A project tracking federal judicial nominations and courts.
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 Senator Statements
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Sen. Leahy Floor Statement on Inexcusable Senate Republican Delays of Judicial & other Obama Nominees
(Democrat - Vermont)
06/29/11
"I have spoken often about the unnecessary and inexcusable delays on judicial nominations . Even consensus nominees have faced long delays before Senate Republicans would allow a vote.
Since President Obama was elected, we have had to overcome two filibusters on two Circuit Court nominees who were reported unanimously by the committee. These judges--Judge Barbara Keenan of the Fourth Circuit and Judge Denny Chin of the Second Circuit--were then confirmed unanimously once the filibusters were brought to an end. These are currently 16 judicial nominees who were reported unanimously by all Republicans and Democrats on the Judiciary Committee and yet are stuck on the Senate Executive Calendar because Senate Republicans will not consent to vote on them. These are consensus nominations that should not have been delayed while the Federal courts are experiencing a judicial vacancies crisis.
This pattern of delay and obstruction has not been confined to judges. President Obama's executive nominations have been subjected to the same unfair treatment."
Sen. Leahy Floor Statement on Michael Simon & Other Judicial Nominees
(Democrat - Vermont)
06/21/11
"This is, finally, the last of the judicial nominations reported last year that could and in my view should have been considered then. Now, after 6 months of unnecessary delay, the people of the District of Oregon may finally see a longstanding judicial vacancy filled by a highly qualified nominee who has always had bipartisan support from the days he was working for the Reagan administration. The Senate may finally be able, 6 months into this year, to start to focus on nominees who had hearings and were considered by the Judiciary Committee this year. There are currently 16 judicial nominees who were reported unanimously by the Judiciary Committee over the last several months who are still awaiting final Senate consideration and confirmation. They include nominees with the support of Republican home State Senators and nominees for judicial emergency vacancies. These delays mean that judicial vacancies around the country remain well above what they should and could be."
Comment Of Senator Patrick Leahy On Supreme Court Decision In Wal-Mart V. Dukes
(Democrat - Vermont)
06/20/11
“Over the past two years, the American people have grown frustrated with the notion that some corporations are too big to fail. Today’s decision will undoubtedly make some wonder whether the Supreme Court has now decided that some corporations are too big to be held accountable. Discrimination in the workplace continues, and we need to make sure that all Americans are treated fairly, especially in these challenging economic times."
Sen. Leahy Statement: Senate Confirms Two Judicial Nominees: First Confirmations of Judicial Nominees Since May 17
(Democrat - Vermont)
06/14/11
"Those who delay or prevent the filling of these vacancies must understand that they are delaying and preventing the administration of justice. We can pass all the bills we want to protect American taxpayers from fraud and other crimes, but you cannot lock up criminals or recover ill-gotten gains if you do not have judges. The mounting backlogs of civil and criminal cases are growing larger. We should have regular votes on President Obama’s highly qualified nominees, instead of more delays. With vacancies still totaling more than 90 on Federal courts throughout the country, and with nearly two dozen future vacancies on the horizon, there is no time to delay consideration of these nominations."
Sen. Leahy May 26 Floor Statement on Judicial Nominations
(Democrat - Vermont)
05/26/11
"the Republican leadership’s filibuster of the nomination of Goodwin Liu is being supplemented with delays of even those judicial nominations supported by Republican
home State Senators and approved by Republicans on the Senate Judiciary Committee."
Sen. Leahy: Senate Confirms Long-Pending Second Circuit Judicial Nominee
(Democrat - Vermont)
05/17/11
"Of the 24 judicial nominations the Senate will have considered and confirmed this year, including Ms. Carney, almost 70 percent were delayed from last year. We have only been able to confirm eight judicial nominees that had hearings and were reported for the first time this year. So when some say we are taking “positive action” on large percentages of nominees, what this shows is how many unobjectionable nominees were stalled last year by objections from the minority.
