Earlier this week, Sen. Tammy Baldwin (D-Wis.) keynoted the ACS Madison Lawyer Chapter’s kick-off event. In spirited remarks and thoughtful answers to audience questions, Sen. Baldwin spoke powerfully about the stalled nomination of Chief Judge Merrick Garland to the Supreme Court, the judicial vacancy crisis more broadly and the vital need for our country to move forward: “Leaving one seat vacant prevents our highest court from resolving major legal issues. It threatens the integrity of our democracy and the functioning of our constitutional government. It puts at risk the administration of justice across the country. As Justice Kagan said recently, ‘A tie does nobody any good.’ We need nine.”
Sen. Baldwin gave historical context for the current moment, noting “this year will mark the first time since 1864 that the Supreme Court has been without its full complement of Justices on Election Day next month.” She also expressed her disappointment and exasperation at the Senate Republican majority’s refusal to consider—or even hold a Judiciary Committee hearing on—Chief Judge Garland’s nomination. She described the obstruction as “wrong and deeply irresponsible, as well as “disrespectful to our Constitution, disrespectful to our president, disrespectful to this very qualified nominee and disrespectful to the American people.”
She also addressed the vacant seat—by tradition designated for a Wisconsin nominee—on the U.S. Court of Appeals for the Seventh Circuit. That vacancy is the longest running opening on the federal appellate bench, having been open since January 2010. (And the vacancy has been known since six months earlier, when Judge Terence Evans, announced his intention to take senior status at the beginning of 2010.) Sen. Baldwin discussed why it took years for the Wisconsin Federal Nominating Commission to recommend potential nominees. And she detailed the procedural delays that have kept President Obama’s nomination of Madison attorney Don Schott from receiving a vote on the floor of the Senate.