Republicans Continue Blocking Appointments of Federal Judges

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“Many blame the Senate Republicans for this. One of the senators’ prerogatives is to put individual “holds” on a nominee, stopping the candidate’s progress to a full vote on the floor. This has happened not just to left-wing radicals, but to nominees who had received not a single negative vote from either party in the judiciary committee, which votes first on a nominee. Senators can place a hold in secret, avoiding the embarrassment that such naked politicking might bring if it were known.”

BE CAREFUL WHAT YOU WISH FOR

EDITOR’S COMMENT: The conventional wisdom is that if the republicans simply block all efforts of the current Obama administration, including appointment of Judges, that eventually their turn will come up to bat again and Democrats are too wishy-washy to block Republican appointments even if there are good reasons. Maybe so.

But as judicial watchers have known for centuries, this kind of thinking sometimes leads to some surprising results. While a liberal or Democratic Judge might be constrained to not appear “activist” and thus rule conservatively in favor of the pretender lenders, a Republican or conservative Judge is under no such restriction. And my eavesdropping and interviews have led me to believe that the banks are in for some very nasty surprises from “conservatives” who are already on the bench.

In the final analysis, every judge wants to be seen as fair, impartial, firm and to to be known as the author of well-written opinions that get quoted all over the place, particularly on the appellate level. The laws to be applied here are neither novel, new or complex. It is the pretender lenders who are introducing complexity in order to finesse the requirements of law, evidence and procedure. And it isn’t working anymore. for the first time, I am getting more reports of success in motion practice against the pretender lenders,than I am getting about “failures.” The concern about a lot of incompetent lawyers or pro se litigants making bad law is diminishing.

Just as Nixon opened up relations with China at a time when any Democrat would have been impeached for being a communist traitor, the conservative judges are actually a pretty good bet for the borrowers over the short-term intermediate term and long-term.

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Judicial appointments

Judge not

Vacancies have accumulated fast in Barack Obama’s first two years

Dec 9th 2010 | WASHINGTON, DC | from PRINT EDITION

OF AMERICA’S 876 federal judgeships, 110 are vacant at present. Confirmations for Barack Obama’s nominees have come more slowly than for any president in modern history. Just 46% of his choices have been confirmed by the Senate, despite the Democrats’ large majority there during the first two years of his term.

Many blame the Senate Republicans for this. One of the senators’ prerogatives is to put individual “holds” on a nominee, stopping the candidate’s progress to a full vote on the floor. This has happened not just to left-wing radicals, but to nominees who had received not a single negative vote from either party in the judiciary committee, which votes first on a nominee. Senators can place a hold in secret, avoiding the embarrassment that such naked politicking might bring if it were known.

Republicans reject the notion that the vacancies are their fault. Russell Wheeler of the Brookings Institution, a centre-left think-tank, concurs: Mr Obama has nominated only about two-thirds as many judges as George Bush junior did in the equivalent period, he notes. This is because nominations can take time. By convention, many “presidential” nominees are first suggested by their home-state senators. With a president and a senator of opposite parties this can lead to a conflict like that between Mr Bush and Carl Levin, a Michigan Democrat, which dragged on for much of the Bush presidency.

Presidents tend to defer to senators on nominees to district courts, while more often making their own choices for the appeals (or “circuit”) courts. Nonetheless, home-state senators in effect keep a veto, known informally as a “blue slip”, over both. This can require protracted negotiations between president and senator. Mr Obama—according to members of a bipartisan panel hosted recently by the American Constitution Society to discuss the vacancies—has simply had other priorities. This included nominating two members of the Supreme Court, which is said by insiders to have distracted the entire White House counsel’s office for ten weeks on each occasion.

Wherever the fault lies, the backlog is a serious problem. The Judicial Conference, the policymaking body of the federal court system, ranks 50 of the vacancies as “emergencies”. These include district judgeships with 600 or more cases filed and moving nowhere, or 700 or more filings for a circuit panel. The eastern district of California has a thousand-case pile-up. Border courts in Texas, dealing with drugs and immigration cases, are overwhelmed. The small but important district of Delaware, where many companies are incorporated, is making do with just two federal judges, causing havoc in the various commercial cases. Bill Robinson, the incoming president of the American Bar Association, says that the quality of justice inevitably suffers: “Witnesses die, memories fade.”

But the issue fails to exercise the general public—or at least, the general Democratic public. After judges seemed to get too uppity in the 1960s and 1970s, Republicans successfully turned “activist judges” into bogeymen, creating bodies like the Federalist Society to nurture conservative legal talent. And Mr Bush effectively used the bully pulpit to call for an “up-or-down” vote on all his nominees at once, leading to a confrontation but ultimately a compromise with Democratic senators in 2005. Dozens of Mr Obama’s nominees are still waiting for something similar.

4 Responses

  1. […] the original post: Republicans Continue Blocking Appointments of Federal Judges   Tags: barack-obama, democratic, foreclosure Posted in: […]

  2. I am not sure why people vote for a party that is obviously in cahoots with the banks that are the main cause of a recession almost as bad as the depression. Remember, if it is all about everyman for himself, the downfall of the middle class will cause almost everybody to fall. The hyper rich are going to move out of the US after they have stolen as much as possible. “Let them eat cake.” Who cares about anybody else. Wall Street is sociopathic. http://www.challengingforeclosure.com Sirak@challengingforeclosure.com

  3. Very questionable events this last decade, all equaling the depletion of America’s “wealth” in symbolic currency.

    So three years ago a few people saw the residential crisis.

    Now we can get ready for the slow motion collapse of the Hotel, Retail Commercial realms, which will eventually lead to the plummet of the American global reserve’s dollar status.

    This will affect fuel prices, and the rest will be a fast melting snowball effect. The big signs are that we are in not a cyclic slump, but a global structural change. Printing money, historically, is the pre-cursor to putting off some other very huge bubbles that will erupt in the next three years.

    So all in all, how come us dummies see it, but not one politician? If America’s rich cannibalized the poor traditionally, and now are cannibalizing the middle classes and shortsighted investors, how long until they cannibalize each other? Within the next 3 years.

    This is a website for prophets, built by prophets, LOL!

    Mark my Word… Press….

  4. The Senate the place where bills go to die and it seems everything else. Terms limits for everyone !

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