ACSBlog

  • November 11, 2011

    The Senate confirmed Judge Evan Wallach to the U.S. Court of Appeals for the Federal Circuit by a vote of 99-0. Sen. Jeff Sessions (R-Ala.) did not vote. Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) hailed the vote of Judge Wallach but chastised the Republican leadership for their “refus[al] to proceed on 24 of the 25 nominations stalled before the Senate.”

    Edward C. Dumont, another of the president’s nominees to the circuit, asked the president to withdraw his nomination to the bench, Metro Weekly reports. In a letter to the president, Dumont noted that despite being nominated more than 18 months ago, the committee had yet to schedule a hearing for him because of opposition from a minority of committee members. The president withdrew Dumont’s nomination on Thursday, and immediately nominated another candidate for the seat, D.C. intellectual property lawyer Richard Taranto.

    The president also nominated San Diego Superior Court Judge Gonzalo P. Curiel to the Southern District of California, trial attorney John Z. Lee and securities litigator John J. Tharp Jr. to the Northern District of Illinois, and Baltimore City Circuit Court Judge George Levi Russell III to the District of Maryland.

    By voice vote, the Senate Judiciary Committee voted out the nomination of Susie Morgan to the U.S. District Court for the Eastern District of Louisiana. The Times-Picayune reports that Morgan has the bipartisan support of her home state senators, Sens. Mary Landrieu (D-La.) and David Vitter (R-La.).

  • November 11, 2011

    by Nicole Flatow

    To address increasing concern about restrictive new state voting laws, several House members are hosting a forum Monday, featuring leading legal and civil rights leaders.

    The forum, “Excluded from Democracy: The Impact of Recent State Voting Law Changes,” will consider these laws’ potential to decrease voter participation and access to the ballot, especially for minority, low-income, elderly and student voters. According to a widely publicized report by the Brennan Center for Justice, laws passed in 14 states that require photo IDs, eliminate early voting and same-day registration, and impose other restrictions “could make it significantly harder for more than five million eligible voters to cast ballots in 2012.”

    “We are in a moment right now where we are seeing the most aggressive attempt to roll back voting rights in this country that we’ve seen in over a century,” said NAACP President and CEO Ben Jealous, who will speak at the forum Monday, in a video about the cause and impact of the state voting laws by the Brave New Foundation and the Advancement Project.

    Last week, two of the House members hosting the forum, House Democratic Whip Steny Hoyer (D-Md.) and House Administration Committee Ranking Member Robert Brady (D-Pa.), sent a letter signed by nearly 200 of their colleagues, calling on state officials “to oppose new state measures adopted over the last year that would make it harder for eligible voters to register or vote.”

    Two other hosts of the forum, House Judiciary Committee Ranking Member John Conyers (D-Mich.) and House Judiciary Constitution Subcommittee Ranking Member Jerrold Nadler (D-N.Y.)called on the House Judiciary Committee to conduct hearings on the restrictive new measures.

    Participants in the forum will include:

  • November 11, 2011

     

    by Nicole Flatow

    Skyrocketing criminal caseloads and a persistently high vacancy rate on the federal courts have left civil litigants, “from bereaved spouses to corporate giants” waiting years for their day in court, The Wall Street Journal reports.

    In Merced., Calif., plaintiffs who sued for alleged flood damage and chemical contamination almost five years ago have had trials postponed multiple times to make way for the criminal docket, incurring credit-card debt and forgoing planned expenses as they bear the cost of repairs on their own.

    "We get calls every day from clients asking what is happening, what is causing the delay," said lawyer Mick Marderosian, who is representing the plaintiffs.

    In Denver, Amy Bullock has waited two-and-a-half years and had her trial postponed twice on damages from the death of her husband in a 2006 truck accident.

    “I'm looking forward to having my day in court but, honestly, I feel like it may never happen,” she said.

    Many others lose hope before the wait is over. When Elizabeth and Nicholas Powers’ discrimination lawsuit was halted just prior to jury selection, they opted to settle rather than wait out the delay. And settlements prompted by such delays should cause alarm, because there is "no shortage of plaintiffs who wind up taking inadequate settlements,” the Center for American Progress’s Ian Millhiser told the newspaper.

    Criminal caseloads in the federal courts have jumped 70 percent over the past decade, while the number of judgeships has increased just four percent since 1990, according to the newspaper. Exacerbating this situation, the vacancy rate has hovered at alarming levels for the past several years due to the snail’s pace of the judicial nominations process.

    "Civil litigation has ground to a halt," Judge Mike McCuskey, chief judge for the Central District of Illinois, told WSJ.

    There are now 81 vacant seats on our federal courts, 31 of which have been deemed judicial emergencies by the Administrative Office of the U.S. Courts.

    Time is running out to fill these seats, as presidential election years are “notoriously bad for nominees,” The Washington Post’s Al Kamen warned recently.  

    To learn more about judicial nominations and follow developments, visit JudicialNominations.org.

  • November 10, 2011

    by Jeremy Leaming

    As the Supreme Court justices near a decision on whether to grant review of a legal challenge to the Obama administration’s landmark health care reform law, the Patient Protection and Affordable Care Act, a potentially persuasive path for addressing the matter has emerged for the high court’s conservative wing, Simon Lazarus writes for Slate.

    Lazarus, public policy counsel for the National Senior Citizens Law Center, takes a closer look at this week’s opinion from the U.S. Court of Appeals for the District of Columbia Circuit, noting that the majority opinion written by Reagan-appointee Judge Laurence H. Silberman “directly confronted the challenge to the individual mandate [the ACA’s integral provision requiring individuals to carry health care insurance starting in 2014], and rejected it outright. That’s a formidable statement from a conservative icon – and a warning shot to the justices of the Supreme Court.”

    Silberman’s opinion has grabbed attention because of his conservative bona fides, but Lazarus says the real power behind it rests on the methodology used to dismantle opponents’ arguments against the law.

  • November 10, 2011

    by Jeremy Leaming

    While it is unlikely to be replicated in the Republican-controlled House of Representatives, lawmakers on the Senate side took a step toward repealing the so-called Defense of Marriage Act or DOMA, the federal law that discriminates against lesbians and gay men.

    The Senate Judiciary Committee votied in support of the Respect for Marriage Act, which would repeal DOMA. Before today’s vote, Democrats rallied around marriage equality, while several Republicans decried the Committee's action as political posturing, and all voted against the repeal bill.

    Sen. Dianne Feinstein, who introduced the measure earlier this year, knocked DOMA, calling it “wrong when it passed in 1996 and it is wrong now. There are 131,000 legally married couples in this country who are denied more than 1,100 federal rights and protections because of this discriminatory law. I don’t know long the battle for full equality will take, but we are on the cusp of change, and today’s historic vote in the committee is an important step forward.”

    Committee Chairman Sen. Patrick Leahy (D-Vt.) blasted DOMA for denying equal treatment to gay couples. “The Federal Government should not deny recognition and protection to the thousands of Americans who are lawfully married under their state law. We must repeal DOMA to ensure the freedom and equality of all our citizens.”

    Sens. Charles Schumer, Richard Durbin, Al Franken, Christopher Coons and Blumenthal, also weighed in on the side of marriage equality. See some of their comments here.

    Republican Sen. John Cornyn, chided the Committee for moving the bill to the Senate floor where it would not be voted on “this year or next,” as The Huffington Post reports. According to Cornyn, today’s action was all about political maneuvering for next year’s general election.