We heard that Harry Reid would make a last stand to deal with the crisis in the federal judiciary, and now we’re getting it. Today, Reid announced he would spend the next two weeks seeking to confirm 17 federal judges who received unanimous or near-unanimous votes out of the Senate Judiciary Committee.
Reid will file cloture on all 17 of these judicial nominees, and seek to confirm them out of the Senate one by one.
“People have a right under our rules to hold up the next judge in line for 30 hours … that will show what this is all about … that will show it’s an effort to embarrass the president and not take into consideration 160 million people who don’t have an ability to have their cases tried in an orderly manner,” said Reid [...]
“For tens of millions of Americans the right to equal justice under the law is at risk,” said Reid. “I am sorry to say it’s because of Republican ideology.”
There truly is a crisis in the federal judiciary. The average nominee under Obama for circuit courts of appeals has waited 136 days for confirmation, and the average district court nominee has waited 93 days. This has created a logjam in the federal courts, where 16% of all civil cases in 2010 had to wait three years or more for a resolution. And the vacancy rates on the federal bench are actually going up.
This judicial nomination fight will intersect with the President’s controversial recess appointments of the CFPB’s Richard Cordray and several members of the National Labor Relations Board. A few Senate conservatives, like Mike Lee and Jim DeMint, have vowed to obstruct all Presidential nominees until those recess appointments get rolled back. So far, the rest of the caucus hasn’t joined them. But this escalates that fight significantly.
I said at the beginning of 2011 that the Senate might as well devote themselves to confirming judges. It’s not like they have much else to do. Reid is taking that advice now, planning to make a spectacle out of Republican obstructionism.




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Harry,
Does the phrase “nuclear option” bring back any memories?
This is your fight to keep the Republicans from totally packing the courts with Republican ideologues.
Yes but won’t this distract from Republicans making total asses of themselves with womens health issues? Really, now of all times when their main propaganda man is fighting for his job? This is piling on, don’t ya think? Well, yes it is. Ok so accuse the Democrats of over-reaching.
haha… but the fraud settlement didn’t risk equal justice…
At last, Democrats with BALLS! Will the Dems actually follow through on their threats? I would LOVE to see it, but why am I not optimistic?
The right to equal justice under law is definitely at risk, and not just at the federal level. However, it’s disgusting how lax Dems have been over appointing Judges. Yet another sign of the collusion and/or capitulation of so-called “Democrats” to the PTB/1%.
Set up the Kabuki Show to full dysfunctional level; don’t push for Judge appointments; wait ’till the last possible moment; and then cue the whining and crying over putative meanie-bully “Republicans” who wah wah wah won’t “let” so-called “Democrats” do their jobs.
this whole thing is pathetic.
BTW, state courts across the nation (with a few exceptions) are suffering HUGE cut-backs accross the boards, which is also greatly hindering citizens access to anything approximating “equal justice under the law.”
Is it accidental?? OR the desired intention??
Most citizens, per usual, are asleep at the wheel and have no idea…
Thanks for the post.
Im definitely not smart enough nor informed enough to know all the details. But I surely do want to pull for Harry who seems to have a way of coming thru in the quirkiest way….hope that will be the case here. Let’s go Harry….
Yo Mr. Dayen, any thots as to the exact TYPE of adjudication these confirmed judges will adjudicate once set in place?
Terrorists? Domestic Terrorists? More black and brown people?
While I fully concur the GOP has fucked up judicial issues lo and high, I also remain adamant the entire system is corrupted lo and high, and once sat, these judges will be part of Fascist Corporate’s stranglehold and death grip on the throats of we the people.
Let’s be careful what we wish for, ya think? ;-)
It’s more about the good fight than the ho-hum nominations, themselves. Gotta stir up the lazy public again lest they take a nap, rather than getting the benches filled. Those priorities are skewed.
Harry, just do whatever you need to, to get them in place.
It’s a sad day when demanding exactly what the GOP demands is seen as having balls.
All we want is for the system to work slightly. If Roberts and Alito had been treated by the Democrats the way the GOP treats Democratic nominees, there would be no Citizens United stain on our legal and electoral systems.