October 16, 2009
THE 'CONFIRMATION WARS' AREN'T QUITE OVER.... Back in March, President Obama nominated David Hamilton for the 7th Circuit Court of Appeals. Given Hamilton's record of moderation, the White House said the nomination was intended to send a signal that the process of filling judicial vacancies need not be contentious. "We would like to put the history of the confirmation wars behind us," one aide said.
Did it work? Not even a little. Republicans and far-right activists flipped out and seven months later, the Senate still hasn't voted up or down on Hamilton's nomination. Conservatives, in other words, have sent a very different signal: the confirmation wars aren't even close to being finished.
As Michael Fletcher reported today, it's part of a larger problem the White House would be wise to address.
During his first nine months in office, Obama has won confirmation in the Democratic-controlled Senate for just three of his 23 nominations for federal judgeships, largely because Republicans have used anonymous holds and filibuster threats to slow the proceedings to a crawl.
But some Democrats attribute that GOP success partly to the administration's reluctance to fight, arguing that Obama's emphasis on easing partisan rancor over judgeships has backfired and only emboldened Senate Republicans.
Some Republicans contend that the White House has hurt itself by its slow pace in sending over nominations for Senate consideration. President George W. Bush sent 95 names to the Senate in the same period that Obama has forwarded 23.
"I commend the president's effort to change the tone in Washington," said Wade Henderson, executive director of the Leadership Conference on Civil Rights. "I recognize that he is extending an olive branch to Republicans on the Judiciary Committee and in the Senate overall. But so far, his efforts at reconciliation have been met with partisan hostility."
There are 90 judicial vacancies waiting for confirmed judges, and the political delays are having predictable real-world consequences: backed up caseloads nationwide. There's also the ideological shift to consider -- given that Bush stacked the courts as aggressively and as quickly as he could with the most conservative jurists he could get away with. Obama's desire for a less contentious process risks missing an opportunity to move the judiciary in a slightly more progressive direction.
White House officials expect things to pick up soon, and here's hoping they're right. As the Alliance for Justice's Nan Aron noted, "It is incumbent on the Democrats and the White House to push as hard as they can to confirm judicial nominees, given that next year Republicans will make an all-out effort to block candidates as a means to gin up their base before the election."
The Senate Democratic caucus has 60 members, and the Senate Republican caucus hopes to block or delay every judicial nominee. There's no excuse for failing to get the process moving quickly -- Dems may not get a chance like this one again for a long time.
—Steve Benen 10:40 AM
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There's no real excuse for the Democrats at all at this point, is there? It's hard not to get the impression that they have always been looking for reasons to fail.
Posted by: soullite on October 16, 2009 at 10:43 AM | PERMALINK
Liberal incompetence is one of conservatism's secret weapons.
Posted by: Al on October 16, 2009 at 10:46 AM | PERMALINK
I'm sure those "grass-roots" organizations that mobilized during W's term to get nominees an up or down vote quickly will be working hard to get this new batch of nominees a vote in the Senate.
Okay. Not.
Posted by: g on October 16, 2009 at 10:48 AM | PERMALINK
Recess appointments.
Posted by: Michael W on October 16, 2009 at 11:00 AM | PERMALINK
I actually agree with Al's post. First. Time. EVAH.
Posted by: Bobo Teh Clown on October 16, 2009 at 11:12 AM | PERMALINK
Is Dawn Johnsen ever going to take office?
Posted by: mcc on October 16, 2009 at 11:13 AM | PERMALINK
Actually, Al, conservatism's secret weapon is shameless dishonesty and hypocrisy.
I suppose that is all you have when you have no ideas and a failed agenda. That, and a remarkable ability to deny reality.
Posted by: GiggsisGod on October 16, 2009 at 11:13 AM | PERMALINK
all the themes this AM remind of the essay i read last night from the online "london review of books" by David Bromwich -- as usual in the LRB, very elegant and very cynical, and not the whole story... still...
life these days is slogging knee deep thru thick mud with the Dims while the Repugnants stand on the sidelines and yell obscenities... if one quit the Dims and Obama one would be outta the mud and away from the obscene Repugnants, but perhaps float right off the planet too.
the only game in town sucks.
Posted by: neill on October 16, 2009 at 11:19 AM | PERMALINK
It is very foolish for the Obama Administration to continue seeking civility, sanity, or any other quality from Republicans: they are all slime. There is no reason whatsoever for the Democratic majority to consider Republicans' input on judicial or any other nominations. GOP has had its chance and utterly rejected working together in the interests of the nation.
Posted by: bob on October 16, 2009 at 11:45 AM | PERMALINK
Is there no way to get rid of this 'anonymous hold' crap? I thought the 'manly men' of the GOP were all about accountability.
