President Obama Nominates Rose, Shea

President Obama yesterday nominated Stephanie Marie Rose to the United States District Court for the Southern District of Iowa, and Michael Shea to the United States District Court of Connecticut.

Ms. Rose is currently the United States Attorney for the Northern District of Iowa; she has been appointed to fill a seat that will become vacant in July when incumbent Judge Robert W. Pratt takes senior status. Mr. Shea is in private practice at Day Pitney LLP in Hartford, CT; he has been appointed to fill the seat vacated on November 28, 2011 when Judge Christopher Droney, who previously held the seat, was confirmed to the Second Circuit.

With these nominations, there are now 41 nominees pending for the 105 current and future vacancies in the federal judiciary. For the most up-to-date and comprehensive information on judicial nominations, visit the Judicial Selection Project webpage.

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Age of Obama's Judicial Nominees

Alliance for Justice recently released a report on the state of the judiciary during the first three years of the Obama administration. In addition to vacancy, nomination, and confirmation rates, we examined demographic and background information on each of Obama's nominees.

The average age of President Obama's appointees -- 52.0 years old -- is considerably higher than the average age of any of the last three Republican presidents' confirmed judges. The age discrepancy is particularly glaring for circuit court appointees, who have been, on average, 4-6 years older than Republican presidents' appointees. Republican presidents have shown no hesitancy in nominating people under 50 to circuit court seats, and in fact placed a premium on selecting young nominees.

If you examine the age distribution of Obama's nominees, it is apparent that they skew marginally toard the upper 50s, raising his average above his predecessors.

Click to enlarge

For more information on the demographic and professional backgrounds of Obama's judicial nominees, download our latest report, "The State of the Judiciary: Judicial Nominations During the First Three Years of the Obama Presidency."

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Senate Judiciary Committee Hearing for Morgan

The Senate Judiciary Committee today held a hearing on the nomination of Susie Morgan to the United States District Court for the Eastern District of Louisiana. Senator Chris Coons (D-DE) presided over the hearing; also in attendance were ranking member Senator Chuck Grassley (R-IA) and Senator Mike Lee (R-UT). Morgan was nominated by President Obama on June 7, 2011 and has waited 135 days to have her hearing before the Committee.

For the most up-to-date and comprehensive information on judicial nominations see our Judicial Selection Project page.

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Three Nominees Confirmed; 23 Left Waiting

The Senate voted to confirm three nominees to U.S. District Court seats today.  Mark Raymond Hornak and Robert N. Scola, Jr. were confirmed by unanimous consent to seats in the Western District of Pennsylvania and the Southern District of Florida, respectively.  Robert David Mariani was confirmed by a bipartisan vote of 82-17 to a seat in the Middle District of Pennsylvania.

Mariani, nominated on Dec. 1, 2010, has waited 323 days to be confirmed to fill his seat which has been declared a judicial emergency by the Administrative Office of the U.S. Courts.  It has been 91 days since he was reported out of the Senate Judiciary Committee without opposition on July 21.  Scola is also filling a judicial emergency vacancy; it has been 169 days since his nomination on May 4, 2011.  Hornak, like Mariani, has waited 323 days for his unanimous confirmation by the Senate.

For the most accurate, up-to-date information on the judicial selection process, visit the Judicial Selection Project page.

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Senate Confirms Three District Court Nominees

Today, the Senate confirmed Alison Nathan to the United States District Court for the Southern District of New York by a vote of 48-44; Susan O. Hickey to the United States District Court for the Western District of Arkansas by a bipartisan vote of 83-8; and Katherine B. Forrest to the United States District Court for the Southern District of New York by a unanimous voice vote.

The Senate took no action on 27 other judicial nominees currently pending on the Senate floor, 26 of whom were reported out of committee either unanimously or with strong bipartisan support and 9 of whom have been nominated to fill vacancies that are “judicial emergencies” as determined by the Administrative Office of the U.S. Courts. There are now 107 current and future vacancies in the federal judiciary—1 in 8 judgeships— and only 7 fewer than there were at the beginning of the current Congress.

With the confirmation of Alison Nathan, the number of life-tenured openly gay federal judges has increased to three; two of these were appointed by President Obama and one by President Clinton.

For the most accurate, up-to-date information on the judicial selection process, visit the Alliance’s Judicial Selection webpage.

