A project tracking federal judicial nominations and courts.
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 Editorials and Opinion
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Re: Pay-For-Play The Obama Way? (Daily News Record, 03/10/10)
"According to “Michelle Malkin: The Obama way: Bluster, bully, bribe” (Mar. 8), "The White House took great offense this week when conservatives suggested President Obama might be trading a judicial appointment for a wavering Democrat's vote on his health care reform plan."
Malkin failed to notice that the White House was not alone; this conspiratorial fantasy has been debunked by Utah Republican Sens. Orrin Hatch and Bob Bennett, The Salt Lake Tribune (which “laughed the … suggestion off the table”), the right-wing Power Line blog, and Paul Cassell, a very conservative former U.S. District Judge appointed by President George W. Bush."
Re: What A Coincidence (Daily News Record, 03/10/10)
Posted Coment by Glenn Sugameli (Judging the Environment): "The White House is not alone in rejecting this absurd allegation. Others who have debunked this fantasy include Utah Republican Senators Orrin Hatch and Bob Bennett, the right-wing Power Line blog, The Salt Lake Tribune (which "laughed the ... suggestion off the table"), and Paul Cassell, a very conservative former U.S. District Judge appointed by President George W. Bush. . . . Is there any reason your readers should disbelieve all of these solidly conservative sources who know the facts far better than your totally speculative editorial?"
Re: Whip Count (No. 14 in a Series) – One Blue Dog Barks No, Another Stays Silent (ABC News, 03/10/10)
Posted Commentby Judging the Environment's Glenn Sugameli: "ABC News aptly notes that "Matheson has been the subject of much evidence-free speculation by conservative media about alleged -- and unproven -- vote-buying" and that "Significantly, both of Utah’s Republican senators have stated that Scott Matheson’s judgeship has been in the works for a long time and is not part of any quid pro quo." The conservative media conspiratorial fantasy has also been debunked by The Salt Lake Tribune (which “laughed the … suggestion off the table”), the right-wing Power Line blog, and Paul Cassell, a very conservative former U.S. District Judge appointed by President George W. Bush."
Editorial: A clear definition: Clean Water Restoration Act could clarify law (Battle Creek Enquirer, 03/10/10)
"court decisions over the past decade have muddied the waters concerning what exactly is protected under the Clean Water Act.
The U.S. Supreme Court in 2001 ruled that certain isolated ponds did not fall under the jurisdiction of the Clean Water Act. Then in 2006, the high court left up in the air exactly what role the federal government should play in protecting wetlands. In ruling on two Michigan cases that year, the nine justices split three ways in their views and issued five opinions, none of which had majority support."
Malkin wrong in smear campaign against Matheson (St. Louis Globe-Democrat, 03/09/10)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli: Malkin erroneously claims that “for nearly a year,” while this judgeship was vacant, “there was no action.” But, every judicial nominee selection triggers months of FBI and American Bar Association vetting before a public announcement.
Malkin only one to see conspiracy in nomination (Examiner, 03/09/10)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli: "Michelle Malkin spreads a smear and blames the victims as she details unfounded suggestions that Scott Matheson’s announced appellate court nomination was somehow tied to a potential health care vote by his brother, Rep. Jim Matheson (D-Utah)."
RE: Meet the 18 House Dems whose votes matter most on health care (Examiner, 03/09/10)
Posted Comment by Judging the Environment's Glenn Sugameli: "Ironically, Online Opinion Editor David Freddoso apparently did not read my letter printed in the written edition on p. 20 (Mar. 9), before he repeated Michelle Malkin's descredited smear when he wrote: "Jim Matheson, Utah – Just as he began to contemplate his vote, President Obama appointed his brother Scott to a federal judgeship.""
Re: Jay Evensen's perspectives on the news: Health care hardball (Deseret Morning News, 03/08/10)
Posted comment by Judging the Environment's Glenn Sugameli: "Given the facts discrediting this smear, Jay Evensen's "I don't believe the Scott M. Matheson Jr. appointment was a quid pro quo" conclusion is too weak. Senators Orrin Hatch and Bob Bennett debunked this conspiratorial fantasy. The Salt Lake Tribune “laughed the … suggestion off the table.” "
“The Obama Way: Bluster, Bully, Bribe” (Paramus Post [NJ], 03/07/10)
Glenn Sugameli (Judging the Environment) published Letter to the Editor: Michelle Malkin's coumn "spreads baseless rumors and blames victims of a smear. ...Utah Republican Senators Orrin Hatch and Bob Bennett debunked this conspiratorial fantasy and The Salt Lake Tribune “laughed the … suggestion off the table.”"
