Editore"s Note
Tilting at Windmills

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July 30, 2010

IF SESSIONS WANTS TO COMPARE, WE CAN COMPARE.... Yesterday, Senate Democrats tried to win confirmation for 20 pending judicial nominees, nearly all of whom enjoyed bipartisan support at the committee level, and all of whom have run into needless Republican obstructionism. How many of the 20 were approved yesterday? None -- Sen. Jeff Sessions (R-Ala.) blocked all of them.

"President Obama's nominees are moving considerably faster ... than President Bush's nominees," the right-wing Alabaman said on the floor. Senate Dems put together this fact-checking video, which makes plain that Sessions either doesn't know what he's talking about, or he's deliberately trying to deceive, hoping those listening don't know the difference between fact and fiction.

The White House has faced some criticism, much of it deserved, for not being more aggressive in sending judicial nominees for consideration. But it's certainly not the administration's fault that the Senate confirmation process is effectively broken, with Republicans using filibusters and holds to block votes on qualified would-be jurists.

The Center for American Progress released a report this morning, and the results are both striking and irrefutable. Even district court nominees, whose confirmations used to be routine, are being blocked in record numbers, thanks to Republican tactics that have never even been tried in the Senate.

From the report: "Such tactics are completely unprecedented, and so are their results. Fewer than 43 percent of President Obama's judicial nominees have so far been confirmed, while past presidents have enjoyed confirmation rates as high as 93 percent. And President Obama's nominees have been confirmed at a much slower rate than those of his predecessor -- nearly 87 percent of President George W. Bush's judicial nominees were confirmed."

congressionalnomineesgraphs1.png

The report added, "It is easy to manipulate the Senate rules to create a crisis. If a minority of senators broadly object to the Senate's entire agenda, then it is literally impossible to confirm more than a fraction of the hundreds of judges, executive branch officials, ambassadors, and other nominees that each president has a responsibility to appoint, even if the Senate shuts down all other legislative business to do so."

This political paralysis is unsustainable, and it's going to get even worse if the Senate Republican caucus grows in the next Congress, as seems extremely likely.

It's ridiculous to think of a judiciary filled with recess appointments, but it may come to that.

Steve Benen 11:20 AM Permalink | Trackbacks | Comments (30)

