Filibuster Reform 2.0, Coming Soon to the Senate

[DonViejo]

By David Weigel

The Senate rule change that allowed D.C. Circuit judges to beat filibuster votes really did make it easier to confirm most nominees. It did remove a tool that Republicans had been using to stop the most important lower bench in the country from being filled up with Democrats. But it didn't take away their ability to block nominees to other courts.

And so, below the radar, Republicans have started boycotting the hearings that allow the nominees to start down the road to confirmation. It happened again today, when a Judiciary Committee hearing on nominees to fill slots in Kansas, Maine, Maryland, and California was canceled. It's possible for a senator to "blue-slip," or hold, a nominee from his state. But Maryland and California are represented by Democratic senators only. The majority party saw this as an act of aggression.

Cue Pat Leahy, committee chairman and Senate president pro tempore.

Just last week, Republicans prevented the Judiciary Committee from holding an executive business meeting to consider 18 highly qualified nominees, including two Texas U.S. Marshals. Those two nominees should have been approved by the Committee last month, but Republicans failed to attend the meeting to report their nominations. As Chairman of the Judiciary Com­mittee, I have consistently shown my commitment to work with all Senators to process nominations. This obstruction sets back the bipartisan cooperation we have seen in recent weeks on such legislative matters as the budget, the defense authorization bill, and the Farm Bill. If this obstruction continues with respect to judicial nominees, I will be forced to reconsider long-held policies that have upheld the rights of the minority party in this process.

Democrats paid basically zero political cost for the first round of filibuster reform. What's to stop another round?

###

http://www.slate.com/blogs/weigel/2013/12/18/filibuster_reform_2_0_coming_soon_to_the_senate.html?wpisrc=newsletter_jcr:content

[Gothmog]

1. The Blue Slip process is crazy (I live in Texas)

This process must also be modified in that Cornyn and Carnival Cruz are not approving judges and so there are some judicial emergencies pending in Texas

[Gothmog]

4. Texas Judicial vacancies

Here are the pending Judicial vacancies in Texas. No one has been nominated to replace any of these judges due to the refusal of Cornyn and Carnival Cruz to issue blue slips

05 - CCA Garza,Emilio M. Senior 08/01/2012
05 - CCA Benavides,Fortunato P. Senior 02/03/2012
05 - TXE Ward,T. John Retired 10/01/2011
05 - TXE Folsom,David Retired 03/17/2012
05 - TXN Means,Terry Senior 07/03/2013
05 - TXS Tagle,Hilda G. Senior 12/31/2012
05 - TXS Hoyt,Kenneth M. Senior 03/02/2013
05 - TXS Jack,Janis Graham Senior 06/01/2011
05 - TXW Furgeson Jr.,W. Royal Senior 11/30/2008

[Tx4obama]

7. Obama did get some Texas District judges confirmed 'before' Cruz became a senator

Fifth Circuit Court of Appeals - Obama: TWO
https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Fifth_Circuit#Current_composition_of_the_court

Eastern District - Obama: ONE
https://en.wikipedia.org/wiki/United_States_District_Court_for_the_Eastern_District_of_Texas#Current_judges

Northern District - Obama: NONE
https://en.wikipedia.org/wiki/United_States_District_Court_for_the_Northern_District_of_Texas#Current_judges

Southern District - Obama: FOUR
https://en.wikipedia.org/wiki/United_States_District_Court_for_the_Southern_District_of_Texas#Current_judges

Western District - Obama: ONE
https://en.wikipedia.org/wiki/United_States_District_Court_for_the_Western_District_of_Texas#Current_judges


But you are correct that currently there are NO pending Texas judicial nominees, hopefully President Obama will nominate some after the first of the year

https://en.wikipedia.org/wiki/List_of_federal_judges_appointed_by_Barack_Obama#District_courts

[Tx4obama]

2. Good to see the media finally noticing this. But the first time it happened was NOVEMBER 21st

Last edited Wed Dec 18, 2013, 11:13 PM - Edit history (2)

November 21st a quorum was not present at the Senate Judiciary Committee executive meeting because the republicans refused to show up, so the meeting was canceled.

Here: http://www.democraticunderground.com/1251340508


So, now the GOPers have obstructed meetings/hearings THREE times: Nov 21st and Dec 12th (executive meetings) and today's judicial hearings.

