OurFuture.org Blogs: Rebecca Lehrman

Obama’s First Judicial Nominee Confirmed (5 Months Later)

Rebecca Lehrman — Sat, 21 Nov 2009 14:44:34 -0800

Judge David. F. Hamilton was confirmed Thursday in the Senate to the Seventh Circuit Court of Appeals 59-39, after breaking a conservative filibuster Tuesday and persevering through a painstakingly delayed process. Senate Judiciary Chairman Leahy (D-Vt.) made the following statement:

“This is a nomination that should be confirmed and should have been confirmed months ago. David Hamilton is a fine judge and will make a good addition to the United States Court of Appeals for the Seventh Circuit."

Judge Hamilton had the support of both his home state Senators – Senator Lugar, the longest-serving Republican in the Senate, and Senator Bayh, a well-respected moderate Democrat. He was rated “well qualified” by the American Bar Association, and his nomination cleared the Senate Judiciary Committee in June. But despite all this, conservatives had since prevented a final vote, arguing Hamilton was too liberal.

Judge Hamilton is Obama’s seventh nominee to lower federal courts to secure confirmation, though Obama he has sent 27 nominees to the Senate so far. By the end of their first terms, 28 of Bush’s nominees had been confirmed, 27 of Clinton’s nominees had been confirmed, and 42 of Reagan’s nominees had been confirmed.

Sen. Cardin (D-Md.) pointed out: "The president has been more deliberative in sending forward nominations." But, he acknowledged, "we would be well ahead of schedule ... if the Senate would have confirmed those approved" on the committee level.

The Senate conservatives have been doing their best to obstruct Obama’s judicial nominees, and it is taking a toll on American justice. The protracted pace of judicial confirmations is outrageous. These delays interfere with Senate proceedings, the administration of justice, and faith in Obama’s judicial nomination capacities.

President Obama has been quite prudent in his judicial nominations, taking care to reach across the aisle to work with Republican Senators and find well-qualified and bipartisan nominees. After eight years of partisan Bush nominations, the Obama administration should push to fill every judicial vacancy with the best possible judges, before the 2010 elections. We should not be deterred, and hope that conservative senators will stop saturating the Senate with filibusters and start making the progress Americans so desperately need.

Republican Flip-Flop on Filibusters

Rebecca Lehrman — Mon, 16 Nov 2009 07:51:59 -0800

Just four years ago, Republicans used every opportunity to decry filibusters as an unconstitutional procedure that they would never use. They even threatened to use the “nuclear option” to eliminate filibustering altogether. They were resentful of the small number of Democrat-led filibusters of extreme right-wing judicial nominees submitted by President W. Bush, most of whom were ultimately appointed. One phrase was every Republican senatorial lip: all the nominees deserved a fair up-or-down vote.

Sen. Christopher "Kit" Bond (R-Missouri):
"It is a perversion of the intent of the Constitution and, if its use in this manner is not abandoned, then we must take steps to wipe it from the books. . . . A 60-vote standard is contrary to the Constitution."

Sen. James Inhofe (R-Oklahoma):
This outrageous grab for power by the Senate minority is wrong and contrary to our oath to support and defend the Constitution."

Yet, now that the tables have turned, Republicans can’t seem to stop gumming up the works. The number of Democratic filibusters can be considered nothing more than modest relative to Republican overuse now.

Source: TPMDC

The GOP is a party of obstruction. In fact, the current 111th Congress may break the record number of filibusters for a two-year session by the end of the first term. Less than a year in, fifty-eight cloture motions have been filed so far.

The filibuster has metastasized from a procedure that was infrequently invoked to almost a de facto course of action for any legislation. Cloture motions have practically become the only way to further legislation, so that 60 has become the new 51. They have gone from renouncing the filibuster, to embracing it as their handy tool. The minority has stubbornly placed itself in front of legislation, both controversial and uncontroversial. Republicans are abusing the system and are obstructing the passage of important legislation that the majority of the American people support. Congress has somehow found itself in the middle of a tyranny of the minority.