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Thirty Nominees Awaiting Final Senate Votes

Today the Senate Judiciary Committee voted five judicial nominees out of committee, moving them forward to the full Senate for confirmation, bringing the total number of nominees awaiting floor votes to 30.  

Adalberto José Jordán, nominee to be United States Circuit Judge for the Eleventh Circuit, and three United States District Court nominees: Mary Elizabeth Phillips to the Western District of Missouri, Thomas Owen Rice to the Eastern District of Washington, and David Nuffer to the  District of Utah were reported out on a unanimous, en banc voice vote. John M. Gerrard to the District of Nebraska, was reported out on a bipartisan voice vote, with only one senator voting no.

Both Jordán and Nuffer have been appointed to fill vacancies designated as “judicial emergencies” by the Administrative Office of the United States Courts. Currently there are 32 judicial emergency vacancies, with 20 persons nominated to fill the seats. 

Responding to the strain being placed on our justice system by the lack of judges in the courts, the Committee also reported out S.1014, the Emergency Judicial Relief Act on a vote of 15-3, with Senators Grassley (R-IA), Sessions (R-AL), and Coburn (R-OK) voting no. The bill would establish ten new judgeships in parts of the country where courts are overloaded because the bench is woefully understaffed.

Holding swift votes on the 30 nominees pending on the Senate floor, all but 1 of whom came out of Committee with little or token opposition, is one way the Senate can take direct, immediate action to ease the burden on our judiciary and ensure that the American people have access to justice.

For the most up-to-date and comprehensive information on judicial nominations, see the Alliance for Justice’s Judicial Selection Project webpage.

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Obama Nominates Shwartz to the Third Circuit

President Obama has nominated Judge Patty Shwartz to the United States Circuit Court of Appeals for the Third Circuit. Since 2003, she has served as a Magistrate Judge on the United States District Court for the District of New Jersey.  She has taught as an adjunct professor of law at Fordham University School of Law since 2009.

Judge Shwartz graduated from Rutgers University in 1983 with highest honors and was named the Outstanding Woman Law Graduate of her class upon graduating from the University of Pennsylvania Law School in 1986.  Her previous legal experience includes working as an associate at Pepper, Hamilton & Scheetz (now Pepper Hamilton LLP);  serving as a law clerk to the Honorable Harold A. Ackerman of the United States District Court for the District of New Jersey from 1987 to 1989; and working in a variety of positions in the United States Attorney’s Office for the District of New Jersey from 1989-2002.

With this nomination, there are now 53 nominees pending for the 109 current and future vacancies in the federal judiciary.  For the most up-to-date and comprehensive information on judicial nominations, visit the Judicial Selection Project webpage.

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Hearings on Five Nominees, Two to Fill Judicial Emergencies

The Senate Judiciary Committee today held hearings on the nominations of Stephanie Dawn Thacker to the United States Court of Appeals for the Fourth Circuit and of Michael Walter Fitzgerald, Ronnie Abrams, Rudolph Contreras, and Miranda Du to serve as United States District Judges in the Central District of California, the Southern District of New York, the District of Columbia, and the District of Nevada, respectively.

If confirmed, Fitzgerald and Du will both be filling vacancies that have been deemed “judicial emergencies” by the Administrative Office of the U.S. Courts. Senator Dick Durbin (D-IL) presided over the hearings; also in attendance were committee members Senator Mike Lee (R-UT) and Senator Chris Coons (D-MD).

With 108 vacancies in our federal courts, 32 of them judicial emergencies, the Senate should move swiftly to put these well-qualified nominees on the federal bench.

For the most up-to-date and comprehensive information on judicial nominations, download the Alliance for Justice’s Judicial Selection Snapshot and The State of the Judiciary May–August 2011: Judicial Nominations in the 112th Congress.

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A Bill To Create New Federal Judgeships

On October 6, the Senate Judiciary Committee will consider S.1014, The Emergency Judicial Relief Act of 2011.

The bill, introduced by Senator Dianne Feinstein (D-CA) in May, would create 10 new district court judgeships:

• 2 for the District of Arizona
• 4 for the Eastern District of California
• 1 for the District of Minnesota
• 1 for the Southern District of Texas
• 2 for the Western District of Texas

The bill would also convert existing temporary judgeships in the District of Arizona and the Central District of California into permanent judgeships. The incumbents in the current temporary judgeships would remain in the converted seats, and the president would name nominees to fill the new positions.