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It's ridiculous to think of a judiciary filled with recess appointments, but it may come to that.
~~~
President Obama: Just. Do. It.

Posted by: Hmmmmm on July 30, 2010 at 11:42 AM | PERMALINK

repeating myself here...sessions isn't just your garden variety idiot...he's a garden variety idiot that the senate republicans made RANKING MEMBER of the judicial committee...

Posted by: dj spellchecka on July 30, 2010 at 11:48 AM | PERMALINK

The left blogosphere has armies of experts and accomplished professionals who continually mine data to produce reports, graphs, and other factual evidence that categorically refute Republican claims.

As these entities are not part of the establishment media, all of this wonderful information never meets the eyes of viewers who get their information from establishment media outlets.

They are not part of the 'serious' club, and such data reach the eyes of like-minded, high-information voters. As was designed and intended. Sessions et al. know this. No one with an audience will challenge them immediately nor directly with such data, thereby allowing a continuing stream of lies to go uncontested. As Cheney said, "we make our own reality."

Posted by: terraformer on July 30, 2010 at 11:53 AM | PERMALINK

A lot of things are ridiculous to think of, and the Republicans have been engaging in many of them, and they show roughly zero sign of planning to reform -- in fact, they seem to be trying to get more outrageous day by day.

When filibusters and holds are the new normal, and making nice has failed, and bipartisan outreach has failed, and giving away virtually the whole negotiating table before opening negotiations has resulted only in the Republicans refusing to vote for positions they themselves first put forward and claimed to support as recently as the day before --

I really don't see why recess appoinments shouldn't be used.

Posted by: Fleas correct the era on July 30, 2010 at 11:57 AM | PERMALINK

Republicans realized long ago that the "two sides of the story" narrative that most media subscribes to, lets them say anything without penalty. If they said the sky is green, CNN would feel obligated to report on the growing sky-color controversy. As long as media outlets feel they need to cover whatever the "other side" says, the other side can lie with impunity.

Posted by: jrw on July 30, 2010 at 12:01 PM | PERMALINK

...effectively broken...

Your meaning is clear, but isn't this an oxymoron? As in, if the process is broken, it's not effective. (But the breaking has certainly had an effect.)

dj spellchecka: "he's a garden variety idiot that the senate republicans made RANKING MEMBER of the judicial committee"

Was there any flexibility in the choice, or was Sessions a lock because of seniority rules? (Which would be an argument against seniority rules.)

Posted by: Grumpy on July 30, 2010 at 12:01 PM | PERMALINK
...makes plain that Sessions either doesn't know what he's talking about, or he's deliberately trying to deceive,

What's up with the flaky use of this "either" he's mistaken "or" deceiving BS.

The fuck is lying,,, period.
Grow a pair & say it like it is.

Whenever I see this "either...or" crap I automatically know that 99.9% of the time the prick is lying ,,, unless it's an R. Then I know he/she is always lying.

Posted by: cwolf on July 30, 2010 at 12:03 PM | PERMALINK

Reid simply should announce that the Senate will remain in session until the nominees all get votes.

Out here in the real world we have to work unpaid overtime if our assigned work isn't finished.

Posted by: SteveT on July 30, 2010 at 12:06 PM | PERMALINK

If Sessions came from a state w/a dem governor I'd say someone needs to shank him thru one of his kidneys.

I'm not kidding we need to start cutting throats.

Posted by: Mike H on July 30, 2010 at 12:10 PM | PERMALINK

Are recess appointments to the judiciary legal?

Can a Supreme be recess appointed?

If so,,, would these appointments be permanent?

If not,,, is a temporary Supreme even possible?

Posted by: cwolf on July 30, 2010 at 12:16 PM | PERMALINK

"I'm not kidding we need to start cutting throats."

Liberals can't even slice bread.

Posted by: Scawy on July 30, 2010 at 12:24 PM | PERMALINK

Naturally, a group of 7 republican senators will join with democratic senators to form a gang of 14 to solve this issue in three two one ... never.

I'm looking to you, dems of the original gang of 14 - why on earth did you sell us out, when it's obvious we wouldn't get the same courtesy in reverse?

Posted by: royalblue_tom on July 30, 2010 at 12:28 PM | PERMALINK

Why is it ridiculous to have recess appointments? Steve, you and Greg Sargent seem to have stocked up on Wimp Juice today. This is how you respond when you're in a fight. If Obama simply said "Every nominee who doesn't get a vote in 100 days (or whatever your number) will be recess-appointed", the problem would be solved.

And if I remember my Senate Rules correctly, there are even techniques that the Majority leader can use to create a recess.

Upset blog posts won't have any impact on (say) Tom Coburn. And certainly trying to reach out doesn't work. The majority party needs to stop worrying about whether the Village Media will grab for the smelling salts and start worrying about enacting their agenda.

Posted by: Woodrow L. Goode, IV on July 30, 2010 at 12:32 PM | PERMALINK

What part of "political opponents" do Democrats not understand? Yes, Virginia, your political opponents are trying to obstruct your agenda. What are you going to do about it?

There is a reason that you never hear professional athletes complain that their opponents are trying to stop them from scoring. Can you imagine if Joe Girardi complained that opposing pitchers were throwing curveballs? Or if Bill Belichick complained that the New York Jets were trying to intercept Tom Brady's passes.

Obama has 59 votes in the Senate and can't get more than 43 percent of his nominees confirmed? EPIC FUCKING FAIL OBAMA.

Posted by: square1 on July 30, 2010 at 12:43 PM | PERMALINK

Hmmm. Looking at CAP's methodology, this is not quite as clear a picture as it seems.

"All percentages reflect the total percent of nominees confirmed during an entire presidency, and do not include Supreme Court nominees, unless otherwise noted."

The apples-to-apples comparison would be to compare nominations at this point in a President's first term. Millhiser only does this for Bush 43 (52% confirmed at this point in his prsidency, nine points higher than Obama's 42.8).

