A project tracking federal judicial nominations and courts.
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 Senator Statements
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Sen. Feinstein Statement Supporting Paul Watford Ninth Circuit Nomination
(Democrat - California)
02/20/12
“He’s received praise across the legal spectrum. At this time, I’d like to enter into the record a letter from Jeremy Rosen, the former president of the Los Angeles chapter of the Federalist Society, Eugene Volokh, a conservative law professor at UCLA, and the general counsels of Verizon, Mattel, Google, and CIRCOR International.
“I would also like to note that the Ninth Circuit is in serious need of new judges. It has 1,453 cases per three-judge panel. That’s by far the highest in the nation, and more than 400 more than the next highest court. Each of the court’s vacancies is a judicial emergency. Mr. Watford is well qualified. He’s a consensus pick. And I am very hopeful that not only can he be voted out today but we’ll have a chance to take a vote on the floor before the end of the year.” [Sen. Feinstein, testimony before the Judiciary Committee’s vote to approve Watford’s nomination, about 34:00 into the video].
Sen. Grassley Judiciary Committee Statement Opposing 9th Circuit Nominee Paul Watford
(Republican - Iowa)
02/02/12
" I will oppose the nomination of Paul J. Watford to be United States Circuit Judge for the Ninth Circuit and ask my colleagues to vote no. I have substantive concerns regarding Mr. Watford’s views on both immigration and the death penalty. ... I’m generally willing to give the President’s nominees the benefit of the doubt when the nominee on the surface meets the requirements I have previously outlined. But, I don’t think this nominee meets these requirements.
And again, as I indicated last week, we’re not operating under normal circumstances. The atmosphere the President has created with his disregard for Constitutional principles has made it difficult to give his nominees any benefit of the doubt. So I will oppose this nomination and ask my colleagues to do the same."
Sen. Leahy Statement on Nominees to Fill 9th Circuit Judicial Emergency Vacancies
(Democrat - Vermont)
02/02/12
"The Chief Judge of the Ninth Circuit, Judge Alex Kozinski, a Reagan appointee, along with the members of the Judicial Council of the Ninth Circuit, have written to the Senate emphasizing the Ninth Circuit's "desperate need for judges," urging the Senate to "act on judicial nominees without delay," and concluding that "we fear that the public will suffer unless our vacancies are filled very promptly." The Committee and the Senate should be working to address this serious problem by moving forward to consider not only Mr. Watford's nomination, but also two other nominations to fill judicial emergency vacancies on the Ninth Circuit that are pending before the Senate. There is no reason to further delay a Senate vote on the nomination of Judge Jacqueline Nguyen of California to fill the judicial emergency vacancy that remains open after the Republican filibuster of Goodwin Liu. We reported her nomination unanimously two months ago. She should have been confirmed last year but Senate Republicans refused to proceed. I also hope we can move quickly to consider the nomination of Justice Andrew Hurwitz of Arizona. He was nominated three months ago and we were finally able to include him at a hearing last week. I hope that with Senator Kyl's support, we can move expeditiously on that nomination, as well."
Sen. Reid Floor Statement on Bipartisan Cooperation & Judicial Nominees
(Democrat - Nevada)
01/30/12
"These days, it is no longer enough to be a qualified nominee. It is no longer enough to have bipartisan support. And in the case of judicial nominees, it is no longer enough to be reported unanimously out of the committee.
Last year, my Republican colleagues blocked or delayed scores--scores of outstanding nominees. Why? Because they want to defeat President Obama. They said so. That was their No. 1 goal. And it is he who made these nominations. So that is the No. 1 goal, to go after him any way they can. At the end of last year, Republicans refused to allow votes on 16 judicial nominees who were reported out of the committee unanimously--Democrats and Republicans.
Unfortunately, this year may bring more of the same. Already this year--the last few weeks--some Republicans have come to the floor and threatened to drag out the confirmation process for every nominee for the rest of the year. ... This brand of obstructionism is the reason Americans are disillusioned with Congress."
Sen. Lee Spokesman on Possible Responses to Recess Appointments
(Republican - Utah)
01/29/12
“It could mean something as little as he just refuses as a protest vote for any of the nominees or it could mean more significant action to block the nominees going forward,” said Lee’s spokesman, Brian Phillips.
Lee’s motivation is “putting the president on notice,” and future holds on nominees “is on the table,” he added.
Sen. Lee and Judicial Nominations
(Republican - Utah)
01/27/12
Sen. Mike Lee (Utah), another Republican member of the Judiciary Committee, threatened Thursday to slow down the nomination process and possibly other legislation until the appointments are withdrawn.