The bill has bipartisan support from co-sponsors Senator Barbra Boxer (D-CA); Senator John Cornyn (R-TX); Senator Al Franken (D-MN); Senator Kay Bailey Hutchison (R-TX); Senator Amy Klobuchar (D-MN); Senator John Kyl (R-AZ); and Senator John McCain (R-AZ).

Also on October 6, the committee will vote on five judicial nominees: Evan Wallach to the United States Circuit Court for the Federal Circuit, and four United States District Court nominees (Dana Christensen, District of Montana; Cathy Bencivengo, Southern District of California; Gina Marie Groh, Northern District of West Virginia; Margo Brodie, Eastern District of New York). 

All five were automatically held over by the Republican members of the Judiciary Committee at its last Executive Business meeting, rather than being considered on the day their nominations were first brought to the committee.

The creation of new federal judicial seats and the confirmation of nominees to fill them will help to ease the crushing case-loads that are currently overwhelming inadequately staffed federal courts and preventing people from gaining access to justice.

For the most up-to-date and comprehensive information on judicial nominations, visit the Judicial Selection Project webpage.

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President Obama Makes 2 New Nominations

President Obama has nominated Stephanie Dawn Thacker to the United States Circuit Court for the Fourth Circuit and Gregg Jeffrey Costa to the United States District Court for the Southern District of Texas. Ms. Thacker would fill the seat left open by the death of Judge Michael, and Mr. Costa would fill a judicial emergency seat created when Judge Rainey took senior status. Ms. Thacker is currently a practicing attorney and adjunct professor of law specializing in complex litigation, environmental and toxic tort litigation, and criminal defense. From 1994-1999 she served as an Assistant United States Attorney, taking part in the first prosecution in the nation under the Violence Against Women Act. She worked for the Department of Justice at the Child Exploitation and Obscenity Section from 1999-2006, focusing on issues related to sex trafficking, sex tourism, child sexual exploitation and related matters. Mr. Costa has served as an Assistant United States Attorney in the Southern District of Texas since 2005. He clerked for Chief Justice William Rehnquist from 2001-2002 after serving for a year as a Bristow Fellow at the Office of the Solicitor General in the United States Department of Justice. Before entering law school, he was a school teacher in Mississippi through the Teach for America program.

With these nominations, there are now 57 nominees pending for the 113 vacancies in the federal judiciary. For the most up-to-date and comprehensive information on judicial nominations, visit the Judicial Selection Project webpage.

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Two Nominated to District Courts

President Obama has nominated Judge David Ogden Nuffer to the United States District Court for the District of Utah, and Thomas Owen Rice to the United States District Court for the Eastern District of Washington.

Judge Nuffer is a United States Magistrate Judge for the District of Utah, a position he has held on a full-time basis since 2003 and held on a part-time basis from 1995 to 2003. Mr. Rice is an Assistant United States Attorney for the Eastern District of Washington, a position he has held since 1987. The seat to which Judge Nuffer has been nominated is considered to be a judicial emergency by the Administrative Office of the U.S. Courts.

For the most up-to-date and comprehensive information on judicial nominations, visit the Alliance for Justice’s Judicial Selection Project webpage.

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Senate Judiciary Committee Reports Out 3 Nominees, Holds Over 1 Nominee, and Schedules Hearings for 5 Nominees

The Senate Judiciary Committee Held a two-part Executive Business Meeting today, with a previously unannounced closed-door meeting sandwiched in between. At the originally scheduled business meeting this morning, the Committee unanimously reported out two nominees en banc: Marina Garcia Marmolejo, nominee to the Southern District of Texas, and Wilma Antoinette Lewis, nominee to the District of the Virgin Islands. After reporting out these nominees, the committee abruptly suspended the business meeting, went into closed-door session, and issued a notice that the business meeting would reconvene this afternoon. When the committee reconvened its business meeting, it reported out the nomination of Michael C. Green, nominee to the Western District of New York on a voice vote, with only Sen. Lee (R-UT) objecting, and it held over a vote on the nomination of Steve Six to Tenth Circuit Court of Appeals until its next meeting on June 23^rd.

