With the Senate changing hands in January, some in the new Senate majority have indicated that they will continue to confirm President Obama’s judicial nominees, while others have gone so far as to call for a shutdown of confirmations during the final weeks of this session.
Alliance for Justice’s new Benched! series will keep an eye on what senators and other prominent officials say and do (or don’t do, as the case may be) on judicial nominations during President Obama’s remaining two years in office, in order to hold the Senate accountable for its constitutional obligation to advise and consent regarding the president’s nominees to the federal bench.
In a recent congressional hearing, soon-to-be Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, said:
[T]he Senate has been extremely busy and accommodating in getting this President’s [judicial] nominees through.
Busy, yes. Accommodating, no. Senate Republicans have obstructed every aspect of the nomination process:
- They “hold over” nominees in committee: Instead of allowing committee votes at the first opportunity, Republicans have “held over” nearly all of President Obama’s judicial nominees, requiring an extra week or more before the nominee can go to the Senate floor.
- They filibuster even noncontroversial nominees: To date, Senate Majority Leader Harry Reid, D-Nev., has had to file cloture on 115 of President Obama’s judicial nominations (including every nominee since November 2013)—compared to 22 total cloture filings on President George W. Bush’s judicial nominations.
- They require time-consuming roll-call votes: Republicans in 2014 have refused to follow the tradition of confirming judges—particularly noncontroversial district court judges—via unanimous consent or agreed-upon votes, forcing the Senate to go through the tedious roll call vote process, first to invoke cloture and then to confirm.
- They force the Senate to wait out the full allotment of post-cloture debate time: Senate Republicans have wasted well over 400 hours of floor time that could have been spent enacting legislation to help the American people.
If all this is “accommodating,” we wonder what Senator Grassley thinks obstruction looks like.
For the remainder of the 113th Congress, Senate Republicans should actually be “accommodating” and agree to confirm at least the 15 district court nominees now pending on the floor.