------------

Announcement regarding November 21st

Results of Executive Business Meeting - November 21, 2013

The Senate Judiciary Committee held an executive business meeting to consider pending nominations and legislation on November 21, 2013. A quorum was not present, and the Committee was not able to complete action on pending matters. The meeting recessed subject to the call of the Chair.

Agenda
I. Nominations

John B. Owens, to be United States Circuit Judge for the Ninth Circuit

Michelle T. Friedland, to be United States Circuit Judge for the Ninth Circuit

Matthew Frederick Leitman, to be United States District Judge for the Eastern District of Michigan

Judith Ellen Levy, to be United States District Judge for the Eastern District of Michigan

Laurie J. Michelson, to be United States District Judge for the Eastern District of Michigan

Linda Vivienne Parker, to be United States District Judge for the Eastern District of Michigan

Christopher Reid Cooper, to be United States District Judge for the District of Columbia

Gerald Austin McHugh, Jr., to be United States District Judge for the Eastern District of Pennsylvania

M. Douglas Harpool, to be United States District Judge for the Eastern District of Pennsylvania

Edward G. Smith, to be United States District Judge for the Eastern District of Michigan

Peter Joseph Kadzik, to be an Assistant Attorney General

Robert L. Hobbs, to be United States Marshal for the Eastern District of Texas

Gary L. Blankenship, to be United States Marshal for the Southern District of Texas


II. Legislation

S.619, Justice Safety Valve Act of 2013 (Leahy, Paul)

S.1410, Smarter Sentencing Act of 2013 (Durbin, Lee, Leahy)

S.1675, Recidivism Reduction and Public Safety Act 2013 (Whitehouse)

S.975, Court-Appointed Guardian Accountability and Senior Protection Act (Klobuchar, Cornyn)

[Tx4obama]

3. Another article with a statement from Senator Grassley

Note: in the article below Grassley mentions why the GOPers didn't show up last 'month' but didn't mention last week's meeting or today's meeting.

Leahy Threatens to Change Judiciary Panel Rules to Fight Republican Obstruction (Updated)

-snip-
-snip-
-snip-
-snip-

Update 4:21 p.m.

Leahy’s ranking member, Sen. Charles E. Grassley of Iowa, issued a statement responding to Leahy’s comments, noting that a committee business meeting the Republicans didn’t attend last month fell on the same day that Reid invoked the “nuclear option.”

“There’s no doubt that after the Democrats broke the rules to change the rules, it’s going to be harder to get things done. There is only one party that voted for the irresponsible rules change,” Grassley said. “And, the fact of the matter is that given the atmosphere the Democrats created by invoking the nuclear option, nominations are going to be given added scrutiny.

Grassley repeated Republican arguments that the judicial nominations have moved along on a regular basis.

“Now, they are resorting to new threats at the committee level. It’s a sad commentary on the Democrats’ rule of the Senate and the Obama administration. They are slowly but surely taking the world’s greatest deliberative body and moving towards a majoritarian body, all in the name of rubberstamping the President’s extremely unpopular regulatory agenda,” Grassley said.

[Tx4obama]

5. More details

Patrick Leahy Threatens His Own Rules Change After GOP Blocks Hearing On Judicial Nominees

WASHINGTON -- Republicans still sore about filibuster reform dished out some payback on Wednesday by using procedural rules to prevent the Senate Judiciary Committee from meeting to confirm nominees.

Committee Chairman Patrick Leahy (D-Vt.) announced that a confirmation hearing for five district court nominees was being postponed because GOP senators had invoked the "two-hour rule" to prevent the committee from meeting beyond the first two hours of the Senate's day. The Senate came in at 10 a.m. Wednesday, and the hearing had been scheduled for 2:30 p.m.

It's the second time in a week that Republicans have invoked the otherwise rarely enforced Senate rule to jam up noncontroversial nominees awaiting votes in committee. Last Thursday, they used the rule to block the Judiciary Committee from meeting to consider 18 nominees. Lawmakers typically waive the rule at the start of the Senate's day.

-snip-

http://www.huffingtonpost.com/2013/12/18/patrick-leahy-judicial-nominees_n_4468152.html?ncid=edlinkusaolp00000003

The article also says...

-snip-

A request for comment from Sen. Chuck Grassley (R-Iowa), the ranking Republican on the committee, was not answered. But a senior GOP aide dismissed the idea that the delayed hearing was a big deal, suggesting those nominees weren't likely to receive floor votes this year anyway and would need to be resubmitted next year in the new session of Congress.

