Obama Plans 3 Nominations for Key Court

[alp227]

Source: new york times

President Obama will soon accelerate his efforts to put a lasting imprint on the country’s judiciary by simultaneously nominating three judges to an important federal court, a move that is certain to unleash fierce Republican opposition and could rekindle a broader partisan struggle over Senate rules.

In trying to fill the three vacancies on the 11-member United States Court of Appeals for the District of Columbia Circuit at once, Mr. Obama will be adopting a more aggressive nomination strategy. He will effectively be daring Republicans to find specific ground to filibuster all the nominees.

White House officials declined to say who Mr. Obama’s choices will be ahead of an announcement that could come this week, but leading contenders for the spots appear to include Cornelia T. L. Pillard, a law professor at the Georgetown University Law Center; David C. Frederick, who often represents consumers and investors at the Supreme Court; and Patricia Ann Millett, a veteran appeals lawyer in Washington. All three are experienced lawyers who would be unlikely to generate controversy individually.

Several legal advocates who have been in communication with the West Wing said officials had repeatedly discussed those names in recent months.

Read more: http://www.nytimes.com/2013/05/28/us/politics/obama-plans-to-nominate-3-judges-for-key-court.html?pagewanted=all

[CaliforniaPeggy]

1. Go get 'em, President Obama!

These three sound really excellent.

[madrchsod]

2. is`t he a constitutional scholar?

maybe these people will restore the balance and the respectability of that court.

[Tx4obama]

3. Oh YES! I am SO ready for this!!! :)

[ReRe]

4. But, what will Harry do? ;-( n/t

[BlueStreak]

5. And why has he waited for 5 years?

Seat 6 has been vacant since 2005. Why was this not filled when we had 60 votes in the Senate?

Seat 2 has been vacant since October, 2011, and Obama has never gotten around to naming a nominee in 19 months??? WTF???

Seat 4 has been vacant since February 12 of this year, right about when Reid backed off the Constitutional Option for filibuster reform. Maybe I can understand that one not having a nominee yet, but the other two are inexcusable.

Obama should have had nominees on the table BEFORE Reid made his deal with McConnell regarding the filibuster. "Mitch, if you don't agree to a vote on all of these nominees, then I am moving ahead with the Constitutional Option tomorrow morning."

What a mess they made of this whole filibuster thing. Completely misplayed their hand.

[Tx4obama]

7. Regarding Seat 6: we had 60 votes in the Senate in Obama's 1st year or only a little over 2 months

Sen Franken wasn't sworn in until July 2009, and Sen Kennedy died in August 2009.
Also, don't forget that Senator Kennedy was unable to be present at Congress the last couple of months of his life.

After Senator Kennedy's death his seat was vacant for one month before a temporary replacement was sworn in - Paul Kirk (D-MA) was appointed to fill the vacancy, sworn in September 24, 2009.

The Senate was on recess for most of the rest of the year (including Thanksgiving, Christmas, New Years, etc)

Scott Brown (R-MA) took over Kennedy's seat February 4, 2010

Altogether we had a 60 vote super-majority for only a little over TWO MONTHS

[Hekate]

9. Well, if you insist on beating people down with facts...

... maybe some of them will stick in their minds where it will do some good.

Thanks. I am so tired of hearing that canard about how Obama had this monumental majority for his first 2 years in office, when it was only 2 months.

The GOP has managed to block nearly every appointment -- I'm hoping that the POTUS putting forward 3 nominations at once is a harbinger of a flood of nominations to come.

[Tx4obama]

10. Well, Obama did nominate TWO to the D.C. Court of Appeals at the same time last time.

When Obama RE-nominated Halligan (the second time in 2011) he also nominated Sri Srinivasan.

http://www.whitehouse.gov/the-press-office/2012/06/11/president-obama-nominates-two-serve-us-court-appeals-district-columbia-c


Srinivasan was confirmed last week,
but Halligan in the end asked for her nomination to be withdrawn. (See comment #8 on the thread we are on now)

Maybe this next time with THREE nominated at one time we'll get at least 'two' confirmed.

[BlueStreak]

13. He should have a nominee for EVERY vacancy, and talk about it every single day

He really can't bitch about the Senate stalling on his nominees when he doesn't even get around to naming nominees.

And in what universe it it an excuse to have not taken a vote for Robert's vacancy sometime in that 2-month window with 60 votes?

Seriously, some things are very hard in Washington. You can't afford to f### up the easy ones.

If he had done this, maybe he wouldn't have lost some of those rulings the last couple of years.

