AFJ in the News: Congress Nears Milestone for Obstructing Judges

A MILESTONE IN OBSTRUCTION AHEAD? Senate Democrats are slamming Republicans for blocking not only a Supreme Court nomination but also those of 53 lower court nominees, according to The Hill. It cited our sister organization the Alliance for Justice saying that “Congress is on track to have the lowest number of confirmations since the session that ran from 1951 to 1952.”

A Democratic Senate majority confirmed 68 of Bush’s judicial nominees in his last two years in the White House compared to the Republican Senate majority’s confirming 22 of Obama’s judicial nominees in his last two years, noted Sen. Patrick Leahy, D-Vermont.

Although Republicans point to 327 of President Obama’s judges confirmed so far, compared to 325 for President George W. Bush, Nathaniel Gryll, AFJ’s legislative counsel, labeled that “meaningless.”  “Obama has had more judges confirmed because he’s had substantially more vacancies than Bush to fill,” Gryll explained. “At this point in their presidencies, Obama’s been tasked with filling approximately 60 more vacancies than Bush had faced.”

Two dispatches from Texas reflected the tensions mounting over judicial vacancies and political gamesmanship. “White House blasts Cruz, Cornyn for pushing Texas judges while blocking Supreme Court nominee,” The Dallas Morning News reported. A Houston Chronicle headline said, “Texas has a judge problem – not enough on the federal bench.”

THE ELECTION AND SUPREME COURT: Once again the Supreme Court has fallen by the wayside as an issue in the 2016 election, Chris Geidner wrote at BuzzFeed, as he published a timeline for upcoming dates when it might command public attention. He discussed the court’s commencing a new term on Oct. 3, the presidential debates, the possibility of a close Election Day vote for president, and what may unfold during the Senate’s lame-duck session.

Regarding the blockaded nomination of Judge Merrick Garland for the Supreme Court, The Hill reported, “Supreme Court fight colors battle for the Senate.” According to The Associated Press, “Justice Elena Kagan says the longer the Supreme Court is stuck with only eight members, the more it has to deal with the prospect of not being able to decide cases.” And The New York Times examined one appeal already on the docket for the Supreme Court this fall, “Supreme Court to Hear Case on Racial Bias Among Jurors.”

JUDICIAL DIVERSITY: The first Native American judge to serve on the Minnesota Supreme Court has taken her oath of office, The Associated Press said. Anne McKeig, formerly a Hennepin County district judge, was named to the high court by Gov. Mark Dayton.