Right-wing media continue baseless smear that Obama is "offering judgeships to secure health care votes" (Media Matters for America, 03/05/10)
Right-wing media figures have continued to attack President Obama's appointment of Scott Matheson to the 10th Circuit Court of Appeals, suggesting that the appointment was made to influence his brother, Rep. Jim Matheson's (D-UT) vote on health care reform. Those pushing the smear have cited no evidence to support their claims and have acknowledged Matheson's qualifications for the job; indeed, his appointment enjoys broad support and, according to Republican Sen. Bob Bennett, "has been in the works for a long time" and was not made in exchange "for votes on health care."
Editorial: The Thumb (Salt Lake Tribune, 03/05/10)
"When President Obama named Scott Matheson Jr. as his nominee to the 10th U.S. Circuit Court of Appeals, Republicans and Democrats both applauded. ... until a blogger at the Weekly Standard suggested that the appointment was a quid pro quo for U.S. Rep. Jim Matheson's vote in favor of Obamacare. Jim is Scott's younger brother, and anyone who knows both of them laughed the Weekly Standard's suggestion off the table. We object to this ridiculous slur on the Mathesons' reputation, and move that it be stricken from the record."
Scott Matheson — Excellent Nomination for the Tenth Circuit (Volokh Conspiracy, 03/05/10)
Former GW Bush US District Judge Paul Cassell: "Unfortunately for conspiracy theorists, the facts show that the Scott Matheson nomination has nothing to with the health care debate. ...Scott Matheson is precisely the kind of restrained, consensus choice that conservatives should join Senator Hatch in applauding."
The Right's Latest Derangement (Mother Jones, 03/04/10)
Kevin Drum column on Smear v. Scott Matheson nomination "One of the things that I'm simultaneously impressed and repelled by is the right's ability to invent bizarre new smears where ordinary people would see no potential at all.":
Conservative smear: Obama buying health care vote with judgeship (Examiner, 03/04/10)
Cable News Examiner Keith Vance: "Of course, there's not a shred of actual evidence to support this scandalous corrupt bargain, but hey, who needs facts when the Weekly Standard can just make things up and Fox News repeats it until it becomes the Truth."
Editorial: THE RETURN OF MUDDY WATERS (Philadelphia Daily News, 03/04/10)
"it may be difficult to believe that this country once again is poised to allow private companies to turn a profit by befouling the water we swim in and use to irrigate our crops, and contaminate the streams that feed into our drinking-water supply.
Actually, we're well along the way, thanks to two decisions - in 2001 and 2006 - by the U.S. Supreme Court that were seized upon by the Bush administration to limit the Environmental Protection Agency's jurisdiction in enforcing the act as it had for 30 years."
Fox News’ Neil Cavuto propagates baseless rumor that Obama bought Rep. Matheson’s vote. (Think Progress, 03/04/10)
Cavuto invited the originator of the conspiracy theory, Weekly Standard’s John McCormack. For his part, McCormack undermined his own argument. “Was there an explicit quid pro quo? Probably not,” he said. Next, Cavuto invited Rep. Michele Bachmann (R-MN), who reiterated her call for an investigation into the matter. But Bachmann, too, acknowledged the lack of any basis for the claim. “We don’t know — that’s the question,” she said. Finally, Jeri Thomspon — Fred Thompson’s wife — brazenly told Cavuto she “felt sorry” for Scott Matheson, a victim of this right-wing smear, because “he’s going to have this stigma” for his entire judicial career. ... Republican Sen. Robert Bennett also disputed the right-wing allegation:
MANUFACTURED CONTROVERSY OF THE DAY (Washington Monthly, 03/04/10)
Steve Benen: "Is there any evidence -- anything at all -- to suggest the Matheson nomination is related in any way to getting his brother's vote on health care? No. There's literally nothing.... Sen. Orrin Hatch (R-Utah), Sen. Bob Bennett (R-Utah), and Rep. Jason Chaffetz (R-Utah) -- not a liberal bunch of health care reform supporters and Obama allies -- all rejected the idea, and praised the Matheson nomination."