This is the kind of thing that makes me start to think that maybe Gingrich and others have a point when they say Obama just doesn't work very hard at it.

[Tx4obama]

21. Doesn't work very hard at it? Obama nominated 12 judges this month (9 female, 3 male)

Colin S. Bruce - C.D. Ill. - May 6, 2013
Sara L. Ellis - N.D. Ill. - May 6, 2013
Andrea R. Wood - N.D. Ill. - May 6, 2013
Madeline Hughes Haikala - N.D. Ala. - May 9, 2013
Gregory Howard Woods - S.D.N.Y. - May 9, 2013
Debra M. Brown - N.D. Miss. - May 16, 2013
Pamela L. Reeves - E.D. Tenn. - May 16, 2013
Elizabeth A. Wolford - W.D.N.Y. - May 16, 2013
Carolyn B. McHugh - Tenth Circuit Court of Appeals - May 16, 2013
Landya B. McCafferty - D.N.H. - May 23, 2013
Brian Morris - D.Mont. - May 23, 2013
Susan P. Watters - D.Mont. - May 23, 2013

http://en.wikipedia.org/wiki/List_of_federal_judges_appointed_by_Barack_Obama

[BlueStreak]

24. There should be nominees for EVERY vacancy. How hard is that?

It isn't as if he personally has to interview each one.

And the most important court other than SCOTUS, and he leaves 3 vacancies sitting for months or years?

No excuse for that.

I understand the Republicans want the throw their oatmeal back at him, but that is no excuse for not having nominees named. When you are dealing with these people, you have to take the issue straight at them. Otherwise you can start your lame duck period 3 years early.

Obama simply doesn't get the basics of this job.

He's done some good things. He's better than Ryan and Romney. But that isn't enough.

[Zen Democrat]

26. And Senator Byrd was incapacitated in 2009 and missed most of the Senate until his death in 2010.

[Tx4obama]

8. Also regarding Seat 6

Last edited Tue May 28, 2013, 05:28 PM - Edit history (1)

United States Court of Appeals for the District of Columbia Circuit

Caitlin Halligan (of New York), to seat vacated by John Roberts: Halligan was blocked by Senate Republicans in a mostly party-line filibuster in December 2011. Obama renominated Halligan to the D.C. Circuit in June 2012. The nomination was again returned to the President on August 3, 2012, as a result of Republicans refusing to allow the nomination to be held over during the Senate's extended summer recess. Obama renominated Halligan to the seat on September 19, 2012. On March 22, 2013, the President officially withdrew Halligan's nomination.

http://en.wikipedia.org/wiki/Barack_Obama_judicial_appointment_controversies

Obama first appointed Halligan on September 29, 2010.

... On September 29, 2010, Obama nominated Halligan to replace John G. Roberts.[14] On December 22, 2010, the Senate returned the nomination to the President, having taken no action on the nomination in the One Hundred and Eleventh Congress.

On January 5, 2011, President Obama renominated Halligan for the same post. On February 2, 2011, the Senate Judiciary Committee held a hearing on her nomination and on March 10, 2011, the Judiciary Committee reported her nomination to the floor favorably, in a 10-8 vote.[15] On December 6, 2011, the Senate failed to invoke cloture in a 54-45 vote, falling six votes short of the 60 votes needed to move forward with a floor vote on her nomination.[16] Her nomination was returned to the President on December 17, 2011, pursuant to the rules of the Senate.[17]

Halligan was renominated on June 11, 2012.[18] Two more attempts to gain cloture on her confirmation failed, and on August 3, 2012 her nomination was again returned to the White House.[19] She was renominated on September 19, 2012.[20] Her nomination was again returned to the President on January 2, 2013, due to the sine die adjournment of the Senate.

On January 3, 2013, she was renominated to the same office. Her nomination was reported by the Senate Judiciary Committee on February 14, 2013, initially in a 10-8 vote, strictly along party lines.[21] However, Sen. Lindsey Graham later changed his vote to "pass," making the final committee vote 10-7.[22]

On March 4, 2013, Senate Majority Leader Harry Reid again filed a motion to invoke cloture on Halligan's nomination.[23] On March 6, 2013, cloture failed by a vote of 51 ayes to 41 nays.[24][25] According to Senator Charles E. Grassley, one objection of Republicans to the nominee were based on the legal theory she advanced while Solicitor General of New York, which was that "gun manufacturers, wholesalers and retailers contributed to a ‘public nuisance’ of illegal handguns in the state."[26]

On March 22, 2013, Halligan requested that Obama withdraw the nomination and he did so.[27]

http://en.wikipedia.org/wiki/Caitlin_Halligan

[alp227]

11. To answer your questions...

Seat 6, vacated by now Chief Justice John Roberts, has been empty since 05 because the Senate refused to hold votes Bush nominee Peter Keisler both before and after the 2006 Democratic takeover of the senate.

