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from The Great Debate:

Filling judicial vacancies to protect the progressive legacy

What could never happen, finally did.

For more than 30 years the Democratic Senate caucus feebly stood by as Republicans seized control of the federal courts. Now, however, faced with a GOP filibuster of nominees for three vacancies on the appeals court that could determine the fate of most of President Barack Obama’s initiatives, the Democrats have at last responded.

The Democratic Senate majority last month eliminated the 60-vote requirement to end filibusters against presidential nominees to the lower federal courts and the executive branch. With this, they blocked a key element of the GOP’s long-term strategy to overturn the progressive legislative and judicial advances of the past 50 years, and prevent new Democratic initiatives.

Five years into Obama’s tenure, Democratic judicial appointees are still barely even with the number of active Republican judges. There are 93 vacancies, including 37 judicial emergencies as of January 7, with 53 nominations pending. If Obama is to preserve President Franklin D. Roosevelt’s legacy – as well as his own -- against the many hostile judges now on the bench, he and the Senate will have to act quickly.

For if the GOP retakes the Senate in November, few of the president’s nominees will be confirmed in 2015-2016. The fate of progressive legislative and regulatory programs will then be in the hands of judges chosen by the next president.

from The Great Debate:

The Senate after filibuster reform

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The Washington Post editorial page led the charge in denouncing the change in Senate filibuster rules engineered by Majority Leader Harry Reid (D-Nev.) and 51 of his Democratic colleagues last Thursday. Many other media voices quickly followed suit.

Reid’s action to allow a simple majority of senators present and voting -- not the longstanding 60 -- to end debate and proceed to a vote on presidential nominations to executive and judicial offices (except the Supreme Court) has now been widely characterized as a radical step, certain to accelerate the poisonous partisanship in Congress. It will, critics insist, grievously damage the Senate’s comparative advantage over the House of Representatives in fostering bipartisan negotiation and compromise.

from Reihan Salam:

What the filibuster’s demise means for the Supreme Court

Now that Senate Majority Leader Harry Reid has ended the filibuster for district and appeals court nominees and executive branch appointments, it’s only a matter of time before the filibuster goes away for Supreme Court nominations and legislation as well. Reid’s decision has been a long time coming: One of his predecessors, Republican Bill Frist, came very close to ending the filibuster in 2005.

Even so, at least some observers are troubled by what they see as Reid’s recklessness. Former Senator Olympia Snowe and former Agriculture Secretary Dan Glickman, co-chairs of the Bipartisan Policy Center’s Commission on Political Reform, of which I’m a member, released a statement criticizing the filibuster decision on the grounds that “any alterations of rules or practices should be done judiciously, after careful consideration and with a balanced approach that incorporates views from all sides.”

from The Great Debate:

Time for Senate compromise on judicial nominees

All eyes were on the Senate last week as Democrats and Republicans reached an agreement to move forward on confirming certain stalled executive branch nominees. This new spirit of compromise was heralded, but before we begin celebrating, it is worth noting that judges were not part of the deal.

Federal trial and appellate courts have alarmingly high vacancy rates, each hovering at 10 percent. In the D.C. Circuit, which is often the final word on everything from environmental regulations to consumer protection rules, three of 11 seats remain vacant. In the trial courts, which resolve the vast majority of federal cases, the average number of vacancies has stayed above 60 for five straight years -- the only time that this has happened in more than two decades. Nationwide, there are currently 85 federal judgeships that need to be filled.

from The Great Debate:

Fighting the filibuster

President Barack Obama recently said Congress should “seize the moment” and summon a majority to push immigration reform. There is only one problem – Congress already did that.

Majorities in the House and Senate backed the DREAM Act, a bill creating a path to citizenship for young illegal immigrants brought to the United States as children, during Obama’s first term. The bill died, however, when a minority of Republicans filibustered it. So even if a new immigration majority materializes next year, Republicans can just filibuster again. Unless Erika Andiola gets her way.

from Stories I’d like to see:

Homeland loses focus, ditching the filibuster, unions that own big business

1. Protecting the Homeland….in New Zealand

Is Homeland Security Secretary Janet Napolitano completely on the sidelines? And has she not gotten the memo about limiting government travel? How else to explain that on May 2 she began a trip to New Zealand and Australia? May 2 was the anniversary of Osama bin Laden’s death, when we were supposedly on high alert for possible al Qaeda attacks; and it was also when the prostitution scandal involving the Secret Service – which is part of Napolitano’s department – was raging. A Department of Homeland Security press release described the trip this way:

In Wellington [New Zealand], Secretary Napolitano will meet with Prime Minister John Key, and participate in bilateral meetings with New Zealand counterparts to discuss a variety of issues including information sharing, combating transnational crime and human trafficking.

from The Great Debate:

After clash, Senate filibuster ends in whimper

Just a few minutes after the Senate failed for a third time in as many days to reach the 60-votes needed to approve a cloture motion on the financial reform bill (failing 56-42), Senate Majority Leader Harry Reid rose to his feet and asked the chamber's presiding officer:

"Mr President, I now ask unanimous consent the motion to proceed to S 3217 be agreed to."

from Tales from the Trail:

Specter believes Senate would reject filibuster against Obama’s pick for high-court ‘ideological battleground’

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The person who arguably knows as much as anyone in the U.S. Senate about counting votes and judicial confirmation battles has some advice for President Barack Obama:

Pick a U.S. Supreme Court nominee without regard to a possible Republican procedural roadblock known as a filibuster.

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