This is only the third circuit court nominations the Senate has been allowed to consider all year. There are several others awaiting final Senate action. Caitlin Halligan is an outstanding nominee to the D.C. Circuit. Bernice Donald of Tennessee has the support of her home state Republican Senators, and should be confirmed promptly to the Sixth Circuit. Henry Floyd of South Carolina has the support of his home state Republican Senators and should not be delayed from serving on the Fourth Circuit. The circuit nominee stalled the longest is Professor Goodwin Liu of California. He is nominated to the Ninth Circuit and is strongly supported by his home state Senators. He is qualified and will make an outstanding judge. He is brilliant and understands the role of a judge. He has been reported three times by the Senate Judiciary Committee. The stalling on his nomination should end. The Senate should vote and confirm Goodwin Liu."
Sen. Leahy Floor Statement on vacancies, pending & recently confirmed judicial nominees
(Democrat - Vermont)
05/11/11
"Republican Senators have tried to twist qualified nominees' litigation experience against them. Their partisan attacks are not consistent. Republicans oppose some nominees by saying that they do not have sufficient litigation experience. When a nominee has extensive experience and is a successful trial lawyer, they reverse themselves and complain that the nominee has too much experience and will be biased by it. They opposed Judge McConnell of Rhode Island on this supposed ground. They opposed Judge Chen of California despite his 10 years as a fair and impartial Federal magistrate judge.... the Senate should also consider the other 11 judicial nominees ready for final Senate action. ... The vacancy rate--which we reduced from 10 percent at the end of President Clinton's term to 6 percent by this date in President Bush's third year and ultimately to less than 4 percent in 2008--is now back to more than 10 percent.
We have a long way to go to do as well as we did during President Bush's first term, when we confirmed 205 of his judicial nominations. We confirmed 100 of those judicial nominations during the 17 months I was chairman during President Bush's first 2 years in office. So far, well into President Obama's third year in office, the Senate has only been allowed to consider 82 of President Obama's Federal circuit and district court nominees, well short of 205."
Statement Of Senator Patrick Leahy (D-Vt.), Chairman, Senate Judiciary Committee, On Republican Filibuster Of The District Court Nomination Of Jack McConnell
(Democrat - Vermont)
05/03/11
"He has the strong support of his home state Senator, bipartisan support from those in his home state, and his nomination has been reported favorably by a bipartisan majority of the Judiciary Committee multiple times. This nomination is one of many that have been stranded on the Senate’s Executive Calendar for many months – stalled by Republican objection to proceeding to debate and vote. Just a few years ago, Republican Senators argued that filibusters of judicial nominees were unconstitutional, and that every nominee was entitled to an up-or-down vote. They unsuccessfully filibustered President Obama’s first judicial nominee, and have stalled many others. Cloture is now being required to overcome another in a series of Republican filibusters in order to vote up or down on a judicial nominee at a time when extensive, and extended, judicial vacancies are creating a crisis for the Federal justice system and all Americans."
Sen. Leahy Floor Statement on Judicial Vacancy Crisis and Need to Confirm Judicial Nominees
(Democrat - Vermont)
05/02/11
"judicial vacancies around the country remain at historically alarming levels, as they have for the last 3 years. With 1 out of every 9 Federal judgeships still vacant, and judicial vacancies around the country remaining at 95, we have serious work to do. ... Whereas the Democratic majority in the Senate reduced vacancies from 110 to 60 in President Bush's first 2 years, judicial vacancies still number 95 more than 26 months into President Obama's term. By now, judicial vacancies should have been cut in half, but we have barely kept up with attrition. ... the Senate needs to consider and confirm the 15 judicial nominations that are awaiting final consideration and action by the Senate. That the Senate Judiciary Committee is doing its work is good, but to send judicial nominations to the Senate is not enough. It means nothing if they are not considered by the Senate."
Comment Of Senator Patrick Leahy On Cloture Motion On The Nomination Of John McConnell To Be A District Court Judge
(Democrat - Vermont)
05/02/11
“Senate consideration of John McConnell’s nomination is long overdue. This nomination – reported three times by the Senate Judiciary Committee with bipartisan support – is strongly supported by the Senators from Rhode Island. Mr. McConnell’s nomination has drawn bipartisan support from leading figures in Rhode Island. These facts have traditionally propelled district court nominations to up-or-down votes in the Senate. Shifting standards by Senate Republicans have changed the rules. Even the most consensus of nominees face untoward delays in the path to confirmation.