The judges in seats 2 & 4 are Reagan nominees in senior status.

Obama nominated Caitlin Halligan for Roberts' seat in 2011 only to get a filibuster. A 2012 re nomination never got a vote. http://en.wikipedia.org/wiki/Barack_Obama_judicial_appointment_controversies

In 2009, when Democrats had 60 votes at some points, the senate judiciary cmte was preoccupied with the confirmation of Sonia Sotomayor to the supreme court, and nominees to every other appeals court. Remember, it takes time for administrations to find qualified judicial nominees and the senate to process them.

[Tx4obama]

16. Obama sent the Halligan nomination to the Senate 'five' times, first time was September 29, 2010

See the 2nd excerpt in Comment #8

[Firebrand Gary]

6. I'm liking this a whole lot!

I hope to see more of it.

[Up2Late]

12. GOOD! Divide and conquer I say!

I heard the court actually needs 6 new judges, or 5 if you count the one he finally got confirmed.

I think I heard some of the judges are serving part-time, waiting to be replaced, anyone else hear this?

[Tx4obama]

18. The only 'vacant' seats on the DC court are Seats #2, #4, and #6

A seat appointment can't be made until the seat is 'vacant'.

When a Judge retires into senior status they remain on the bench, but leave their seat vacant.

So, I do not know who would be 'waiting to be replaced'.

There could be more 'vacant' seats before the end of Obama's second term, but that hasn't happened yet.



Info regarding D.C. Court of Appeals here: http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_District_of_Columbia_Circuit

[Tx4obama]

23. I found something that I think you might be referring to...

-snip-

"With Srinivasan's confirmation, the circuit now has four Democratic appointees and four Republican appointees among the active judges. But another six senior judges on semi-retired status regularly hear cases, and five were nominated by Republican presidents.."

http://hosted.ap.org/dynamic/stories/U/US_OBAMA_JUDGES?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2013-05-28-17-49-12


So, there are 8 filled seats (active judges), and 3 vacant seats - and the other 6 senior semi-retired status judges hear cases BUT they do NOT have a seat any longer.

[Alhena]

14. Excellent news, but a big part of the problem is Sen. Leahy

Leahy has been allowing Republican Senators to use the "blue slip" to prevent home-state nominees they don't like from even getting to the judiciary committee. That means Obama has been forced to allow those Senators to sign off on nominees beforehand, and they refuse to even provide him with any names. Some say "just nominate someone anyway" and Obama should, but Leahy insists that he will keep letting Republican senators use the blue slip to keep them from getting a committee hearing even if Obama nominates someone.

This has long been a part of Senate rules, but it is being badly abused. There have been vacancies on Texas federal courts for over a thousand days because Sen. Cornyn just won't give any names to Obama that he is ok with.

There are three sides to this problem from the Democratic side: Obama, Reid and Leahy. There are signs that Obama and Reid are starting to "get it." Leahy needs to get on board as well or this problem can't really be solved.

[Tx4obama]

19. I do not understand why you're saying Leahy is 'allowing GOP Senators to use blue slips'

It has nothing to do with Leahy 'allowing' them to do it.

It is part of the Senate rules that they 'can' do it.

If the Senators refuse to turn in their blue slips - how do you force them to turn them in?

So, how could Leahy stop them?

[Hawaii Hiker]

15. Do we know much about Pillard, Frederick, or Millett?

Are these nominees to get excited about, like a Goodwin Liu (of course who was filibustered)...

[Tx4obama]

20. BIOs below

David Frederick: http://en.wikipedia.org/wiki/David_C._Frederick

Patricia Millett: http://en.wikipedia.org/wiki/Patricia_Ann_Millett

Cornelia T.L. ("Nina&quot Pillard: no bio on Wiki
The New York Times hyper-link for her goes to this BIO page: http://www.law.georgetown.edu/faculty/pillard-nina.cfm#

[Doctor_J]

17. The Repukes will filibuster. No judges will be seated

This theatre is getting so boring

[Tx4obama]

22. NEW article regarding the issue on the link below (the GOP is pissed)

Republicans Charge Obama With Court-Packing For Trying To Fill Empty Seats

http://www.huffingtonpost.com/2013/05/28/obama-court-packing_n_3347961.html

[usregimechange]

25. Hell yes and about time!

[sheshe2]

27. Sounds like good picks!

Go Mr. President!