At Least Republicans Will Be Consistent If They Block Obama's Supreme Court Pick

They're preventing Obama's other judicial nominees from getting confirmed. Why stop there?
|
Open Image Modal
Senate Majority Leader Mitch McConnell (R-Ky.) is the gatekeeper to judicial confirmations. He may have flushed the key down the toilet.
Mark Wilson via Getty Images

WASHINGTON -- If Republicans spend the next year preventing President Barack Obama from filling a Supreme Court vacancy, which they're vowing to do, at least that nominee will have company.

More than 30 judicial nominees are currently waiting for the Senate to confirm them to federal court seats. Some have been gathering dust for over a year, like Waverly Crenshaw, a Tennessee district court nominee who was nominated on Feb. 4, 2015. He would fill a court seat that's been empty for 441 days. Susan Baxter, a Pennsylvania district court nominee, would fill a seat that's been empty for 913 days. That's more than two years.

Crenshaw and Baxter are among the 12 district court nominees who are ready for a Senate confirmation vote but going nowhere anytime soon. Another 22 district and circuit court nominees are sitting in the Judiciary Committee, waiting for a vote or a hearing of any kind.

It's not that these nominees are controversial. In fact, many were recommended to the White House by GOP senators. It's just that Republicans don't want Obama to put his judicial picks on courts. They'd rather punt all confirmations until 2017, when there might be a GOP president who would put forward nominees more to their liking.

In the meantime, court vacancies are rising, cases are being delayed for years on end and judges are burning out trying to keep up.

Obama on Tuesday noted the parallels between Republicans threatening to derail his Supreme Court nominee -- he hasn't even announced his pick yet -- and the attitude they've taken toward his other judicial picks.

"In some ways, this argument is just an extension of what we've seen in the Senate generally," he said. "We've almost grown accustomed to a situation that is almost unprecedented, where every nomination is contested. Everything is blocked, regardless of how qualified the person is."

Open Image Modal
Republicans are already blocking Obama's judicial picks, so what's a Supreme Court nominee on top of that?
Pablo Martinez Monsivais/ASSOCIATED PRESS

Last year was Obama's worst for judicial confirmations. Republicans, who had just regained their majority in the Senate, only let 11 federal judges through -- the fewest confirmed in over 50 years. The process for those nominees went something like this: Get nominated by Obama, wait months for a committee hearing, wait weeks for a committee vote, get unanimously voted out, sit on the Senate floor for months, get overwhelmingly confirmed. In other words, lots of sitting around that doesn't actually need to happen.

In some cases, the same GOP senator who originally recommended a judicial nominee to Obama is now the one holding up the process. Sen. Marco Rubio (R-Fla.), for example, recommended Florida district court nominee Mary Flores to the White House. She was nominated in February 2015, but hasn't moved since. That's because Rubio won't turn in his so-called "blue slip" to the Judiciary Committee. The blue slip signals that a home-state senator is ready to move forward with his or her nominee. Without that slip, the committee chairman won't give a nominee a hearing.

Flores' other senator, Bill Nelson (D-Fla.), turned in his blue slip months ago. If Rubio ever relents and turns in his slip, Flores would be on track to fill a court seat that's been empty for 644 days. That seat is also considered a judicial emergency, meaning its judges have more than 600 cases, or between 430 and 600 cases for over 18 months -- a totally unmanageable workload.

To be fair, Senate Majority Leader Mitch McConnell (R-Ky.) did agree to move a package of five judicial nominees earlier this year, and all have been confirmed. But it's not clear when, or if, McConnell plans to let any more judicial nominees through while Obama is in office. 

"No new announcements yet," said McConnell spokesman Don Stewart.

