A project tracking federal judicial nominations and courts.
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 Editorials and Opinion
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Unprecedented and Inexcusable Obstructionism (Huffington Post, 03/17/10)
Nan Aron: "In 2009, the Senate confirmed only 12 of President Obama's circuit and district court nominations - the lowest number of judicial confirmations in the last fifty years. It didn't used to be this way: more than 87% of President Bush's nominees received final action in the Senate during his first year in office. But Senate Republicans have abandoned the long tradition of confirming the President's nominations in a timely manner. "
Editorial: The chief justice objects (Toledo Blade, 03/16/10)
"Justice Roberts' pronouncement that President Obama's first State of the Union address was "very troubling" is so unpersuasive. Among us mortals, being told the plain truth about job performance is considered normal....The ruling in the campaign finance case was preposterous. The majority could have ruled on narrow grounds, but went out of its way in a fit of right-wing judicial activism to hold that corporations have First Amendment rights similar to those of ordinary citizens.
The gods of the Supreme Court needed to hear about that."
Editorial: Make drinking water safe once again (Virginian-Pilot, 03/14/10)
"The proposed Clean Water Restoration Act is designed to do exactly what its name implies - restore the full power of the Clean Water Act, a cornerstone of the nation's environmental and public health laws.
In recent years, two controversial rulings by the U.S. Supreme Court have weakened the Environmental Protection Agency's ability to enforce pollution controls established by the act in 1972."
Editorial: Going with experience (Greensboro News & Record [NC], 03/13/10)
"President Barack Obama continues to pick experienced, mainstream North Carolina judges for federal court positions.... Eagles follows the president's nominations last year of Judges James Wynn and Albert Diaz for seats on the Fourth Circuit U.S. Court of Appeals. Both received strong bipartisan votes of support in the Senate Judiciary Committee and are waiting for final confirmation by the full Senate.
Republican Sen. Richard Burr endorsed Wynn and Diaz, and Thursday he praised Eagles as a "well-qualified candidate.
Editorial: A Wise Choice (KSL-TV [UT], 03/12/10)
"President Obama made a wise choice with the nomination of Scott M. Matheson, Jr. to fill a vacancy on the 10th Circuit Court of Appeals.... man who is eminently qualified to be a federal judge....the President would be hard-pressed to find anyone with a better temperament and background to serve on the federal bench. To suggest his appointment is somehow connected to his brother's vote in the health care debate, as some have done, is unjust and reflective of the callous state of American politics today.
KSL urges prompt confirmation of Scott M. Matheson, Jr. by the senate. The nation is sure to benefit from his reasoned judgments."
Malkin’s claim about nomination erroneous (State Journal-Register [IL], 03/12/10)
Glenn Sugameli (Judging the Environment) published Letter to the Editor: "Paul Cassell, a very conservative former U.S. district Judge appointed by President George W. Bush. ... wrote “Given that the ABA was evaluating Scott in roughly January, one would expect an announcement roughly six weeks later — exactly as happened here. Unfortunately for conspiracy theorists, the facts show that the Scott Matheson nomination has nothing to with the health-care debate.”"
Obama is making judicial choices, not political picks (Greensboro News & Record [NC], 03/11/10)
Doug Clark- Editorial Writer: "Eagles should have no problem, except for the slow pace of proceedings in the Senate. I would expect Republican Sen. Richard Burr to join with Democrat Kay Hagan, a friend of Eagles, in supporting the nominee.
Burr enthusiastically backed the two other North Carolina judicial nominations Obama has made -- Albert Diaz and Jim Wynn for seats on the U.S. Fourth Circuit Court of Appeals. Both have been approved by the Judiciary Committee and await a final confirmation vote on the Senate floor. Both are highly qualified judges with solid experience on the bench. Neither could be viewed as a political choice."
Chief Justice Roberts is a big crybaby (Washington Post, 03/11/10)
Ruth Marcus column: The State of the Union address is the occasion to discuss the most important issues facing the country. The Supreme Court ruling that President Obama said "reversed a century of law" and threatened to "open the floodgates for special interests...to spend without limit in our elections" certainly fits that bill. It was appropriate for the president to use the occasion to call on Congress to craft a legislative response to the decision -- even in the presence of its authors.
Editorial: Fear and smear (Brattleboro Reformer, 03/11/10)
they attack the attorneys that upheld the rule of law, conservatives are trying to deflect criticism of John Yoo and Jay Bybee, the two former lawyers in the Bush administration who came up with the legal rationales for torture and unlimited detention of terror suspects.
Fortunately, not every conservative supports torture and shredding the Constitution.
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 Comment by 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."
The neverending witch hunts against Obama nominees (Media Matters for America, 03/10/10)
Adam Shah: "The Washington Times published an editorial misrepresenting Liu's record in order to call him a "radical." Sean Hannity also joined in the dishonest attack on Liu -- a law professor at Berkley and a nominee for the U.S. Court of Appeals for the Ninth Circuit. Since then, conservatives including Liu's colleague at Berkley, John Yoo, and the Goldwater Institute's Clint Bolick have vouched for Liu."
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: Discipline Board Recommends One-Year Suspension for Former White House Aide (Legal Times, 03/10/10)
Glenn Sugameli: "As reflected in its title, "Discipline Board Recommends One-Year Suspension for Former White House Aide," the BLT's commendable posting omits one key fact. Even more remarkable in this context than Claude Allen's theft by fraud while he served in President George W. Bush's White House, is Bush's previous nomination of Allen to a lifetime seat on the U.S. Court of Appeals for the Fourth Circuit. To understand how Claude Allen was part of a pattern of failed Bush judicial nominees with severe, objective problems, see the Feb. 29, 2008 ACSBlog, "Guest Blogger Glenn Sugameli: Bush Judicial Nominees- Torture, Alice in Wonderland, Shoplifting, Ethics and more" or my www.judgingtheenvironment.org website.
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."
Chapter II of the Liu Nomination: The Backlash to the Backlash (Wall Street Journal, 03/09/10)
WSJ Law Blog's Ashby Jones: support has come from perhaps less likely corners. Clint Bolick, the director of the Goldwater Institute, recently sent this letter to Sen. John Kyl (R-AZ) supporting Liu’s confirmation.
And a fellow Berkeley professor — John Yoo (heard of him?) — had this to say about Liu, according to this LA Times article: “he’s not someone a Republican president would pick, but for a Democratic nominee, he’s a very good choice.”
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.”"
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."
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."
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