Tag Archives: judiciary

The Blue-Slip Rule Is On Its Last Legs

by VictoriOConor Posted on May 26, 2017

Mother Jones

The Washington Post confirms what we’ve already heard about Senate Republicans doing away with the blue-slip rule:

Leaders are considering a change to the Senate’s “blue slip” practice, which holds that judicial nominations will not proceed unless the nominee’s home-state senators signal their consent to the Senate Judiciary Committee….Removing the blue-slip obstacle would make it much easier for Trump’s choices to be confirmed. Although Trump and Senate Republicans have clashed early in his presidency, they agree on the importance of putting conservatives on the federal bench.

….The Senate acted Thursday on Trump’s first appeals-court nomination, elevating U.S. District Judge Amul Thapar of Kentucky to the U.S. Court of Appeals for the 6th Circuit.

….“Eliminating the blue slip is essentially a move to end cooperation between the executive and legislative branch on judicial nominees, allowing nominees to be hand-picked by right-wing groups,” Sen. Dianne Feinstein (D-Calif.), the ranking Democrat on the Judiciary Committee, wrote in a memo this week. She pointed out that the vacancy for which Thapar is nominated exists only because McConnell refused to return a blue slip for Obama’s nominee, Kentucky Supreme Court Justice Lisabeth Tabor Hughes. The seat has been vacant since 2013, and Tabor Hughes never received a hearing, because blue slips were not returned.

Christopher Kang, who advised Obama on judicial nominations, said that was the reason 17 of the president’s picks did not receive hearings, killing the nominations. But the impact was even greater than that, because Obama gave up on trying to find nominees in some states, such as Texas, with two Republican senators. One vacancy on the U.S. Court of Appeals for the 5th Circuit, which covers Louisiana, Mississippi and Texas, has been open for five years.

Were Republicans snickering in private for six years because Democrats continued to be Boy Scouts during the Obama presidency, respecting the blue-slip rule despite blanket Republican opposition of the kind that Republicans now say will prompt them to kill it? Probably. Was it the right thing to do anyway? I guess I’m still unsure. But it sure doesn’t look like it.

The Brookings table above shows the effect of all this for circuit court vacancies. The absolute numbers aren’t huge, but both Bill Clinton and Barack Obama simply gave up nominating judges in states where there were any Republican senators. They would object as a matter of course and their objections would be honored. George Bush, by contrast, continued nominating judges everywhere. Democratic senators sometimes objected, but not always—and Republicans often ignored their objections anyway when they controlled the Senate.

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The Blue-Slip Rule Is On Its Last Legs

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"I Have My Subpoena Pen Ready": Congress Reacts to News Trump May Have Asked FBI to Stop Flynn Probe

by LizzieAppel Posted on May 16, 2017

Mother Jones

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On Tuesday evening, the New York Times reported that President Donald Trump asked former FBI director James Comey during a February meeting to end the federal investigation into Trump’s former national security adviser, Michael Flynn. The White House denied in a statement that Trump had ever asked Comey or “anyone else to end any investigation, including any investigation involving General Flynn.”

Since the latest bombshell hit, lawmakers have come out to question whether the president engaged in obstruction of justice—and one senator raised, for the first time, the prospect of impeachment. Here are some of the responses from members of Congress on Tuesday night:

“This reporting, if confirmed, would represent a grave development. The need for a special counsel and an independent commission to investigate the President’s conduct, as it relates to this issue, and his campaign’s possible coordination with Russia is urgent. The stories of the last week raise serious questions about whether the President respects the independence of the FBI and law enforcement authorities. It is vital that Congress obtain these memos and hear public testimony from former Director Comey. No one, not even the President, is above the law and the American people deserve answers about President Trump’s conduct.” — Sen. Bob Casey (D-Pa.)

Meanwhile, a number of Republicans were quick to unleash a flurry of “no comments”:

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Democrats on the House Oversight and Judiciary committees sent a letter on Tuesday demanding a full investigation into whether Trump and his top officials engaged in an “ongoing conspiracy to obstruct” federal and congressional investigations into his campaign’s ties to Russia.

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We will continue updating this post as more members of Congress weigh in.

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"I Have My Subpoena Pen Ready": Congress Reacts to News Trump May Have Asked FBI to Stop Flynn Probe

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5 Things We’ve Learned About Neil Gorsuch So Far

by LaraeThurgood Posted on March 21, 2017

Mother Jones

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Two days into Neil Gosuch’s confirmation hearings, the proceedings have yielded little insight into the Supreme Court nominee’s views about important legal precedent or landmark cases. In keeping with the tradition of previous nominees, he has declined to give any opinions on past or future cases, or explain his personal views on controversial legal issues from abortion to gay marriage. And he’s sidestepped questions about his work in the Bush Justice Department, which included helping the administration defend torture and denying access to the courts for detainees at Guantanamo. But the hearings have unearthed some more obscure trivia about the 10th Circuit judge. Here are some of the most interesting tidbits that have emerged so far:

He likes David Foster Wallace: Waxing poetic about his view of the law, Gorsuch told the Judiciary Committee: “We’re now like David Foster Wallace’s fish. We’re surrounded by the rule of law. It’s in the fabric of our lives.”

