Sen. Paul Rand

  • February 16, 2012

    by Nicole Flatow

    This morning, The New York Times’ Gail Collins adds to the commentary on Adalberto Jose Jordán’s long and obstruction-filled road to confirmation in a facetious column describing her “shock” at Congress’ deep unpopularity. And she means deep unpopularity. As in, “Unpopular like the Ebola virus, or zombies. Held in near-universal contempt, like TV shows about hoarders with dead cats in their kitchens.”

    Jordan’s nomination, she writes, is the latest example of Congress’ so-called “bipartisan cooperation.” She explains:

    This week, the Senate confirmed Judge Adalberto Jose Jordan to a seat on the federal Court of Appeals for the 11th Circuit in Atlanta. A visitor from another country might not have appreciated the proportions of this achievement, given the fact that Jordan, who was born in Cuba and who once clerked for Sandra Day O’Connor, had no discernible opposition.

    But Americans ought to have a better grasp of how the Senate works. The nomination’s progress had long been thwarted by Mike Lee, a freshman Republican from Utah, who has decided to hold up every single White House appointment to anything out of pique over ... well, it doesn’t really matter. When you’re a senator, you get to do that kind of thing.

    This forced the majority leader, Harry Reid, to get 60 votes to move Judge Jordan forward, which is never all that easy. Then there was further delay thanks to Rand Paul, a freshman from Kentucky, who stopped action for as long as possible because he was disturbed about foreign aid to Egypt.

    All that is forgotten now. The nomination was approved, 94 to 5, only 125 days after it was unanimously O.K.’d by the Judiciary Committee. Whiners in the White House pointed out that when George W. Bush was president, circuit court nominations got to a floor vote in an average of 28 days.

    No matter. Good work, Senate! Only 17 more long-pending judicial nominations to go!

    In an effort to move another one of those long-pending nominations, Senate Majority Leader Harry Reid filed a motion yesterday to force a vote on federal prosecutor Jesse Furman, nominated to a trial court seat in the Southern District of New York.

    Senate Judiciary Committee Chairman Patrick Leahy had this to say about a week spent overcoming filibusters of judicial nominees:

  • February 25, 2011
    Guest Post

    By David M. Uhlmann, the Jeffrey F. Liss Professor from Practice, and Director of the Environmental Law and Policy Program, University of Michigan Law School.
    Over the last 40 years, the United States has amassed a remarkable record of environmental, health, and safety accomplishments-with cleaner air and water, safer food, less dangerous cars, and overall a much higher quality of life for most Americans. It no longer physically hurts to breathe the air in major American cities, as it did in Los Angeles during the 1970's. The indelible image of the Cuyahoga River on fire, which burned as it passed through Cleveland during the 1960's, is now a distant memory.

    America today is better and stronger than it was 30 or 40 years ago as a result of the changes brought by our environmental, worker safety, and food and drug laws. In the span of a generation, we have outlawed lead in gasoline and paint, cars without seatbelts, and red dye number two in food. We have engineered startling health and safety advances from air bags and catalytic converters to scrubbers on smoke stacks and the elimination of chemicals like Freon that were burning a hole in the ozone layer.

    Yet it is unlikely that any of the health and safety gains we have enjoyed would have been possible under legislation proposed by Senator Rand Paul called the "REINS Act," which would strip federal agencies of the authority to implement environmental, public health, and safety protections unless a majority in both the House and the Senate approved the rules and they were signed by the President. The REINS Act is described as an effort to increase accountability and transparency in the regulatory process, but as with other "regulatory reform" measures, the high-minded rhetoric glosses over what is a cynical attempt to block further environmental, public health, and safety protections.

    We can and should ensure that we regulate American businesses only when necessary to meet broader societal objectives like limiting harmful pollution or preventing worker injuries or reducing motor vehicle deaths. For that reason, the Executive Branch only has the power to regulate when Congress passes laws that confer regulatory authority. As a further protection against unwarranted regulation, the Congressional Review Act allows Congress to veto any regulations that a majority in both Houses deem unacceptable. Congress also retains its authority to limit funding for marginal regulatory programs and to enact new laws if it believes regulatory protections are no longer necessary.