Elizabeth Warren: We Need to Stop Packing the Courts With Corporate Judges

[ProSense]

Elizabeth Warren: We Need to Stop Packing the Courts With Corporate Judges

—By Erika Eichelberger

On Thursday morning, Sen. Elizabeth Warren (D-Mass.) called on President Barack Obama to nominate more judges to the federal bench who have backgrounds serving the public interest instead of corporate America.

Of Obama's judicial nominations so far, just ten—fewer than four percent—have worked as lawyers at public interest organizations, according to a report released Thursday by the Alliance for Justice, a network of civil rights organizations. Only 10 nominees have had experience representing workers in labor disputes. Eighty-five percent have been either corporate attorneys or prosecutors. At an event Thursday sponsored by several civil rights organizations, including the Brennan Center for Justice and the Alliance for Justice, Warren called for more balance in the system.

"Power is becoming more and more concentrated on one side," she said. "Well-financed corporate interests line up to fight for their own privileges and resist any change that would limit corporate excess… We have an opportunity to…fight for something that balances the playing field in the other direction."

Warren noted that now is the perfect time to take up that fight. Obstruction by Senate Republicans has stalled the confirmation of many of the president's judicial nominees over the years. More federal judgeships remained vacant during Obama's first term than during President George W. Bush's, and there are still more than 50 vacancies on the federal bench that need to be filled. "So it's unsurprising that the president and a majority of the Senate gravitated to nominating corporate lawyers…that most conservative senators could not object to," Warren said. In November, however, the Senate voted to put an end to GOP obstruction by ending the filibuster for judicial nominations. Now it only takes a simple majority of the Senate to confirm nominees to the federal bench. Theoretically, that means that Obama can nominate progressive candidates with experience representing the average American, and Democrats will be able to confirm those nominees without any Republican votes.

- more -

http://www.motherjones.com/mojo/2014/02/elizabeth-warren-judicial-nominations-brennan-center

Video of Senator Warren's speech: http://www.brennancenter.org/broadening-the-bench

The AFJ report is packed full of statistics.

BROADENING THE BENCH: Professional Diversity and Judicial Nominations

<...>

So far in 2014, the outlook on nominations is bright. With his first judicial nominations of the year, President Obama has already taken a positive step toward increasing professional diversity. On January 16, the President nominated four lawyers to fill district court vacancies in Illinois, Washington, Missouri, and Nevada. All four have professional backgrounds that are currently underrepresented among federal judges: two have substantial plaintiff-side trial experience, one is a former public defender, and one is a state court judge who was previously a solo practitioner focused on criminal defense.9 With just under three years left in President Obama’s Administration, there will be ample opportunity to turn these promising nominations into the norm, rather than the exception.

II. Current Statistics: Professional Diversity and President Obama’s Judicial Nominees

This section sets forth comprehensive professional diversity statistics for President Obama’s judicial nominations, divided into five parts: (A) civil public interest and public service advocacy; (B) criminal law; (C) private practice; (D) state and federal judges; and (E) overall professional diversity statistics.

- more -

http://www.afj.org/wp-content/uploads/2014/02/Professional-Diversity-Report-020514.pdf

AFJ Report: Senate rules reform opens the door to more professional diversity among federal judges
http://www.afj.org/press-room/press-releases/afj-report-senate-rules-reform-opens-the-door-to-more-professional-diversity-among-federal-judges

[ProSense]

1. Kick! n/t

[Ichingcarpenter]

2. The MotherJones article is more balance.

For example they do give his positive side but also this



Obama recently nominated two candidates to serve on the federal bench in Georgia who raised the hackles of liberals:


Georgia Court of Appeals Judge Michael Boggs and Atlanta attorney Mark Howard Cohen. Boggs voted to keep the Confederate battle emblem as a prominent part of Georgia's state flag when he was a Georgia legislator in the early 2000s.


Cohen helped defend Georgia's voter ID law, which voting rights advocates say makes it harder for poor people and minorities to vote.

http://www.motherjones.com/mojo/2014/02/elizabeth-warren-judicial-nominations-brennan-center


Elizabeth Warren still rocks.

[ProSense]

3. "It is because of the blue-slip process, for example..."

It is because of the blue-slip process, for example, that Obama recently nominated two candidates to serve on the federal bench in Georgia who raised the hackles of liberals: Georgia Court of Appeals Judge Michael Boggs and Atlanta attorney Mark Howard Cohen. Boggs voted to keep the Confederate battle emblem as a prominent part of Georgia's state flag when he was a Georgia legislator in the early 2000s. Cohen helped defend Georgia's voter ID law, which voting rights advocates say makes it harder for poor people and minorities to vote.

Cohen used to work for Zell Miller.

Yikes!

[TheMathieu]

4. Yep.

This is perhaps more important than any other kind of diversity in our judicial branch.

But both can be easily achieved, probably moreso by appointing less corporate cronies.

[ProSense]

5. Diversity across the board matters.

This is excellent, and the timing is good.

[Tx4obama]

14. Warren never talks about the GOOD things regarding Pres Obama's nominees

... but this is the second time she has tried to put the blame on Obama instead of THE SENATORS that submit the lists of names for him to pick from.

[ProSense]

15. She was focused on another aspect of diversity,

professional.

Read her statement in comment 6.

[Tx4obama]

16. And there is nothing in her statement that blames the SENATORS...

... for not submitting the names of the kind of folks she wants nominated.

[TheKentuckian]

17. Obama's responsibility is to tell them the nominees are not acceptable and to try again.

You think the TeaPubliKlans just accept whoever we ask for? Please!