“It is past time for the Senate to hold an up-or-down vote on this nomination. I expect that Mr. McConnell will be confirmed with bipartisan support, just as his nomination was reported by the Judiciary Committee with bipartisan support. I hope the Senate will be permitted to consider other long-pending judicial nominations.”
Senator Leahy Statement at April 13 Hearing on Judicial Nominations
(Democrat - Vermont)
04/13/11
", the Senate has confirmed only 17 judicial nominations. In order to make this statement of progress meaningful, the Senate needs to consider and confirm the 15 judicial nominations that are awaiting final consideration and action by the Senate. Some have been stalled since last year. Two were reported favorably both last year and in February of this year. Some have been reported three times. One has been reported four times. They all are awaiting what I would call "positive action." We would also need to have considered and the Senate will have to confirm the judicial nominees who have had hearings and those who are being included in our hearing today. Federal judicial vacancies around the country continue to top 90, and one in nine authorized judgeships remains vacant. By this time in President Bush's first term, we had reduced the vacancies to below 60."
Sen. Leahy: Senate Confirms Two Nominations To Fill Judicial Emergencies
(Democrat - Vermont)
04/12/11
"With cooperation from both sides of the aisle, the Senate could consider many more of the 17 judicial nominees currently ready for final action, and could do so before the Senate takes its Easter recess at the end of this week. Doing so would fulfill our responsibility to help address the vacancies crisis that puts at serious risk the ability of Americans to get a fair and timely hearing for their cases in Federal court.
All 17 of the judicial nominations pending on the Senate’s Executive Calendar were reported by a majority of the Judiciary Committee after Members had an opportunity to review thoroughly extensive materials provided in response to our questionnaire, to question the nominees at a hearing, and to send written follow-up questions to the nominees. All of them are ready for final Senate action. With Federal judicial vacancies continuing to hover around 100, we should act responsibly by voting promptly on these nominations."
Sen. Leahy Statement at April 7, 2011 Judiciary Committee Executive Meeting
(Democrat - Vermont)
04/07/11
"Before we get to those legislative matters, we need to complete our reconsideration of the nomination of Professor Goodwin Liu to fill a longstanding judicial vacancy on the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit is one of the most overworked in the Nation. There are currently three vacancies on that court, all of which are considered judicial emergencies, and another future vacancy has already been announced. Recently the Judicial Conference of the United States reiterated its recommendation that in addition to those four vacancies, the work load of the circuit justifies an additional five judges.
I know how strongly Senator Feinstein and Senator Boxer support this nomination, and I join with them. I am sorry that when the nomination was reported favorably last year, the Senate was prevented from debating and voting on it. Last week, we discussed that we would debate and vote on this nomination this week without a filibuster and I thank all members for their cooperation. "
Sen. Leahy Floor Statement on Judicial nominations
(Democrat - Vermont)
04/04/11
"Whereas the Democratic majority in the Senate reduced vacancies from 110 to 60 in President Bush's first 2 years, judicial vacancies still number 95 over 26 months into President Obama's term. By now, judicial vacancies should have been cut in half, but we have barely kept up with attrition. ...The vacancy rate which we already had reduced from 10 percent at the end of President Clinton's term to 6 percent by this date in President Bush's third year, and ultimately to less than 4 percent in 2008, has now risen back up to nearly 11 percent.
This high level of vacancies puts at serious risk the ability of all Americans to have a fair hearing in court. ... All 13 of the nominations on the Executive Calendar have the support of their home State Senators, Republicans and Democrats. ... All should have an up or down vote after being considered by the Judiciary Committee, and without weeks of needless delay. .... I would hope that we could clear the calendar of nominees before the next recess"
Sen. Leahy Statement on Jack McConnell Nomination before 11-7 Bi-Partisan Approval in March 31 Committee Vote
(Democrat - Vermont)
03/31/11
"Before we get to those legislative matters, we need to complete our reconsideration of the nomination of Jack McConnell to fill a judicial vacancy in Rhode Island. I know how strongly Senator Reed and Senator Whitehouse support this nomination, and I join with them. I am sorry that when the nomination was reported favorably last year, the Senate was prevented from debating and voting on it then. I have every confidence that Majority Leader Reid will bring the nomination before the Senate this year and if some insist on filibustering the nomination, I expect there will be a cloture petition to bring the matter to a vote."