Apart from today’s business meeting and closed-door session, the committee also scheduled a hearing next week for five nominees: Christopher Droney to the Second Circuit Court of Appeals; Robert D. Mariani to the Middle District of Pennsylvania; Cathy Bissoon and Mark R. Hornak to the Western District of Pennsylvania; and Robert N. Scola, Jr. to the Southern District of Florida. Sen. Blumenthal (D-CT) will preside at the hearing.

For the most up-to-date and comprehensive information on judicial nominations, visit the Alliance for Justice’s Judicial Selection Project webpage.

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Stephen Higginson Nominated to the Fifth Circuit Court of Appeals

President Obama has nominated Steve Higginson to the United States Court of Appeals for the Fifth Circuit. Mr. Higginson, a former editor-in-chief of the Yale Law Review, is currently an Assistant United States attorney in Louisiana.

With Mr. Higginson’s nomination, there are now 10 nominees pending for the 21 vacancies in our federal appellate courts.

For the most up-to-date and comprehensive information on judicial nominations, visit the Alliance for Justice’s Judicial Selection Project webpage.

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Senate Confirms Edward Chen to District Court Seat in San Francisco

Last night, the Senate confirmed Ed Chen to the Northern District of California on a vote of 56-42. The vote represents a major victory for Senators Feinstein and Boxer, the Asian-American community, the public interest legal community, and everyday Americans who deserve highly qualified judges.

Judge Chen is the first Asian American to serve as a federal district court judge in San Francisco. He has had a distinguished career both as a federal magistrate judge and as an attorney for the American Civil Liberties Union. Originally nominated on August 6, 2009, he had been pending for longer than any other Obama nominee, so his supporters have long been pushing for—and looking forward to—this day.

For the most up-to-date and comprehensive information on judicial nominations, visit the Alliance for Justice’s Judicial Selection Project webpage.

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Senate Agrees to Vote on Ed Chen, Nearly Two Years After His Nomination

Last night, the Senate agreed to hold a confirmation vote on the nomination of Edward Milton Chen to the United States District Court for the Northern District of California, avoiding a possible cloture vote on his nomination. An exact time for the vote has not yet been set, but it has a good chance of happening next week.

The agreement to vote on his nomination states:

“At a time to be determined by the Majority Leader, in consultation with the Republican Leader, there will be 3 hours of debate on the Chen nomination, with the time equally divided and controlled between Senators Leahy and Grassley or their designees. Upon the use or yielding back of time, the Senate will proceed to a roll call vote on confirmation of the Chen nomination.”

Republicans consented to the vote after losing a cloture vote on the nomination of Jack McConnell earlier this week. The agreement to vote on Judge Chen’s nomination is a victory for Senators Feinstein and Boxer, who have strongly supported his nomination.

Judge Chen is currently the longest pending judicial nominee, having been nominated on August 6th, 2009. If confirmed, he would become the second Asian American ever to serve in the Northern District of California, which includes San Francisco.

For the most up-to-date and comprehensive information on judicial nominations, visit the Alliance for Justice’s Judicial Selection Project webpage.

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Senate Confirms Jack McConnell to District of Rhode Island

After defeating a Republican filibuster attempt, the Senate confirmed Jack McConnell as a United States District Judge in the District of Rhode Island by a vote of 50 to 44. The vote represents a major victory for Senators Reed and Whitehouse of Rhode Island, who worked tirelessly to ensure Mr. McConnell’s confirmation. It is also a victory for moving forward on other judicial nominations.

Judge McConnell is the 20th judicial nominee confirmed during the 112th Congress, and the 82nd during the Obama presidency. There are currently 90 remaining vacancies in the federal judiciary, including 35 seats considered to be “judicial emergencies” by the Administrative Office of the U.S. Courts. With Mr. McConnell’s confirmation, 11 judicial nominees await a final confirmation vote in the Senate.

For the most up-to-date and comprehensive information on judicial nominations, visit the Alliance for Justice’s Judicial Selection Project webpage.