Gorsuch was referring to the story the late writer told in a 2005 commencement speech at Kenyon College. “There are these two young fish swimming along,” Wallace told the graduating students, “and they happen to meet an older fish swimming the other way, who nods at them and says, ‘Morning, boys, how’s the water?’ And the two young fish swim on for a bit, and then eventually one of them looks over at the other and goes, ‘What the hell is water?'”

His confirmation hearing isn’t the first time Gorsuch has referenced Wallace’s fish. He’s invoked it at least once before, in an article for the Harvard Journal of Law and Policy. “If sometimes the cynic in all of us fails to see our Nation’s successes when it comes to the rule of law,” he wrote, “maybe it’s because we are like David Foster Wallace’s fish that’s oblivious to the life-giving water in which it swims.”

He thinks it’s OK for a women to be president even if the founders didn’t: Sen. Amy Klobuchar (D-Minn.) asked Gorsuch about his belief that judges should interpret the Constitution the way the Founders would have written it, better known as originalism, which would seem to make it difficult for the law to adapt to modern life. “I’m not looking to take us back to quill pens and horse and buggies,” Gorsuch told her. But Klobuchar pressed on. She wanted to know how he could square his originalist philosophy with the fact that the Constitution as first written didn’t allow women to vote. “So when the Constitution refers 30-some times to ‘his’ or ‘he’ when describing the president of the United States, you would see that as, ‘Well back then they actually thought a woman could be president even through women couldn’t vote?'” she asked. In response, Gorsuch growled, “Of course women can be president! I’ve got two daughters. I hope one of them grows up to be president.”

He loves The Hitchhiker’s Guide to the Galaxy: Sen. Ted Cruz (R-Texas) opened his questioning of Gorsuch by asking him: “What is the answer to the ultimate question of life, the universe, and everything?” The judge responded with a smile, “42.” Gorsuch explained that the question is a joke he uses to break the ice when swearing in nervous lawyers.

Gorsuch claimed everyone knew the answer to the question because it comes from Douglas Adams’ cult classic novel, The Hitchiker’s Guide to the Galaxy. It was clear that aside from Cruz, most of the senators on the Judiciary Committee had not read the book. “If you haven’t read it, you should,” Gorsuch told them. “It may be one of my daughter’s favorite books. And so, that’s a family joke.” Cruz gave Gorsuch a dreamy look and said that he saw Gorsuch’s Hitchhiker joke as “a delightful example of the humanity of a judge that your record has demonstrated.”

He had a pet goat: In his opening statement Monday, Gorsuch gave a shout out to his daughters, who were home in Colorado watching the hearings on TV. He reminisced about “devising ways to keep our determined pet goat out of the garden,” one of his favorite memories with them.

His kids have engaged in “mutton busting”: Cruz got Gorsuch talking about the Denver rodeo, where he takes his law clerks every year. The spectacle finishes up with the prize steer visiting the lobby of the Brown Palace hotel. As part of the festivities, the rodeo features something called mutton busting—a children’s version of bronco riding, done on sheep instead of bulls—which Gorsuch described like this:

You take a poor little kid, you find a sheep, and you attach the one to the other and see how long they can hold on. And you know, it usually works fine when the sheep has got a lot of wool and you tell them to hold on. I tell my kids hold on monkey style. Really get in there, right? Get around it. Because if you sit upright, you go flying right off. Right? You want to get in. The problem when you get in is that you’re so locked in that you don’t want to let go. Right? So then the poor clown has to come and knock you off the sheep. My daughters got knocked around pretty good over the years.”

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5 Things We’ve Learned About Neil Gorsuch So Far

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Senate Republicans Are Blocking Obama’s Judges at a Nearly Unprecedented Rate

by DorisCreason006 Posted on November 4, 2015

Mother Jones

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Gridlock has famously prevented Congress from enacting meaningful legislation in recent years, but it’s in another area that congressional inaction is truly setting new records. The Senate has confirmed just nine judges nominated by President Obama so far this year. It’s the slowest pace of confirmations in more than half a century, on track to match the 11 confirmations in 1960.

“It’s still like pulling teeth to move nominations,” says a senior Democratic Senate aide. “They’re being held by a number of different Republican senators for every reason under the sun. None of which have anything to do with the actual qualifications of the nominees.”