SEN. LEAHY Floor Statement on Judicial Nominations
(Democrat - Vermont)
03/28/11
"In addition to Ms. D'Agostino, there remain nine other judicial nominees awaiting final Senate consideration after having been reviewed by the Judiciary Committee. Two of those nominations have twice been considered by the Judiciary Committee and twice reported with strong bipartisan support, first last year and again in February. They are Susan Carney of Connecticut to fill a vacancy on the U.S. Court of Appeals for the Second Circuit and Michael Simon to fill a vacancy on the district court in Oregon. Another has been reported favorably four times Judge Edward Chen of the Northern District of California. So in addition to the D'Agostino nomination to fill a judicial emergency vacancy in New York, there are nominees ready to be confirmed to fill two judicial emergency vacancies in California, another judicial emergency vacancy in New York, a judicial emergency vacancy on the Second Circuit, vacancies on the Federal and DC Circuit, a vacancy in Oregon, and two vacancies in Virginia. I expect the Judiciary Committee will consider and report additional judicial nominations this week, adding to the number of judicial nominees ready for final Senate action.
Recently the Judicial Conference of the United States reaffirmed its recommendation that two additional judgeships be added to the U.S. Court of Appeals for the Second Circuit given its workload. That is in addition to the two existing vacancies. Regrettably, the unnecessary delays in considering Susan Carney's nomination to fill one of those vacancies has left that court and the people it serves without much-needed resources. It has also given right-wing pressure groups the chance to launch unfounded attacks on Ms. Carney full of false accusations and innuendo. This is a nominee who had the support of a majority of the Republicans on the committee, and who should have been considered and confirmed last year. The Senate should take up her nomination, debate it and vote on it rather than allowing her record to be smeared. That would be the fair thing to do and the right thing to do. I hope we will do so soon.
Federal judicial vacancies around the country still number too many, and they have persisted for too long. "
Sen. Leahy Statement at March 16th Judicial Nominations Hearing
(Democrat - Vermont)
03/16/11
"We had hoped to have an additional judicial nominee on this hearing today, but without blue slips from several Republican Senators, we were not able to include several nominees who are otherwise ready for hearings. I will continue to do as I have always done and respect the customary deference given to home state Senators by waiting to proceed on nominations from their states until both Senators have returned blue slips. This is meant to ensure that the home state Senators who know the needs of the courts in their state best are consulted and have the opportunity to make sure that the nominees are qualified. As Chairman, unlike certain of my Republican predecessors, I have not proceeded to hold a hearing on a single nominee without both blue slips having been returned. I hope that in return, that fairness is not abused simply to delay our ability to make progress filling vacancies. ...So far the Senate has considered a dozen of the many judicial nominations reported by the Committee last year but returned to the President without final Senate action. We have several more yet to consider. These are nominations that could and should have been confirmed last year.
There are currently 10 judicial nominees waiting for final Senate consideration ... We should be working to clear the calendar before the recess and not unnecessarily extend these vacancies. That is what a return to regular order entails.
Tomorrow I hope we will be able to report favorably another judicial nomination, that of Ed Chen to a judicial emergency vacancy in the Northern District of California."
