Jeff Merkley (D-Ore.). The plan, in part, would force senators to work harder to sustain a filibuster. Merkley calls it a “talking filibuster.” In a press release, Merkley explains how his proposed changes would blunt the use of the filibuster. (Sen. Merkley is one of the featured speakers at the 2013 ACS National Convention in June.)

    As it stands now Republicans have crafted a new norm of requiring a supermajority to end debate and allow up-or-down votes on legislation and nominations. The compromise gun bill was killed because of this new norm, though some wobbly pundits suggested the president was at fault. Indeed the late Bob Edgar blasted the use of the filibuster as essentially shutting the place down and his group lodged a lawsuit to force reform of the procedural tool.

    At the start of the 113th Congress, Merkley and other senators urged a simple majority vote to change the Senate’s rules on the filibuster. Sen. Tom Harkin (D-Iowa), said “a revolution has occurred in the Senate in recent years. Never before was it accepted that a 60 vote threshold was required for everything. This did not occur through Constitutional Amendment or through a great public debate. Rather, because of the abuse of the filibuster, the minority party – the party the American people did not want to govern – has assumed for itself absolute and virtually unchecked veto power over all legislation, any executive branch nominee, no matter how insignificant the position, and over all judges, no matter how uncontroversial.”