One prominent example is the current debate over health care. The House’s Affordable Health Care for America Act passed by a majority vote of 220-215. But a majority vote in the Senate is not enough as 60 has become the standard. Debate has yet to begin for the Senate bill, and the general statement that the ruling will be made by Christmas is tentative and hopeful. We can be sure to expect Republicans to push for as many delays as possible, and some people say we can expect as many as three cloture votes. Senator Lieberman has already threatened to support a filibuster to prevent any public option from reaching debate.

Republican senators who once condemned the filibuster now use it more than ever before. They called for its abolishment, but now call on it excessively. It is a despicable practice that is obstructing legislation that the majority of Congress and the American people support. Congress must end their excessive use of the filibuster so that America can stop being stalled and move forward

The Republican Party Is a Party of ‘NO’

Rebecca Lehrman — Thu, 05 Nov 2009 11:52:07 -0800

The Republicans in Congress are at it again, stonewalling everything. Last time we called it “block and blame.” Stop everything, then blame the Democrats for getting nothing done.

Republicans last year in the 110th Congress filibustered more legislation, and required more cloture votes to break those filibusters, than any Congress in history. The tactic was used to stall and halt key legislation, and give Congress the stigma of a “do-nothing Congress.” As former Republican Sen. Trent Lott remarked, “The strategy of being obstructionist can work or fail...and so far it's working for us.”

Now there is a new form of obstructionism in the Senate. Senate Republicans have been blocking the confirmation of a large number of the Obama administration’s nominees, and it’s not because of past scandal or competency worries, but mainly because of egregious holds that have little to do with their politics or suitability for the position.

Holds on nominations are certainly not, on their own, an audacious tactic. Used reasonably, they allow Congress time to more comprehensively question a nominee’s legitimacy. But the current practice by Republicans of extensive use for uncertain duration for even the most qualified and uncontroversial of Obama’s nominees is pure obstructionism.

Sen. Arlen Specter (D-Pa.) chastised his former party on Fox News Sunday morning, saying there's no working with the GOP.

"On the Republican side, it is no, no, no. A party of obstructionism," he said.

In years past, uncontroversial nominees who received bipartisan support made it easily through Senate confirmation. But nowadays uncontroversial nominees are simply pawns in the larger war against Obama’s agenda. By preventing the confirmation of almost all nominees, Republicans are forcing Sen. Reid to negotiate or waste floor time on each unreasonable count of obstructionism.

During President Bush’s time, only a handful of partisan nominees received opposition, and the filibuster was used as an extreme of last resort. By Sen. Reid’s count, the Senate has confirmed 366 Obama nominees. In contrast, by their first term, Bush had 421 nominees in place, Clinton had 379 nominees, and 480 of President Regan’s nominees had been confirmed. 53 of Obama’s nominees are still waiting for a full Senate vote, and another 175 are pending in committee. Furthermore, since its conception in 1949, cloture votes have been forced on only 24 nominees, but in the first nine months of the Obama administration there have been 5 such cloture votes.

Sen. Reid spoke on the floor last week:

"I would try to explain the Republican reason for their refusal, but as with so many other things they oppose, a rationale simply doesn’t exist. Senate Republicans are simply so opposed to everything – absolutely everything – that they even oppose putting people in some of the most important positions in our government.

Democrats, on the other hand, believe that those who have chosen to serve our country must be able to get to work without delay.

M. President, perhaps those watching and listening think this is how the Senate always operates. It is not."

Last week, Obama declared a national emergency after the flu outbreak, and yet the Senate has yet to confirm Dr. Regina Benjamin as the surgeon general. Well-qualified nominees who receive bipartisan support should be able to be rewarded with a smooth Senate confirmation process. The unchecked use of “block and blame” methods poses precarious consequences. These obstructionary tactics are unprecedented for both parties and the practice needs to stop. The Republicans need to stop furthering their political interests and begin to concern themselves with American interests. Obstruction hinders progress; well-qualified candidates should be supported and not tied up in encumbering red-tape while our country continues to suffer.