Lee made good on his threat Thursday night by objecting to a Democratic effort to set up a vote on a judicial nominee, Lee’s office said.
His office noted that it left word with the Senate cloak room on Thursday evening that Lee would not be on board with any unanimous consent agreements, because he wanted to prevent Democrats from “sneaking something in,” a Lee aide said.
The aide stressed that the move was just for Thursday and that they would look at their options going forward.
Sen. Lee May Filibuster Every Nomination
(Republican - Utah)
01/27/12
“I find myself duty bound to resist the consideration and approval of additional nominations until the president takes steps to remedy the situation,” Lee said.
Lee’s spokesman, Brian Phillips, said the senator’s actions will probably include requiring Senate Majority Leader Harry Reid, a Nevada Democrat, to go through the process of breaking a filibuster on every nomination vote.
Sen. Lee on Delay of Nomination Process
(Republican - Utah)
01/26/12
Utah Sen. Mike Lee, a former Supreme Court clerk, called the president's appointments "deeply flawed" and said he will throw up road blocks for future nominees "unless and until (Obama) rescinds his unconstitutional recess appointments."
It's not clear exactly what Lee will do, but his spokesman, Brian Phillips, told Fox, "One senator does have a number of procedural tools, especially because (Lee) is on the Judiciary Committee, to delay and slow the process in order to get the President's attention. The bottom line is if the Senate does not act to defend its constitutional authority to weigh in on nominations when the President has taken clear and unquestionable, unconstitutional action, then it really is a ‘Do Nothing' Congress."
Sens. Boozman & Pryor For Arkansas Judicial Nominee & v. 90 Day Merits Votes on All Nominees
(Democrat, Republican - Arkansas)
01/26/12
U.S. Sens. Mark Pryor, D-Ark., and John Boozman, R-Ark., voiced strong support today for Little Rock lawyer Kris Baker to serve as a federal judge for the Eastern District of Arkansas.
In testimony before the Senate Judiciary Committee, the two senators urged a speedy confirmation. ... “I believe Kris Baker will do an excellent job. I strongly support her confirmation,” said Boozman. ... “She has four children all eight and under. They came to my office this morning and were like four little tornadoes,” Pryor said. “If she can handle those kids she can handle any courtroom.” ... Pryor and Boozman were uncertain when the Senate would take up Baker’s confirmation but were encouraged that it would not languish given how quickly the committee had scheduled her hearing.
“I’ll do everything I can to shepherd it through,” Pryor said. ... Obama called on the Senate to pass “a simple rule” for all judicial and public service nominations to receive an up-or-down vote within 90 days.
Pryor and Boozman said today they would not support such a rule.
Boozman said there are times when a senator is “within one’s right” to filibuster a nomination but added that it should be rarely used for judicial nominations.
Sen. Cornyn on Response to Recess Appointments
(Republican - Texas)
01/26/12
Broadly blocking nominees “was discussed, but we’re also very aware he would like us to play into his narrative, and we’re not going to take the bait,” said Senator John Cornyn of Texas, who chairs the National Republican Senatorial Committee, referring to Obama’s rhetoric about a “do-nothing” Congress.
“There will be a response, but it will be measured and appropriate,” Cornyn said.
Sen. Lee Floor Statement on Response to Recess Appointments
(Republican - Utah)
01/26/12
"I have made it a point to work collaboratively with Members from across the aisle, and I have also gone out of my way to cooperate with the current administration to ensure that the overwhelming majority of the President's nominees to judicial and other positions are considered and receive a vote. Both in the Judiciary Committee and on the floor I voted for dozens of nominees with whom I fundamentally disagreed on various issues simply because they were nominated by a President who was duly elected by the people. But I will do so no more.
My concerns, to be clear, are nonpartisan, and I will be equally critical of any Republican President who might attempt to make recess appointments under the same deeply flawed legal theory. Given this President's blatant and egregious disregard for proper constitutional procedures and for the Senate's unquestioned role in such appointments, I find myself duty-bound to resist the consideration and approval of additional nominations until the President takes steps to remedy the situation.
Regardless of what precise course I choose to pursue, the President certainly will not continue to enjoy my nearly complete cooperation unless and until he rescinds his unconstitutional recess appointments."
Sen. Hatch on Response to Recess Appointments
(Republican - Utah)
01/26/12
Sen. Orrin Hatch (R-Utah), a former Judiciary Committee chairman, said Republicans should file a lawsuit challenging the appointments, but said he wouldn’t join Lee in blocking every nominee.