[ProSense]

18. Putting this here

because it'll be ignored. Good example of the process:

Senator Warren and Senator Markey Re-Convene the Advisory Committee on Massachusetts Judicial Nominations to Consider Boston Vacancies

Dec 20, 2013

Washington, DC - United States Senators Elizabeth Warren and Edward J. Markey today announced that the Advisory Committee on Massachusetts Judicial Nominations will re-convene to consider applications for federal judicial vacancies in Boston, Massachusetts. Candidates interested in applying for a U.S. District Court nomination must submit their applications to the Advisory Committee by Friday, January 31st.

Earlier this year, Senator Elizabeth Warren announced the appointment of the Advisory Committee to solicit, interview, and comment on applications for federal District Court vacancies. The Advisory Committee is comprised of distinguished members of the Massachusetts legal community, including prominent academics and litigators, and is chaired by former District Court Judge Nancy Gertner.

Applications for Boston vacancies are reviewed by Massachusetts attorneys Pamela Berman, Jack Corrigan, Marianne LeBlanc, Willard P. Ogburn, and Walter Prince. In addition to these individuals, and Judge Gertner, Dean Camille Nelson of Suffolk University Law School, Professor Mary Sarah Bilder of Boston College Law School, Professor Andrew Kaufman of Harvard Law School, and attorney Mike Mone representing the Massachusetts Bar Association will review all applications.

Interested candidates may access an application here, and questions may be directed to Judge Gertner at [e-mail]. Applications must be completed and received by January 31st, 2014.

http://www.warren.senate.gov/?p=press_release&id=307

Senator Warren Applauds Nomination of Judge Leo T. Sorokin to U.S. District Court

Judge Sorokin Recommended By Warren Advisory Committee on Massachusetts Judicial Nominations

Dec 20, 2013

BOSTON - President Obama has announced that he has nominated Chief Magistrate Judge Leo T. Sorokin to serve on the United States District Court for the District of Massachusetts.

Sorokin was recommended to Senator Elizabeth Warren as a top candidate to fill a federal judicial vacancy in Boston by the Advisory Committee on Massachusetts Judicial Nominations.

"I was very pleased to recommend Chief Magistrate Judge Leo T. Sorokin to the President for nomination to a District Court vacancy in Boston," Warren said. "His years of experience as a Magistrate Judge with the U.S. District Court and his long service as a public defender will improve the professional diversity of our courts. He is highly qualified to serve on the federal bench, and will be an outstanding District Court judge."

Sorokin has served for more than eight years as a United States Magistrate Judge for the District of Massachusetts, and is currently the Chief Magistrate Judge for the District of Massachusetts. He has previously worked as a public defender and as a public and private attorney.

Earlier this year, Senator Elizabeth Warren announced the appointment of an Advisory Committee on Massachusetts judicial nominations to solicit, interview, and comment on applications for federal District Court vacancies in Springfield and Boston. The Committee is comprised of distinguished members of the Massachusetts legal community, including prominent academics and litigators, and is chaired by former District Court Judge Nancy Gertner. The Committee reviewed applications, interviewed candidates, and recommended Judge Sorokin to fill a vacancy on the District Court in Boston.

http://www.warren.senate.gov/?p=press_release&id=306

[ProSense]

6. Senator Warren Urges Greater Professional Diversity on Federal Bench

Senator Warren Urges Greater Professional Diversity on Federal Bench

Cites New Report on Corporate Lawyer Dominance of Federal Judiciary, Calls for More Nominees With Broad Legal Experience

Washington, DC - United States Senator Elizabeth Warren delivered remarks today on "Broadening the Bench: Judicial Nominations and Professional Diversity" at an event hosted by the Alliance for Justice (AFJ). The senator advocated for greater professional diversity of the federal bench and discussed the importance of preventing a corporate capture of the federal courts.

Senator Warren noted a report from the AFJ that shows 71% of President Obama's judicial nominees have represented primarily corporate or business clients - statistics that are broadly in line with the current composition of the federal bench. "There are some really talented judges who came from the private sector..." said Senator Warren. "But I believe that diversity of experience matters. It matters that someone has represented people other than corporate clients, that they've had real experience with people who can't afford lawyers, that they've had real experience trying to fight for the public interest."

The senator explained that for years, "the judicial nominations process was largely held hostage to an intransigent Republican minority that looked for any excuse to block President Obama's efforts to nominate federal judges," and discussed the opportunity that the Senate's rules change provides the President and Senate to ensure that the next generation of judges will represent "the best and the brightest from every corner of the legal profession."

The senator also discussed the nomination of now District Court Judge Edward Chen. "President Obama stood behind the Chen nomination," said Senator Warren. "He had to re-nominate him three times over three years before the Senate finally confirmed him. When he was sworn in, Judge Chen said that despite the obstruction that he faced during this time, he never even considered withdrawing from consideration... because, ‘the federal bench is not just for people from large corporate law firms, or who represent only the wealthy, or who never speak out, or play it safe in their careers.'"

A video of the entire event is available here.

http://www.warren.senate.gov/?p=press_release&id=351

[Jesus Malverde]

7. bump... nt

[Cha]

8. Somebody posted

that you "whitewashed" your thread about this news. lol paranoid much?

[ProSense]

9. Yeah,

"Somebody posted that you 'whitewashed' your thread about this news. lol paranoid much?"

...I was busted: http://www.democraticunderground.com/10024455380#post10

[Cha]

10. Thanks I just

called him on it too.

"whitewash"

[Cha]

13. "whitewash"?

[Cha]

12. I didn't mean to reply

Last edited Thu Feb 6, 2014, 09:36 PM - Edit history (2)

to myself!

[Whisp]

11. K&R