Federal Courts and Nominations

Keeping up the fight after the Halligan filibuster

On Wednesday, a minority of Senators inflicted both insult and injury to the justice system by again derailing the confirmation of Caitlin Halligan, to the Court of Appeals for the D.C Circuit. With a nearly party-line vote of 51-41, the Senate’s conservatives overrode the cloture motion that would have gotten Halligan an up-or-down vote on the Senate floor at last, after first being nominated by President Obama in 2010.

CAC’s Vice President Judith Schaeffer had this reaction:

“Today’s vote is a breathtaking example of the partisan dysfunction that is crippling Washington, DC. This Senate Republican filibuster leaves the second most important court in our Nation with nearly 40% of its judicial seats vacant, impairing justice and putting an enormous toll on the judiciary as well as on the lives of extraordinarily well-qualified nominees such as Caitlin Halligan. A minority in the Senate turned away a nominee who Americans are lucky to have willing to serve their country, which can only discourage other highly qualified candidates from stepping forward in the future.”

Wednesday’s vote was a deeply felt blow among all who fought for Halligan’s confirmation over the past three years.  But it was also an indication of just how important it is to fill these important vacancies on this critical court.  There are now four vacancies on the D.C. Circuit, twice as many as when Halligan was first nominated.  One additional nominee, Sri Srinivasan, is working his way through the confirmation process.  He cannot stand alone.  President Obama should nominate a full slate of qualified candidates for each of these vacancies as soon as possible. He and his supporters should vow to devote energy and resources to all of these fights.  It is still very early in President Obama’s second term.   It is unlikely that Senate Republicans would be able to sustain an effort to block highly qualified nominees indefinitely against a sustained push from the White House and the progressive movement.

Completing this job successfully will take hard work and perseverance both from the President and his supporters, but there are few things more vital on the President’s second term agenda. 

 

More from Federal Courts and Nominations

Federal Courts and Nominations
January 17, 2024

The Leadership Conference on Civil and Human Rights Sign-On Letter Prioritizing Diverse Judges

Dear Senator, On behalf of The Leadership Conference on Civil and Human Rights and the...
Federal Courts and Nominations
July 31, 2023

Liberal justices earn praise for ‘independence’ on Supreme Court, but Thomas truly stands alone, expert says

Fox News
Some democrats compare Justice Clarence Thomas to ‘Uncle Tom’ and house slave in ‘Django Unchained’
By: Elizabeth B. Wydra, By Brianna Herlihy
Federal Courts and Nominations
July 7, 2023

In Her First Term, Justice Ketanji Brown Jackson ‘Came to Play’

The New York Times
From her first week on the Supreme Court bench in October to the final day...
By: Elizabeth B. Wydra, by Adam Liptak
Federal Courts and Nominations
July 8, 2023

The Supreme Court’s continuing march to the right

CNN
Major legal rulings that dismantled the use of race in college admissions, undermined protections for...
By: Elizabeth B. Wydra, by Tierney Sneed
Federal Courts and Nominations
June 25, 2023

Federal judge defends Clarence Thomas in new book, rejects ‘pot shots’ at Supreme Court

CNN
A federal appeals court judge previously on short lists for the Supreme Court is taking the rare...
By: Elizabeth B. Wydra
Federal Courts and Nominations
May 1, 2023

Supreme Court, done with arguments, turns to decisions

Roll Call
The justices have released opinions at a slow rate this term, and many of the...
By: Brianne J. Gorod, By Michael Macagnone