Editore"s Note
Tilting at Windmills

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December 14, 2010

THE VACANCY CRISIS AND THE NEED FOR SENATE REFORM.... There are still political observers, in the media and out, who seem to think the status quo on filibusters, holds, and judicial nominees is normal. Dems do it under Republican presidents; Republicans do it under Democratic presidents. It's just how the process goes.

Except those assumptions are tragically wrong. What we're seeing now just isn't normal.

As the first congressional session of Obama's presidency draws to a close, what began as a slow process of confirmation has ballooned into a full-blown judicial crisis. The Senate has overseen the slowest pace of judicial staffing in at least a generation, with a paltry 39.8 percent of Obama's judges having been confirmed, according to numbers compiled by Senate Democrats. Of the 103 district and circuit court nominees, only 41 have been confirmed.

By this time in George W. Bush's presidency, the Senate had confirmed 76 percent of his nominees. President Clinton was working at a rate of 89 percent at this point in his tenure. [...]

Ronald Reagan had twice as many judges confirmed by this time in his presidency, with his 87 confirmations dwarfing Obama's total. George H.W. Bush had moved 70 judges through the Democratic-controlled Senate.

With fewer judges on staff, those left must take on that many more cases. For example, each judge on a Denver panel two robes short is responsible for 593 instead of 430 cases. The slow pace of confirmations has led to a federal judiciary with nearly one in eight seats empty, as a foreclosure crisis fueled by rampant fraud floods the courts.

For Senate Republicans, none of this matters. The key is to prevent a Democratic president from putting qualified jurists on the federal bench, and make it easier for the judiciary's shift to the right to continue unabated. As a result, qualified judicial nominees who enjoy broad bipartisan support get stuck by secret holds and pointless filibusters, not because they're undeserving, but because GOP senators would rather have a vacancy crisis than judges nominated by Obama.

As even conservative judges have insisted, these tactics are undermining the way the American system of justice functions -- or in this case, doesn't. That makes Republican petty and hyper-partisan tactics more than just a nuisance; this is arguably quite dangerous.

With that in mind, now is also a good time to mention that there's a growing push for the Senate to reform the way the institution operates, and a new initiative was launched this week called Fix the Senate Now. Among the groups involved are SEIU, the AFL-CIO, and other leading labor organizations, as well as the Sierra Club, Daily Kos, and Common Cause.

In the meantime, on the Hill, Sens. Jeff Merkley (D-Ore.) and Tom Udall (D-N.M.) are taking the lead on reforming the way the Senate does business. I'll have more on their efforts later in the week.

Steve Benen 4:40 PM Permalink | Trackbacks | Comments (11)

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Comments

He should just give all these waiting judges a Christmas present and do a mass recess appointment.

Posted by: mikefromArlington on December 14, 2010 at 4:47 PM | PERMALINK

Obama, blue doggy, is looking for a way to give the GOP more compromises to get judges placed.

Posted by: Kill Bill on December 14, 2010 at 4:50 PM | PERMALINK

Recess appointments don't work well for judges. They are temporary.

Posted by: G.Kerby on December 14, 2010 at 5:14 PM | PERMALINK

I am not sure you can recess appoint Federal Judges.

Anyway I doubt Merkley and Udall will be successful. The Senate Democrats don't want to reform the way things are done in the Senate. They like being irrelevant.

Posted by: Ron Byers on December 14, 2010 at 5:15 PM | PERMALINK

And why the hell is there no peep out of Obama? He should be shouting from the rooftops how grossly irresponsible this -- including the statistics that show just how completely partisan they are. The President simply refuses to do anything that might generate conflict, such as a strong attack with strong words, when in fact strong words inviting conflict -- in a single short sentence of blunt, one syllable Anglo-Saxon words only that will fit into the 10-second slot the late night news will allow for statements by this President -- are the only way to break into the news cycle. Continuing to deal with everything in a professorial or friendly-adversary manner guarantees that the right wing, which is not afraid of strong words, such as Boehner's "chicken crap," will control the discourse.

Yes, Mr. President, sometimes it's critically important for the good of the country to be disagreeable when you disagree. As I recall, the guy who cleared the money-changers out of the Temple didn't spend much time worrying whether he was being disagreeable.

Posted by: urban legend on December 14, 2010 at 5:20 PM | PERMALINK

Who was it yesterday who said he had a hard time sitting across from the Communist Chinese and lecturing them about how the rule of law is better than the rule of man?

If the law depends on which president appointed which judge, then our system is more broken than just the Senate.

Posted by: Seould on December 14, 2010 at 5:37 PM | PERMALINK

What about the executive leadership crisis? Seems to me that better get fixed too!

Posted by: Trollop on December 14, 2010 at 5:52 PM | PERMALINK

Seould: the law depends on which president appoints which judge. That should have been clear in 2000 when Bush won the presidential election by a 5-4 vote, and the five justices were so embarrassed by what they did that they declared that decision should not be taken as a precedent.

Posted by: Joe Buck on December 14, 2010 at 6:22 PM | PERMALINK

I remember when W was in the White House and the Dems were blocking just a few of the most extreme and unqualified judicial candidates. Every time a Repub was in front of a microphone they were demanding an "up or down vote."

Yet we don't hear a peep out of the Dems on this issue.

The Repubs realized long ago that the Judiciary was critically important. Congress may enact the laws, but the courts interpret and enforce the laws. Or not.

The GOP understands how this works. For instance, every election law in the country is irrelevant when the only votes that count are the five conservative justices on the Supreme Court.

Posted by: Bucky on December 14, 2010 at 9:41 PM | PERMALINK

@urban legend: Actually, this has been going on for a while...but why are you shifting the blame to Obama? You really think that if he stood up there and bitched that the press would care? Or would they, instead, go the Repubs and get some kind of wacky statement and then report a "he said/she said" sort of story?

The latter is what would happen. And I'm a bit ticked off that the story hasn't received a hue and cry from progressives and many liberals...but they're too busy blaming Obama.

Oh well, there's tunnel vision for you.

Posted by: Marc McKenzie on December 15, 2010 at 9:04 AM | PERMALINK

The Democrats biggest problem in the Senate is Harry Reid. He has been an incredibly incompetent Majority Leader, and I hope they have the good sense to replace him in the next session, but given their abject lack of same up to this point, I don't hold out much hope.

Posted by: karen marie on December 15, 2010 at 12:06 PM | PERMALINK




 

 

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