Witch hunt: Wash. Times calls another Obama judicial nominee "radical" (Media Matters for America, 03/04/10)
"After declaring that Supreme Court Justice Sonia Sotomayor and Judges Edward Chen and David Hamilton were all "radical" judicial nominees, The Washington Times has turned its sights on Goodwin Liu, President Obama's nominee for the 9th U.S. Circuit Court of Appeals, declaring that he, like the other Obama nominees, is a "radical" because of his views on constitutional "welfare" rights. In fact, Liu's views are in accordance with those of former Supreme Court justices like Thurgood Marshall and prominent legal scholars."
Editorial: Add force to Clean Water Act (Boston Globe, 03/04/10)
"RECENT DECISIONS by the US Supreme Court have undermined the ability of the US Environmental Protection Agency to stop pollution of the nation’s waterways. Congress should pass a Senate bill that would leave no doubt about the agency’s authority to crack down on manufacturers, developers, and others guilty of discharging toxic wastes into wetlands and river. /... According to EPA regulators cited by the New York Times this week, more than 1,500 major pollution investigations have been dropped or put on hold in the past four years. The Times report cited EPA data showing that about 117 million Americans get their drinking water from sources that, under the court rulings, could be excluded from Clean Water Act jurisdiction."
Judge Confirmed 99-0 After 124 Day Delay (Think Progress, 03/03/10)
Matthew Yglesias: "this afternoon, the Senate voted 99-0 for cloture on Keenan’s nomination, then promptly confirmed her 99-0.
It’s a reminder, again, that the perniciousness of Senate procedure extends well beyond the 60-vote supermajority requirement. Simply the process of using 60 votes to end a filibuster is extremely time-consuming — a determined opponent can drag it out for days."
Is Obama Selling Judgeships? (Power Line, 03/03/10)
John Hinderaker: "Elections have consequences, and one of them is that brilliant conservative judges like Michael McConnell are replaced by competent liberal judges like Scott Matheson. Beyond that, though, we have no basis to criticize the Matheson nomination."
Republicans Now Even Block Judges They Like (On The Hill blog, 03/03/10)
Scott Nance: "The Senate GOP is blocking the confirmation of even those Obama judicial nominations that Republican members of the Senate Judiciary Committee supported unanimously. In fact, Republicans have allowed even fewer of President Obama's nominated judges to even reach an up-or-down vote on the floor of the Senate than they did for Bill Clinton back in the 1990s."
Keenan confirmed, but why via cloture? (Charleston Gazette (WV), 03/02/10)
Andrew Clevenger's Sustained Outrage Watchdog blog: "when it came time to vote on Keenan, not one senator expressed disapproval of her nomination. Not one senator took issue with her merits or qualifications. Not one senator pointed to troublesome rulings or opinions in her three-decade career as a judge on every level of Virginia’s state legal system.
So, one can only conclude that the objection to a simple up-and-down vote, which can be accomplished much more quickly and efficiently than a roll-call vote, was a political maneuver with the sole purpose of slowing the entire nomination process to a crawl."
Posted Comment on Keenan confirmed by Senate for 4th Circuit post by Judging the Environment's Glenn Sugameli (Washington Post, 03/02/10)
"Your description of the Senate’s 99-0 vote to confirm Judge Barbara Keenan to the Fourth Circuit U.S. Court of Appeals after a long-delay reveals the degree of mindless obstructionism by Republican Senators.
Even more telling is the fact that one or more unnamed Republican Senators refused to agree to a time limit on debate and forced a cloture vote to cut off a filibuster on Judge Keenan’s nomination, which was approved without dissent by the Judiciary Committee."
Can’t We All Just Get Along (and Confirm Our Judges)? (Wall Street Journal, 03/02/10)
WSJ Law Blog by Ashby Jones: "In our opinion, party leaders should just recognize that they’re not going to see eye to eye on every judge, but that that’s the way it goes and it’s okay. Outside of truly controversial candidates, the Senate should get its act together and give each of them an “up and down” as soon as possible. ... The problem, of course, is that our nation’s federal judges are backlogged — and many of them are overworked. Of course, the situation is perhaps worse at the district court level. But the appeals courts are slammed too."
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