With the U.S. Senate poised to vote today on another of President Obama’s judicial nominees — U.S. District Judge Andre M. Davis of Maryland (left), it’s worth noting that yet again, the senate is proceeding very deliberately, taking up one judge at a time for confirmation by a floor vote.
Writing recently in response to criticism of Obama’s approach to judicial nominations, University of Richmond law professor Carl Tobias said the real cause of delays in approving Obama’s nominees is a bottleneck at the senate.
The committee has approved 14 federal court nominees, and the real bottleneck has been Senate floor action. Of those 14 nominees, only five have received floor debate and confirmation; nine are pending without GOP consent to consider them. Senator Reid has attempted to cooperate with Senator McConnell and Republicans — but to no avail. For example, McConnell insisted that the Senate consider no lower court nominees until it had confirmed Supreme Court Justice Sonia Sotomayor, which delayed the process until September.
The unanimous consent procedure allows one senator to stop the entire body, and anonymous holds have delayed specific nominees’ consideration. Reid has been reluctant to employ cloture, which forces votes, mainly because this practice wastes valuable floor time. However, on Tuesday, Reid took the unusual step of invoking cloture to secure a floor vote on Southern District of West Virginia Judge Irene Berger. She is the third uncontroversial judicial nominee on whom Reid has been forced to seek cloture. Indeed, the GOP has ratcheted up the stakes with the unprecedented action of placing holds on noncontroversial nominees.
At least thus far, it’s hard to blame the political maneuvering and delay tactics on the quality of the candidates, since once Obama’s nominees actually make it to the senate, they have been approved overwhelmingly. Not counting U.S. Supreme Court Associate Justice Sonia Sotomayor’s 68-31 vote on Aug. 6, the four candidates approved by the full senate have received a grand total of three votes against them, and all of those were cast during the vote that confirmed U.S. District Judge Gerald Lynch to the 2nd Circuit Court of Appeals by a 94-3 margin.
It will be interesting to see if any senators vote against Davis. Sen. Jeff Sessions (R-Ala.) recently said, during the discussion that preceded Judge Irene C. Berger’s confirmation, that Davis’ record as a judge was “a cause for some concern.” Soon, voters will see if any of Sessions’ colleagues share his concerns over Davis — at least enough to vote against him.