With Republicans in charge of both branches of Congress, odds are slim that Obama will sign major domestic legislation during the last two years of his presidency. Even keeping the government’s lights on and selecting a new House speaker have required protracted fights in this dysfunctional Congress. But judges are still one area where a hamstrung president can leave a mark, as district and circuit court judges who win confirmation receive a lifetime appointment.

It’s not unusual for a president to get fewer nominations through the Senate as the end of a White House term nears and the opposition party begins to dream of winning the next presidential election and tapping the judges it prefers. But the current rate is far off from the historical norm. According to the liberal Alliance for Justice, by this point in 2007, when Democrats controlled the Senate, 34 of President George W. Bush’s judges had been confirmed.

The lack of confirmations has provoked anger among Senate Democrats over what they see as politicking at the expense of a functional judicial system. Last week, Sen. Patrick Leahy of Vermont, the top Democrat on the Judiciary Committee, put a statement in the congressional record blasting Republicans for dragging their feet on scheduling votes for uncontroversial judicial nominees. “The glacial pace in which Republicans are currently confirming uncontroversial judicial nominees is a failure to carry out the Senate’s constitutional duty of providing advice and consent,” Leahy said. “We should be responding to the needs of our Federal judiciary so that when hardworking Americans seek justice, they do not encounter the lengthy delays that they currently face today.”

This summer, Sen. Chuck Schumer, a New York Democrat on the committee, got in a public tussle on the Senate floor with its Republican chairman, Sen. Chuck Grassley of Iowa. After Schumer’s request for unanimous consent to approve a slate of judicial nominations for New York courts was denied, Schumer called the Republican slowdown a “disgrace” that was hurting the judicial system. “Democrats will not stand by and watch our judicial system brought to its knees by death by a thousand cuts,” he said. Grassley, though, would have none of it. He argued that Republicans didn’t need to rush confirmations after Democrats approved 11 nominees in the 2014 lame-duck session, when Democrats were about to lose the Senate majority following the November midterm elections. “So put that in your pipe and smoke it, the senator from New York,” Grassley said.

Republicans have been gumming up the works at each step of the process. Judicial nominations are generally put forward by the president only once they’ve been approved by both of the home-state senators. Republicans have been slow to give their consent to any nominee, with 55 judicial vacancies currently lacking a nomination. “If you look where these empty seats are, they’re almost all in states with at least one Republican senator,” says the Alliance for Justice’s Kyle Barry. Even when Republican senators appears to support a nominee, they’ve dragged out the process. Sen. Marco Rubio, for example, recommended Mary Flores to the White House for a spot on a Florida district court, but has been withholding his so-called “blue slip” approval form, preventing her from moving forward to a hearing before the Judiciary Committee. (He says he is still reviewing her qualifications.)

Even after a judicial nominee has cleared the Judiciary Committee with bipartisan support, Senate Majority Leader Mitch McConnell has been slow about scheduling votes on the Senate floor, where 11 nominees are awaiting confirmation. The delays generally haven’t been due to controversy about the nominees. The last two judges confirmed, for district court seats in New York, were approved by votes of 95-2 and 88-0, respectively.

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Senate Republicans Are Blocking Obama’s Judges at a Nearly Unprecedented Rate

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House Votes to Defund Planned Parenthood

by CorneliBaeza Posted on September 18, 2015

Mother Jones

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The House on Friday voted 241-to-187 to strip Planned Parenthood of some $500 million in federal family planning funds for a year. The move is intended to keep the public eye on allegations of illegal behavior by Planned Parenthood staffers but remove the possibility of a government shutdown by conservatives bent on defunding the organization.

The vote followed several grueling hearings held by the House Judiciary Committee into the undercover sting videos that allegedly show Planned Parenthood employees selling fetal parts, which would be a violation of federal law. The organization has denied the allegations, and state after state investigating the videos, which are heavily edited, has been found no evidence of wrongdoing. As the October 1 deadline for funding the government approaches, however, several conservative members of Congress, including presidential hopeful Sen. Ted Cruz (R-Texas), threatened to block any government funding bill that provided Medicaid or family planning dollars to Planned Parenthood. But it remains to be seen if this latest vote will satisfy conservative elements of the party.

Planned Parenthood is barred by law from using federal funds to provide abortions. The $500 million or so it receives each year from the government allows the group to provide family planning and other reproductive health services to mostly poor women on Medicaid. Ahead of the vote, conservative activists and lawmakers circulated a list of thousands of other family planning providers that could replace Planned Parenthood for the thousands of poor women who use its services. There is ample evidence to suggest that these alternatives to Planned Parenthood do not have the capacity to treat the group’s patients.

The bill now goes to the GOP-held Senate, where it almost certainly faces a filibuster by Democrats in the minority.

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House Votes to Defund Planned Parenthood

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