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Senate Breaks Filibuster Of District Court Nominee Jack McConnell

PRESS RELEASE

ALLIANCE FOR JUSTICE PRAISES SENATE FOR BREAKING THE FILIBUSTER OF DISTRICT COURT NOMINEE JACK McCONNELL AND TURNING AWAY EFFORTS BY CORPORATE INTERESTS TO CAPTURE THE NOMINATIONS PROCESS

Washington, D.C., May 4, 2011– Alliance for Justice President Nan Aron released the following statement on the successful vote in the United States Senate to overcome a Republican filibuster of the nomination of Jack McConnell to the United States District Court for the District of Rhode Island:

We commend the United States Senate for turning back efforts to prevent Jack McConnell from receiving a vote for a seat on the United States District Court. Democrats, along with 11 principled Republicans, refused to participate in the filibuster of a district court nominee. This effort to stymie a final vote was virtually without precedent and blatantly disregarded Senate traditions. Today’s vote was also a victory for everyday Americans against those who were willing to unceremoniously discard long-standing Senate practices and the fragile spirit of comity in order to satisfy the desires of the U. S. Chamber of Commerce. This attempt by senators beholden to corporate interests to politicize the judicial nomination process demonstrated profound disrespect for a process that has served the Senate well throughout its history and for the judicial system itself, which faces a crisis of empty courtrooms across the nation. We congratulate those senators from both parties who were willing to fulfill their constitutional duty and put the interests of the nation first.

With today’s vote and the establishment of a clear bipartisan consensus on the need for yes-or-no votes on nominees to the federal bench, the path is now clear to move forward on all nominees pending in the Senate, including Jack McConnell. We call on the White House and the Senate to increase the pace of nominations and confirmation and to redouble their efforts to fully staff our federal courts.

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Cloture Filed on Jack McConnell's Nomination

Last night, Majority Leader Harry Reid filed a cloture petition on the nomination of Jack McConnell to the United States District Court for the District of Rhode Island. This is the first cloture petition filed on a judicial nominee in the 112th Congress, and the first petition filed on a district court nominee during the Obama presidency. It is also the first cloture petition filed on a federal district court nominee since 2004.

In fact, only two cloture petitions were filed on district court nominees during George W. Bush’s presidency, and in both cases there wasn’t actually a cloture vote, as the Senate invoked cloture by unanimous consent and quickly confirmed the nominees. That there wasn’t a cloture vote on President Bush’s district court nominees is unsurprising, as district court nominees have long been subject to less Senate scrutiny than circuit court nominees. The cloture filing on Mr. McConnell’s nomination is also notable because he enjoys bipartisan support from Senator Lindsey Graham (R-SC).

In filing the petition, Majority Leader Reid said that “I hope, as I mentioned this morning, we are not in a situation where we have to file cloture on district court judges. That is a little much... I would hope we could get this done on Wednesday when this cloture motion ripens.”

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Five Nominees Reported From Senate Judiciary Committee, Hearing on Four More Next Week

On Thursday, the Senate Judiciary Committee reported out five nominees: Goodwin Liu, nominee to the United States Court of Appeals for the Ninth Circuit on a party-line vote; Esther Salas, nominee to the United States District Court for the District of New Jersey on a unanimous voice vote; J. Paul Oetken and Paul A. Engelmayer, nominees to the United States District Court for the Southern District of New York on unanimous voice votes; and Ramona V. Manglona, nominee to the United States District Court for Northern Mariana Islands on a unanimous voice vote.

The Senate Judiciary Committee has scheduled a hearing for next Wednesday on four judicial nominees: Henry Floyd to the United States Court of Appeals for the Fourth Circuit; Nelva G. Ramos to the United States District Court for the Southern District of Texas; Richard B. Jackson to the United States District Court for the District of Colorado; and Sara L. Darrow to the United States District Court for the Central District of Illinois.

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One Judge Confirmed, Two More Nominated

On Monday, the Senate confirmed Jimmie Reyna to the United States Court of Appeals for the Federal Circuit by a vote of 86-0. Judge Reyna is the first Hispanic American to serve on the Federal Circuit.

On Wednesday, President Obama nominated two people to district court seats: Sharon L. Gleason to the United States District Court for the District of Alaska; and Susan Owens Hickey to the United States District Court for the Western District of Arkansas. Ms. Gleason is currently the Presiding Judge of the Third Judicial District of the Alaska Superior Court in Anchorage, a position she has held since 2009. Ms. Hickey is currently a Circuit Judge for the Thirteenth Judicial Circuit for the State of Arkansas in El Dorado, a position she has held since 2010.

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