Also on HuffPost:

Supreme Court Justices Get Out Of The Office
Sonia Sotomayor(01 of14)
Open Image Modal
Supreme Court Justice Sonia Sotomayor throws out the ceremonial first pitch before the New York Yankees play the Boston Red Sox in a baseball game at Yankee Stadium in New York. (AP Photo/Bill Kostroun) (credit:AP)
Elena Kagan(02 of14)
Open Image Modal
Supreme Court Justice Elena Kagan, center, stands on the field during batting practice before a baseball game between the Washington Nationals and the Arizona Diamondbacks at Nationals Park in Washington. (AP Photo/Pablo Martinez Monsivais) (credit:AP)
Samuel A. Alito(03 of14)
Open Image Modal
United States Supreme Court Associate Justice Samuel A. Alito, Jr. throws out the ceremonial pitch before a baseball game between the Oakland Athletics and Texas Rangers Wednesday, June 19, 2013, in Arlington, Texas. (AP Photo/Tony Gutierrez) (credit:AP)
Ruth Bader Ginsburg (04 of14)
Open Image Modal
U.S. Supreme Court Justice Ruth Bader Ginsburg waves to the crowd before discussing Roe vs. Wade case on its 40th anniversary at The University of Chicago Law School in Chicago. (AP Photo/Paul Beaty) (credit:AP)
Antonin Scalia(05 of14)
Open Image Modal
US Supreme Court Associate Justice Antonin Scalia poses for a photo during the White House Correspondents’ Association Dinner in Washington, DC. (BRENDAN SMIALOWSKI/AFP/Getty Images) (credit:Getty Images)
Sonia Sotomayor(06 of14)
Open Image Modal
U.S. Supreme Court Justice Sonia Sotomayor pushes the Waterford crystal button that signals the descent of the New Years Eve Ball in Times Square in New York. (Photo by Charles Sykes/Invision/AP) (credit:AP)
Antonin Scalia(07 of14)
Open Image Modal
Surrounded by security, Supreme Court Justice Antonin Scalia walks October 10, 2005 in the annual Columbus Day Parade in New York City. (Photo by Spencer Platt/Getty Images) (credit:Getty Images)
Samuel A. Alito, Jr.(08 of14)
Open Image Modal
United States Supreme Court Associate Justice Samuel A. Alito, Jr., left, participates in a fireside chat event with the Honorable Ronald A. Cass at Roger Williams University Law School in Bristol, RI. (AP Photo/Lindsey Anderson) (credit:AP)
Ruth Bader Ginsburg (09 of14)
Open Image Modal
U.S. Supreme Court Justice Ruth Bader Ginsburg speaks with National Constitution Center president and CEO Jeffrey Rosen. (AP Photo/Matt Rourke) (credit:AP)
John Roberts(10 of14)
Open Image Modal
Chief Justice John Roberts stands in front of the U.S. Supreme Court Building in Washington, DC. (Photo by Mark Wilson/Getty Images) (credit:Getty Images)
Ruth Bader Ginsburg(11 of14)
Open Image Modal
Supreme Court Associate Justice Ruth Bader Ginsburg, left, enters the UC Hastings College of the Law in San Francisco. Ginsburg is scheduled to discuss the role of Supreme Court Justices in our political system; progress on achieving gender equality, the legal limits of free speech, working relationships among the Justices, and more at the law school this evening. (AP Photo/Ben Margot) (credit:AP)
Clarence Thomas(12 of14)
Open Image Modal
Supreme Court Justice Clarence Thomas addresses the audience during a program at the Duquesne University School of Law in Pittsburgh. (AP Photo/Tribune Review, Sidney Davis) (credit:AP)
Elena Kagan(13 of14)
Open Image Modal
Associate Justice of the U.S. Supreme Court Elena Kagan speaks onstage at the FORTUNE Most Powerful Women Summit on October 16, 2013 in Washington, D.C. (Photo by Paul Morigi/Getty Images for FORTUNE) (credit:Getty Images)
Stephen Breyer (14 of14)
Open Image Modal
US Supreme Court Justice Stephen Breyer answers a question during an interview with Agence France-Presse at the Supreme Court in Washington, DC. (JEWEL SAMAD/AFP/GettyImages) (credit:Getty Images)

Our 2024 Coverage Needs You

As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.

Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.

to keep our news free for all.

Support HuffPost