A project tracking federal judicial nominations and courts.
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Senator Statements
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Sen. Coburn Statement at Committee Meeting before voting for Andrew Hurwitz 9th Circuit Nomination
(Republican - Oklahoma)
03/01/12
Sen. Tom Coburn (R-Okla.), a conservative, complained that the Judiciary Committee needs to operate as it did before the disputes over Bush and Obama nominees became such high-intensity partisan fights. “I think the very issue … is what makes Americans sick of what we’re doing,” Coburn said. “It’s a tit for tat. We’ve got to get beyond that, the problems are too great for our country. What I do know is that presidents are entitled to their nominees.”
Sen. Kyl Before & After Committee Vote for Andrew Hurwitz Nomination
(Republican - Arizona)
03/01/12
Arizona Sen. Jon Kyl, who supported the nomination, said Thursday that the committee’s “overwhelming vote . . . will help to ensure that he (Hurwitz) will come up on the Senate floor in a timely fashion.” Kyl said he wholeheartedly supports Hurwitz’s nomination, pointing out his qualifications, temperament and intelligence, and noting that the judge has the support of Arizonans.
“If I believed that Justice Hurwitz had very firm anti-life views and if I believed that he could not differentiate between his own personal views and his responsibilities as a judge and would allow his own personal predilections to seep into his judicial decision-making, then I would not support it,” Kyl said. “But I don’t believe he’d do those two things.”
Kyl said fellow Arizona Sen. John McCain, who is not on the Judiciary Committee, also wholeheartedly supports the Hurwitz nomination.
Sen. Rubio Supporting Robin Rosenbaum District Court Nomination
(Republican - Florida)
02/29/12
“Magistrate Judge Rosenbaum has served as a United States magistrate judge in Fort Lauderdale, in the Southern District of Florida, since her appointment on September 4, 2007. Since her appointment to the bench, she has garnered a solid reputation with attorneys in the community for her intellect and abiding sense of fairness.”
Sen. Kirk: Senate Judiciary Committee Approves Federal Judicial Nominees in Northern District
(Republican - Illinois)
02/16/12
A spokesperson for Senator Mark Kirk (R-IL) provided the following statement on today’s hearing: “Senator Kirk has worked closely with Senator Durbin to advance the nominations of John Tharp and John Lee for the U.S. District Court in the Northern District of Illinois and we thank him for maintaining that momentum for both nominees through Committee today and upcoming confirmation by the full Senate.”
Sen. Scott Brown "going to do everything in my power to ... get a vote on [nominee] right away"
(Republican - Massachusetts)
02/15/12
Mr. Brown echoed the support for Judge Hillman, saying: “He is somebody who is greatly respected in Massachusetts and especially in the Worcester area. His innovation, integrity and dedication to fairness are really to be commended.”
Mr. Brown added that the process of selecting Judge Hillman was “clearly bipartisan,” indicating there should be no reason for a member of his party to hold up Judge Hillman’s nomination.
“I’m going to do everything in my power to encourage my colleagues to make sure we get a vote on this right away, because Massachusetts needs a jurist like him right away to do the people’s business,” Mr. Brown said.
Sen. Cornyn spokeswoman on Texas judicial vacancies
(Republican - Texas)
02/11/12
“Sen. Cornyn has been steadfast in his efforts to fill Texas’ vacancies on the federal bench, and he intends to work with Senate Democrats to see that these two pending nominees are confirmed,” said Drew Brandewie, a spokesman for the senator.
Sen. Grassley Floor Statement
(Republican - Iowa)
02/09/12
"he Senate is considering the nomination of Cathy Ann Bencivengo to be U.S. district judge for the Southern District of California. I support this nomination"
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. 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. 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.”
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. 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."
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. 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. 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. 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. 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. 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. 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.”
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