Judiciary Watch

Judicial confirmations stalled in Congress

The current Congress has confirmed a total of 16 judges.  In all of 2015, just 11 judges were confirmed, the fewest since 1960.  There are currently 84 judicial vacancies on the federal courts, with 49 nominations pending. 

Since Republicans took control of the Senate in January 2015, just one federal appeals court vacancy has been filled.  Generally, Senators sign off on nominees for judgeships in their states before the president makes a nomination, but Republicans have recently refused to do so.  President Obama has broken with this tradition and made several nominations to appellate courts, including  Hon. Abdul Kallon, a District Court judge in Alabama, for an 11th Circuit Appeals Court seat that has been vacant since October 2013. Alabama’s Republican senators, Richard C. Shelby and Jeff Sessions, despite having supported Kallon’s nomination to the district court in 2009, have withheld their support.

Other Obama appellate court nominees include: Lisabeth Hughes to the 6th Circuit; Rebecca Ross Haywood to the 3d Circuit; Lucy Koh to the 9th Circuit; Jennifer K. Puhl to the 8th Circuit; and Donald K. Schott and Myra C. Selby to the 7th Circuit.  A spokesman for the President said, “The calendar was running out, and it was time to get moving.  At some point the process just has to get started.”  He said the President is hopeful at least some of the nominations will get through. 

District of Columbia Chief Judge Roberts retires

Chief Judge Richard W. Roberts of the federal district court in the District of Columbia announced his retirement yesterday, citing health issues.  His retirement came the same day that a Utah woman filed a civil suit against him accusing him of sexually assaulting her over 30 years ago, when she was a 16-year old witness in a case Roberts was prosecuting.  Roberts’ attorneys said he would “vigorously challenge these false allegations,” but acknowledged a consensual relationship took place after the trial and called it “a bad lapse in judgment.”  The Utah Attorney General’s office declined to bring criminal charges.

Obama nominates Merrick Garland to Supreme Court

President Obama announced this morning the nomination of Hon. Merrick Garland, Chief Judge of the D.C. Circuit Court of Appeals, to the U.S. Supreme Court.  He called Garland "uniquely prepared" to assume this position immediately. 

Obama's Supreme Court pick reportedly near

The New York Times reports that White House officials said Monday that President Obama is nearing a decision on a Supreme Court nominee.  Hon. Merrick Garland, Hon. Sri Srinivasan, and Hon. Paul J. Watford, all U.S. Circuit Court judges, are considered the three finalists for the nomination.  Obama said on Monday that his choice would be “a consensus candidate.”  The decision is expected this week.

Watford, 48, was confirmed to the 9th Circuit Court of Appeals in 2012.  He is a graduate of U.C.L.A. School of Law and clerked for Justice Ruth Bader Ginsberg.  He is a former Assistant U.S. Attorney and was a partner with Muber, Tolles & Olsen in Los Angeles.  Garland, 63, and Srinivasan, 49, sit on the D.C. Circuit Court of Appeals. 

Obama to meet with McConnell, Grassley to discuss Supreme Court vacancy

President Obama is to meet this morning with Republican Senators Mitch McConnell (KY) and Charles E. Grassley (IA), Chairman of the Senate Judiciary Committee, about filling the Supreme Court vacancy left by the death of Justice Scalia.  Senators Harry Reid (NV), minority leader, and Patrick Leahy (VT), and Vice President Joseph Biden, will also attend.  Obama has said that he will name a nominee with a “sterling record” and “a deep respect for the judiciary’s role.”  Republicans have vowed that they will not hear confirmation hearings until after the next President takes office in 2017.

Thomas breaks 10-year silence

On Monday Justice Clarence Thomas broke his silence from the Supreme Court bench, 10 years and one week since last asking a question.  His questions came in a case involving domestic violence convictions and gun rights and were concerned with the constitutional protections in the Second Amendment.  There was speculation that Thomas was spurred to participate by the absence of Justice Scalia, one of the most voluble members of the Court.