"The whole committee action was for show because all noms that don't get confirmed by the end of the session (i.e., this weekend) get sent back to the White House," the aide emailed. "This was a POINTLESS hearing."

THAT is BULL. Not all nominees are sent back to the White House at the end of a congressional session - the senate normally holds them over for the next session. It is true that a couple are sometimes sent back, but it is very few of them.
That GOP aide doesn't know what the hell he is talking about OR he is just spewing misinformation on purpose!

[Tx4obama]

6. Statement Of Senator Patrick Leahy (D-Vt.), Chairman, Senate Judiciary Committee

Statement Of Senator Patrick Leahy (D-Vt.), Chairman, Senate Judiciary Committee, On Republican Opposition To Judicial Confirmation Hearing On Consensus Nominees

December 18, 2013

(On Wednesday, Senate Republicans invoked procedural tactics to prevent the Judiciary Committee from convening a confirmation hearing for five district court nominees. The hearing was scheduled for Wednesday afternoon.)

“The Republican shutdown of the Judiciary Committee is consistent with the obstruction we have witnessed over the last five years, which has led to record high vacancies in federal courts throughout the country. Home state Senators were consulted with respect to the nominees scheduled to appear before the Committee today who, when confirmed, will fill vacancies in California, Maine and Maryland, and an emergency vacancy in Kansas. The families of these nominees invested time and personal expense to travel to Washington for this hearing, losses they will never recover. This escalating obstruction undermines the Senate’s constitutional responsibility of advice and consent.

“Just last week, Republicans prevented the Judiciary Committee from holding an executive business meeting to consider 18 highly qualified nominees, including two Texas U.S. Marshals. Those two nominees should have been approved by the Committee last month, but Republicans failed to attend the meeting to report their nominations. As Chairman of the Judiciary Com­mittee, I have consistently shown my commitment to work with all Senators to process nominations. This obstruction sets back the bipartisan cooperation we have seen in recent weeks on such legislative matters as the budget, the defense authorization bill, and the Farm Bill. If this obstruction continues with respect to judicial nominees, I will be forced to reconsider long-held policies that have upheld the rights of the minority party in this process.”

http://www.leahy.senate.gov/press/statement-of-senator-patrick-leahy-d-vt-chairman-senate-judiciary-committee-on-republican-opposition-to-judicial-confirmation-hearing-on-consensus-nominees

[mikekohr]

8. Nuke 'em again Harry. nt

[Gothmog]

9. President Obama just nominated some new Federal Judges including a judge for 5th Cir.

http://www.whitehouse.gov/the-press-office/2013/12/19/presidential-nominations-sent-senate

NOMINATIONS SENT TO THE SENATE:

Michael P. Boggs, of Georgia, to be United States District Judge for the Northern District of Georgia, vice Julie E. Carnes.

Julie E. Carnes, of Georgia, to be United States Circuit Judge for the Eleventh Circuit, vice James Larry Edmondson, retired.

Tanya S. Chutkan, of the District of Columbia, to be United States District Judge for the District of Columbia, vice an additional position in accordance with 28 U.S.C. 133(b)(1).

Mark Howard Cohen, of Georgia, to be United States District Judge for the Northern District of Georgia, vice Clarence Cooper, retired.

Gregg Jeffrey Costa, of Texas, to be United States Circuit Judge for the Fifth Circuit, vice Fortunato P. Benavides, retired.

M. Hannah Lauck, of Virginia, to be United States District Judge for the Eastern District of Virginia, vice James R. Spencer, retiring.

Leigh Martin May, of Georgia, to be United States District Judge for the Northern District of Georgia, vice Beverly B. Martin, elevated.

Eleanor Louise Ross, of Georgia, to be United States District Judge for the Northern District of Georgia, vice Charles A. Pannell, Jr., retired.

Leo T. Sorokin, of Massachusetts, to be United States District Judge for the District of Massachusetts, vice Joseph L. Tauro, retired.

James Alan Soto, of Arizona, to be United States District Judge for the District of Arizona, vice David C. Bury, retired.

Judge Costa wrote a great opinion last year striking down some GOP restrictions on voter registration in Texas but his decision was overturned by the 5th Cir. Costa had been approved by KBK and Cornyn for the District Judge slot. I wonder if the Blue Slip procedure will be challenged.