Talking Through Their Hats: The Opposition to President Obama’s D.C. Circuit Court Nominees

by Sidney Shapiro | June 05, 2013

In the old television series, "Cheers," barfly and braggart Cliff Clavin was a guy who was forever "talking through his hat," offering up an endless supply of ridiculous factoids and explanations. Cliff made for good television, but the same cannot be said for the Senate Republicans who seem to be borrowing his approach. That's what's at work with the Republican effort to block President Obama’s nomination of three distinguished lawyers to fill longstanding vacancies on the D.C. Circuit Court of Appeals by eliminating the open positions. The GOP claims the appointments are unnecessary because the circuit doesn’t need the judges – describing the nominations as “court packing.”

What utter nonsense! Even Cliff Clavin would blush at the argument! It's so absurd that I can't imagine even the Republicans believe it. The obvious reason that the GOP opposes the nominations is that filling these long-vacant seats will mean that more judges on the court will have been appointed by Democratic presidents than Republican ones.   That, of course, is what happens when we have elections. In that sense, the opposition is more than nonsensical; it is an effort repeal the system established by the Constitution for the appointment of judges.

Let's dispense with the merits — to use the term loosely — of the GOP's argument. Statistics from the Federal Judicial Center indicate that there were an average of 1,152 cases pending (not yet decided) in the D.C. Circuit during the eight years ...

Statement of CPR Scholar Sid Shapiro on President Obama's Nominations to the DC Circuit Court of Appeals

by Sidney Shapiro | June 04, 2013
Today, President Obama announced three nominations to the D.C. Circuit Court of Appeals. The President nominated law professor Cornelia T.L. Pillard, appellate lawyer Patricia Ann Millett and federal district judge Robert L. Wilkins to the Court. The Court has had many longstanding vacancies, including one slot that was filled when the Senate confirmed Sri Srinivasan for the post in late May. If confirmed, the President's new nominations would fill all remaining vacancies. Below is Center for Progressive Reform Member Scholar Sidney ...

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