Sen. Leahy Floor Statement On Judicial Vacancies and Nominations, including James Boasberg to be US District Judge for DC
(Democrat - Vermont)
03/14/11
"This is another of the nominations that could--and in my view should--have been considered and confirmed last year. Instead, it was unnecessarily returned to the President without final Senate action despite the nominee's qualifications and the needs of the American people to have judges available to hear cases in the Federal courts. ... Yet as we proceed with this nomination, Senate Republicans have objected to proceeding to the nomination of Amy Jackson. Both Judge Boasberg and Ms. Jackson were reported without opposition by the Judiciary Committee last year and, again, earlier this year. ... Chief Judge Lamberth wrote to Senate leaders last November urging action by the Senate to fill the vacancies that exist on the district court for the District of Columbia. We could and should have acted on both these nominations last year in response to that request.... In addition to Judge Boasberg, there are still 10 judicial nominees left waiting for Senate consideration having been reviewed by the Judiciary Committee: nominees to fill two judicial emergency vacancies in New York, a judicial emergency vacancy on the Second Circuit, a judicial emergency vacancy in California and vacancies on the Federal and DC Circuit, a vacancy in Oregon, and two vacancies in Virginia. They should be debated and confirmed without delay as well. I urge the Senate leadership to proceed to debate and vote on them before the upcoming recess. ... My friend from Iowa is fond of pointing to the vacancies for which there are not nominees. Of course, some of that is attributable to a lack of cooperation by certain home State Senators with the White House. ... every judge confirmed so far this year could and should have been confirmed last year. Every one of them was unanimously reported last year and would have been confirmed had Republicans not objected and created a new rule of obstruction after midterm elections."
Sen. Leahy: Senate Confirms Three District Court Judges: Two Nominees To Fill Judicial Emergencies
(Democrat - Vermont)
03/07/11
"Durbin for his efforts to fill longstanding vacancies that have plagued the Central District of Illinois.
These nominees are three of the 13 judicial nominations that were unanimously reported last year and have now been unanimously reported, again, this year by the Judiciary Committee. They could – and, in my view, should -- have been considered and confirmed last year.... Chief Judge Lamberth of the U.S. District Court for the District of Columbia, who warned that the breakdown in the judicial confirmation process is “injuring the country.” There are two judicial nominees to fill longstanding vacancies for his court still waiting for final consideration by the Senate. The Senate should consider and confirm them without further delay.... In contrast to the sharp reduction in vacancies we made during President Bush’s first two years when the Democratically-controlled Senate confirmed 100 of his judicial nominations, only 60 of President Obama’s judicial nominations were allowed to be considered and confirmed during his first two years. We have not kept up with the rate of attrition, let alone brought the vacancies down. By now they should have been cut in half. Instead, they continue to hover around 100."
Sen. Leahy Statement at 2nd Hearing on Goodwin Liu's Ninth Circuit Nomination
(Democrat - Vermont)
03/02/11
"I hope Republican Senators will give the same weight to Professor Liu's assurances that he understands the proper role of a judge that we did to Professor McConnell's identical assurances. I hope that after this second hearing and his third time being considered by the Committee that the Senate will finally be able to consider this extraordinary nominee."
Sen. Leahy Floor Statement on Georgia and other Judicial Nominations
(Democrat - Vermont)
02/28/11
"The good news is that we begin another week by considering two of President Obama’s judicial nominations. With judicial vacancies remaining over 100, nearly half of them judicial emergencies, the Senate’s action today on two outstanding nominees to fill judicial emergency vacancies in Georgia is much needed.
The bad news is that we did not consider these nominations earlier, and that we are not considering any of the other 8 judicial nominees awaiting final Senate consideration and confirmation. Two of those nominees, Sue Myerscough and James Shadid, were each nominated to fill emergency vacancies on the Central District of Illinois. Their confirmations would help relieve the Chief Judge of that district, who is the only active judge in the entire district. Chief Judge McCuskey wrote to Senator Durbin in November urging the Senate to take action to fill those vacancies, but we did not. Despite the desperate need in that district, neither of these nominations received final Senate votes when they were reported unanimously by the Judiciary Committee last year. Both have now been reported unanimously again, and we should not further delay taking care of this overburdened court and the hard-working Americans who depend on it."
Sen. Leahy Statement on Judicial Vacancies, Nominations & Letter from 76 public interest organizations
(Democrat - Vermont)
02/16/11
I ask that a letter sent to the Senate leaders, Senator Reid and Senator McConnell, be made part of the Record. This February 15, 2011, letter is from 76 public interest organizations urging the leaders to work together in a bipartisan fashion to proceed with prompt confirmation votes on judicial nominees who have been approved by the Committee on the Judiciary. These groups include disability groups, environmental organizations, labor, and many, many others. They note: "[A] growing number of Americans, from all walks of life and across all economic strata, are finding it increasingly more difficult to assert their legal rights and to have their fair day in court."
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