There seems like a great deal of procedural roadblocking in this Congress, but this doesn't look like the data to prove it.

Posted by: Jordan on July 30, 2010 at 1:03 PM | PERMALINK

Sessions either doesn't know what he's talking about, or he's deliberately trying to deceive

Steve, stop being so goddamned wishy-washy. The asshole is lying. Period.

Obama has 59 votes in the Senate and can't get more than 43 percent of his nominees confirmed? EPIC FUCKING FAIL OBAMA.

He needs 60 votes to overcome filibusters, genius. He doesn't have them, because of the GOP's obstructionism. Try paying attention before posting comments that reveal how clueless you are.

Posted by: Screamin' Demon on July 30, 2010 at 1:10 PM | PERMALINK

"I'm looking to you, dems of the original gang of 14 - why on earth did you sell us out, when it's obvious we wouldn't get the same courtesy in reverse?"

Because they got paid. Now send in the money for the next Dem campaign.

Posted by: The Usual on July 30, 2010 at 1:12 PM | PERMALINK

Thank you, Screamin' Demon, for stating the obvious.

The vast majority of the time, Obama is clearly incapable of exerting the slightest bit of political leverage in order to get merely 1 of 41 GOP Senators to allow an up or down vote.

I am not going to bother to list the dozens upon dozens of ways that a President who controls both houses of Congress should be able to put the screws to individual Senators. Suffice it to say that if they are not readily apparent to you then you probably shouldn't be weighing in on this subject. And suffice it to say that any President who cannot employ a variety of those tactics, as needed, is doomed to EPIC FAIL.

Posted by: square1 on July 30, 2010 at 1:19 PM | PERMALINK

Because they got paid. Now send in the money for the next Dem campaign.

Exactly. And it is high time that people stop asking why the Democratic Scorpions keep acting in their natures and start asking why the Democratic Frogs keep letting the Scorpions climb on their backs.

Posted by: square1 on July 30, 2010 at 1:23 PM | PERMALINK

"which makes plain that Sessions either doesn't know what he's talking about, or he's deliberately trying to deceive,"----

Come on this is Jeff Sessions we're talking about. I would suggest the explanation is that Jeff can't count or tell time. Clearly he thinks he's living in Alabama in 1930.

Posted by: JimBob on July 30, 2010 at 1:25 PM | PERMALINK

I'm curious and cant' watch the video (work).

Did anyone take the floor after him and call him out on his bullshit? Did any Dem Senators know what he was saying was bullshit?

Dems have to refute this immediately, on the Senate floor. Otherwise, the MSM puts it out there as a credible position.

Posted by: bdop4 on July 30, 2010 at 1:26 PM | PERMALINK

Why didn't Harry Reid reset the rules at the beginning of the 111th Congress? It would have been so easy then, and so very effective. Not setting the rules, to avoid filibuster obstructionism, when it was possible, was a huge mistake.

Posted by: Goldilocks on July 30, 2010 at 1:44 PM | PERMALINK

@ grumpy "The minority party member of a committee with the most seniority is designated the ranking minority member of the committee."

kinda wrecks my joke but helps with yours..."(Which would be an argument against seniority rules.)"

Posted by: dj spellchecka on July 30, 2010 at 2:37 PM | PERMALINK

With "deliberately trying to deceive" you mean "lying". Why so coy?

Posted by: agio on July 30, 2010 at 3:13 PM | PERMALINK

Please, President Obama, just do it. Appoint them all. The party of NO is dedicated to seeing you and the country fail. So do an end run and perhaps next January, the broken senate will be repaired.

Posted by: Frances Smith on July 30, 2010 at 3:20 PM | PERMALINK

@cwolf: Thank you so much for saying it like it is. Quit saying stuff like "deliberately deceiving" because you are trying to be nice. Steve, is that what journalists are supposed to do? Is calling someone a liar out of the question? Say he is deliberately LYING. People understand that much better and it doesn't dumb down your point.

Posted by: mmw on July 30, 2010 at 3:33 PM | PERMALINK

Could all non-teenage posters please cease and desist the use of "epic" as a general purpose superlative and use of "fail" instead of "failure"? And particularly the use of both of these words together.

Thankyou.

Posted by: emjayay on July 30, 2010 at 3:46 PM | PERMALINK

Yes, recess appointments would be permitted. Like other recess appointments, they would expire at the end of the Congressional session.

Although that may work out for agency and administrative appointments, because Obama can appoint someone already working in the Agency or administration to fill a particular post, it won't work very well for federal judicial appointments. The reason is that the appointees are not already working for the administration, or for the judiciary. Generally, judicial nominees are highly qualified lawyers, or state court judges. These people already have highly regarded, well-paying careers (either as partners at good firms, or as prosecutors, or judges); they are not likely to leave their careers for a 2-year post. The only way to convince them to take such a short term appointment is that they will "likely" be confirmed with a second nomination in a new Congress. And that's not any more likely, now, is it?

Besides, "short term recess appointments" to the judiciary undermine the independence of the federal judiciary. The recess appointments will be keenly aware of the political implications of each of their cases and decisions, especially knowing that their decisions will be used against them in future confirmation hearings. That is not healthy for parties before the court, nor is it healthy for the judiciary in general.

Posted by: Rat Sass on July 30, 2010 at 3:55 PM | PERMALINK

Agree with the commenters above who are sick of Steve pussy-footing around. Grow a pair and call a liar a liar. In that vein, Blue Girl's headline was a blast of fresh air: Jefferson Beauregard Sessions III is an intentional, deliberate ***LIAR***

Posted by: Realist on July 30, 2010 at 4:15 PM | PERMALINK

Agree with the all commenter above but "I'm not kidding we need to start cutting throats."

Thank you.

Posted by: link building on July 31, 2010 at 8:52 AM | PERMALINK




 

 

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