Posted by: dcsusie on October 16, 2009 at 11:45 AM | PERMALINK
Here lets say that one more time:
"It is very foolish for the Obama Administration to continue seeking civility, sanity, or any other quality from Republicans: they are all slime. There is no reason whatsoever for the Democratic majority to consider Republicans' input on judicial or any other nominations. GOP has had its chance and utterly rejected working together in the interests of the nation."
Its like trying to reason with a drunk, it just doesn't work.
Posted by: Henk on October 16, 2009 at 11:53 AM | PERMALINK
"conservatism's secret weapon is shameless dishonesty and hypocrisy"
Hardly secret. I think the secret is the hold they have over the Democrats. What the hell is that?
Posted by: Bob M on October 16, 2009 at 12:00 PM | PERMALINK
Let's remember that when Clinton was president that the Repiglicans did exactly as they are doing now. At that time pigshit Hatch was the chairman of the Judiciary Committee. He stalling tactics got so, so bad that, at that time, the chief of the U.S. Supreme Court, a repiglican, spoke out publically against Hatch for what he was doing. And, just like repiglicans always do, Hatch ended up in a sniveling tirade at Renquist.
Posted by: stormskies on October 16, 2009 at 12:27 PM | PERMALINK
Alliance for Justice's Nan Aron noted, "It is incumbent on the Democrats and the White House to push as hard as they can to confirm judicial nominees, given that next year Republicans will make an all-out effort to block candidates as a means to gin up their base before the election."
Yep. This argument, in fact, goes for EVERYTHING that Obama and the Dems want, just replace "confirm judicial nominees" with "pass legislation" and "block candidates" with "kill everything" in the above sentence.
Those huge majorities won't always be there, take advantage NOW!!!
Posted by: Hannah on October 16, 2009 at 12:33 PM | PERMALINK
Conservatism's secret weapon is shameless dishonesty and hypocrisy . . . Conservatism's two secret weapons are shameless dishonesty, hypocrisy, and liberal incompetence . . . Conservatism's three secret weapons are . . .
Posted by: Cardinal Fang on October 16, 2009 at 12:42 PM | PERMALINK
I certainly agree that the D's need to recognize that the R's have no intention of being the loyal and constructive opposition, and thus need to adapt appropriately. However, I think this is hindered somewhat by the D's generally operating with a sense of honor, integrity and respect for institutional norms and standards.
Unlike W campaigning with the false promise of being a "uniter not a divider", Obama's campaign promise of working toward bipartisan solutions and trying to end the partisan gridlock in DC was sincere and he has certainly made efforts to do just that. Obviously that hasn't worked out because he is dealing with an opposition that has no shame. The R's don't operate with honor and integrity and would rather go scorched-earth and blow things up than work toward solutions that benefit the country.
The D's have been weak-kneed and need to wake up and slap back and are not without blame, but also, the R's need to be called out for the dishonorable liars they are.
Posted by: GiggsisGod on October 16, 2009 at 12:49 PM | PERMALINK
I second the motion about recess appointments, but unfortunately, they are only good until the next Congress gets sworn in. Then they come up for a vote or something.
My question is what happens to the recess appointments after the next Congress. Do they actually then get voted on or are they automatically removed? If the former, then the Republicans can't do a whole lot unless they take back the Senate. A filibuster would allow them to stay in place, and a vote would install them permanently. It would be one way of overcoming a filibuster and the holds on nominees.
Posted by: Texas Aggie on October 16, 2009 at 3:04 PM | PERMALINK
re: mcc -- Yes, what about Dawn Johnson? And why does Obama seem to recoil from getting tough? We know he can move political mountains: he, perhaps the least likely of all, won the election! Fair and square! As I recall, when momentum started to build and there were mixed messages/contradictions in his campaign, he stepped in, took charge and righted the staff boat (unlike Hillary, who left details to the uninformed and incompetent Mark Penn). So where is Obama now? Does anyone have a clear idea of what "The President's Health Care Plan" is? Sure, he says he'd like a public option, but what is he willing to go to the mat for?
Posted by: SF on October 16, 2009 at 4:19 PM | PERMALINK
How about the Senate having a Justice Day where the Dems vote to confirm all the judge nominees waiting 3+ months?
The Dems have 60 votes, and doing them all on one day would avoid the piddling sniping that Repubs throw at individual nominees. Let the Dems make it clear that they are fighting obstructionism.
Posted by: Jim Lund on October 16, 2009 at 4:25 PM | PERMALINK
i got the impression from the wapo article that the white house still finds some value in bipartisanship...i have no idea why
Posted by: dj spellchecka on October 16, 2009 at 4:30 PM | PERMALINK
arguing that Obama's emphasis on easing partisan rancor over judgeships has backfired and only emboldened Senate Republicans.
no shit. it was, and remains stupid on the face of it for obama and his minions to think for a second anything productive could ever come out of trying to rationalize with Troglodytes.
Posted by: pluege on October 16, 2009 at 5:54 PM | PERMALINK