“I’m not against having a stiff and hard response, but as of this point I’m not one of those people,”
Sen. Ron Johnson on Response to Recess Appointments
(Republican - Wisconsin)
01/26/12
“What can we really do [in the Senate]? We are probably not going to reverse these things,” Sen. Ron Johnson said.
The Wisconsin Republican added: “I don’t want to walk into any type of trap and playing into the president’s hand about a ‘do-nothing Congress.’ I don’t think that serves our interest well.” Johnson said that it was important for Republicans to make the case on the recess appointments to the public but without opening themselves up to attacks.
Sen. Roberts on Response to Recess Appointments
(Republican - Kansas)
01/26/12
“I have not reached a conclusion on how we should do that best,” Sen. Pat Roberts (R-Kan.) told POLITICO. “I don’t think the conference has really reached a conclusion as what is appropriate and focusing on what we feel is unconstitutional as opposed to being perceived as being obstructionists.”
Sen. Rubio on Response to Recess Apppointments
(Republican - Florida)
01/26/12
Senator Marco Rubio of Florida, a first-term lawmaker who was elected with Tea Party backing, also said the idea is being considered. He said he’s not sure if he favors it.
Rubio said he is ruling out broad approaches under which the Senate would reject nominees as retribution for Obama’s recent appointments.
“I think there are significant Constitutional issues here,” Rubio said. “On the other hand, I’m uncomfortable about taking measures to simply oppose people just to offer a shot across the bow.”
Sen. Kyl Supports AZ Justice Andrew Hurwitz for Ninth Circuit
(Republican - Arizona)
01/26/12
"Mr. Chairman, I would say that Mr. Hurwitz does not have a reputation as an activist judge. And, to my way of thinking has been quite successful at separating political views from the job at hand - namely, deciding cases." [Video] Kyl introduces Hurwitz at 21:30, questioning of Hurwitz from 39:00 to 54:15--
Sen. Corker on Response to Recess Appointments
(Republican - Tennessee)
01/25/12
“I would be surprised if you see mass reprisals,” Sen. Bob Corker (R-Tenn.) added. “I just don’t think that’s what’s going to happen. I don’t think anybody is going to consider that to be a very astute or intelligent thing to do.”
Sen. Crapo on Response to Recess Appointments
(Republican - Idaho)
01/25/12
“I don’t think to gum up the process out of spite would be helpful,” said Sen. Mike Crapo (R-Idaho). “We need to be about the business of building solutions.”
Sen. Ron Johnson on Response to Recess Appointments
(Republican - Wisconsin)
01/25/12
Any senator can use the chamber’s levers to bring business to a halt, but even those who have a history of gumming up the Senate’s work don’t seem eager to jump in.
“I don’t think that’d be a particularly effective strategy,” said Sen. Ron Johnson (R-Wis.), who threatened to stymie Senate action last summer over fiscal matters. “I would much rather pursue a positive agenda.”
Sen. Collins Urging 1st Circuit Nominee Confirmation
(Republican - Maine)
01/24/12
Collins said Kayatta is "eminently qualified to serve on the 1st Circuit Court of Appeals" and called on Republicans and Democrats to support his nomination. She said that she hopes election-year politics won't get in the way of Kayatta's confirmation, and that she is trying to pave the way for Kayatta in the Senate. "I have already begun discussing Bill with my colleagues, and I am optimistic that his extraordinary qualifications will trump partisan gridlock," Collins said via email Monday evening.
Sen. Coburn Opposes Holding Up Judicial Nominees
(Republican - Oklahoma)
01/24/12
Senator Tom Coburn, an Oklahoma Republican and member of the Judiciary Committee, said he thought the Cordray nomination should be challenged in court, not by senators holding up judicial nominations. “I think it violated the Constitution, and there ought to be a lawsuit over it rather than a reaction to it,” he said.
Sen. Corker Doesn't See Carte Blanche Reprisal on Nominations re: Recess Appointments
(Republican - Tennessee)
01/24/12
one Republican member of the banking committee, Sen. Bob Corker (Tenn.), suggested Tuesday that Republicans might be cautious about resorting to pure obstructionism. When asked what Republicans intended to do about the pending Treasury and Fed nominations, Corker suggested they were still deliberating their strategy.
“I don’t know. I don’t think you’re going to see carte blanche reprisal,” he told reporters.
Sen. Inhofe on 10th Circuit Nomination of Robert Bacharach
(Republican - Oklahoma)
01/23/12
Republican Sen. Jim Inhofe, Oklahoma's senior senator, also expressed strong support for the nomination.
"He is a great guy,'' Inhofe said, quipping that "it is kind of rare that the Obama White House and I agree on anything.''
"He (Bacharach) is a person that has done a good job.''
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