SCOTUS: Tipping The Scales Between Politics And The Rule Of Law

The vote on Sonia Sotomayor’s SCOTUS nomination is likely to come at 3 pm ET today.

Would that other legal positions were also a priority in the Senate.  This is what happens when you fail to make the rule of law a priority:

Sen. Patrick Leahy (D-Vt.), speaking at the start of a committee meeting, expressed frustration that the Senate has not confirmed any nominees to the federal judiciary this year. In all, he said, there are 17 nominations that the Judiciary Committee has sent to the full Senate and that are still awaiting confirmation.

"The Senate has to do better," Leahy said. "There’s actually no excuse for not having moved yet."

What’s the logjam, you ask? A failure on any number of fronts, including a big fat failure of leadership:

…senators haven’t come to agreement to bring them to a vote.

The nomination of Judge Sonia Sotomayor to the Supreme Court has contributed to the slowdown among legal nominations. She is likely to be confirmed next week, and the Office of Senate Majority Leader Harry Reid (D-Nev.) has said he hopes to break the backlog of other nominees before the Senate recess set to begin Aug. 7.

Who hasn’t yet been approved? We’re still waiting for Senate action on Dawn Johnsen.  That this is beyond irritating is no news to regulars here.

But there are also 5 USAtty positions, 3 other DOJ leadership positions [Thomas E. Perez (civil rights), Mary L. Smith (tax), and Christopher Schroeder (Office of Legal Policy)], 3 federal judges [David F. Hamilton (7th Circuit); Gerard Lynch (2nd Circuit); and Andre M. Davis (4th Circuit)] and other legal advisers peppered throughout the executive branch pending votes. 

The continued lack of political will on rule of law issues is unacceptable. Period. 

 
35 Responses to "SCOTUS: Tipping The Scales Between Politics And The Rule Of Law"
Christy Hardin Smith | Thursday August 6, 2009 05:15 am 1

Morning all — gorgeous day here. Hope yours is as well.


PonchoLefty | Thursday August 6, 2009 05:54 am 2

Morning Christy. I emailed you this AM. Please consider taking action on it.


Christy Hardin Smith | Thursday August 6, 2009 05:59 am 3
In response to PonchoLefty @ 2

Haven’t seen it yet — been rather busy here this morning already. Will see once I get a chnce to catch up on e-mail…


PonchoLefty | Thursday August 6, 2009 06:18 am 4
In response to Christy Hardin Smith @ 3

Christy: I have to go, but I just want to say that I am disappointed that FDL put information about a health care event that nobody took time to confirm was actually not a health care event. It does not help FDL, the Progressive Movement, or certainly our relationship with Congresswoman Gwen Moore to cause a problem at a non-political event where people are coming to deal with their housing/foreclosure challenges. That event is for a specific purpose and FDL may have caused them a problem by misinforming the entire internet that it was something it is not.


Christy Hardin Smith | Thursday August 6, 2009 06:22 am 5
In response to PonchoLefty @ 4

I’m not working with that project, but I’ll pass that along to folks who are.


foothillsmike | Thursday August 6, 2009 06:29 am 6

Morning Christy, Harry Reid needs to be replaced. This bipartisanship charade needs to be buried. It is nothing more than capitulation to the rethugs.


foothillsmike | Thursday August 6, 2009 06:37 am 7

The current vote appears to be 63 to 31 with 6 uncommitted. I guess we have to allow the bloviating to continue. Seems that many of the rethugs have decided that advise and consent really means advise and control.


Phoenix Woman | Thursday August 6, 2009 06:38 am 8
In response to PonchoLefty @ 4

Thing is Poncho, the teabaggers don’t care if it’s a health care event or not. If they know a Democratic legislator will be there, they will swarm the event and try to shut it down.


Leen | Thursday August 6, 2009 06:51 am 9
In response to Christy Hardin Smith @ 1

Sun is out after several days of grey. Tomatoes finally coming on.

Thanks for all you do


Leen | Thursday August 6, 2009 07:36 am 10

If only Orrin Hatch supported the constitution and held the Bush administration accountable for their many serious crimes. We know Hatch was concerned about lies under oath about bj’s

and he has the nerve to lecture someone about the constitution..what hypocrisy


cbl2 | Thursday August 6, 2009 07:45 am 11
In response to Phoenix Woman @ 8

Mornin’ Christy and Firedogs,

Right On PW – they were thwarted at a Mike Ross/Vic Snider event yesterday (security presence and so-called ‘overflow’ rooms for the crazies)- but were clearly prepared to reek havoc at a Childrens Hospital fer goodness sakes.


cbl2 | Thursday August 6, 2009 07:46 am 12
In response to cbl2 @ 11

omg – “wreak”


oldgold | Thursday August 6, 2009 07:59 am 13

I continue to see many of the issues that burn here as not so much a failure of leadership, although there is plenty of that, but as a systemic problem that reults from the intial undemocratic construct of the Senate and the awful procedural rules the Senate adopted long ago.

Both the construct and rules were adopted to protect America’s original sin: slavery. The “saucer” metaphor is a Jefferson/Madison euphemism for this.


jayt | Thursday August 6, 2009 08:12 am 14
In response to cbl2 @ 12

I kinda liked “reek”.

jmo.


siri | Thursday August 6, 2009 08:28 am 15

The Senate is broken.
It needs to be scraped and start from square one and rebuild it.
It’s completely and totally disfunctional.
And a broken senate is crippling our government.
AND GET THE HELL RID OF REID!


siri | Thursday August 6, 2009 08:31 am 16

We are hot and cloudy here again today. I’m hoping it “burns off” so we can get in some lake time this afternoon!
We are under the total stress of 3 bored dogs.
Thanks for asking, Christy.


oldtree | Thursday August 6, 2009 08:48 am 17

When will they be allowed to vote to rid themselves of Harry Reid? The man is a republican now, if he wasn’t always. He has enabled everything Bush wanted, and now he is fighting everything his own party wants.

We have no government, tis’ clear. We have no leaders, also quite clear. We have no future if we have no one willing to act when the world comes to it’s terminal orbit with the sun. The religious idiots are happy. They have done all they can to move us to the end of life on this planet as we know it. It burns. It burns


Beerfart Liberal | Thursday August 6, 2009 08:49 am 18

Piss me off. Gerard Lynch must be confirmed immediately and without delay – which i guess is sorta the same thing, no? We went to the same high school so he must be of impeccable character. Right?


Beerfart Liberal | Thursday August 6, 2009 08:49 am 19

hmm.


Beerfart Liberal | Thursday August 6, 2009 08:50 am 20

shot a blank there at 18


Beerfart Liberal | Thursday August 6, 2009 08:51 am 21

anyway, @ 18 I just said that Judge Lynch must be confirmed without delay for the simple, but compelling, reason that we went to the same high school


greenwarrior | Thursday August 6, 2009 08:53 am 22

The continued lack of political will on rule of law issues is unacceptable. Period.

agreed.
g’morning christy and everyone.
i dearly miss having dawn johnsen at olc.

OT: i just was online over at jon stewart’s place and watched what they had on from the show from last night. at the end was a clip i wish i’d never seen: dick morris saying the journalists freed from n. korea should have just lived with the consequences of their actions. this was the first time i’ve seen dick morris. may the rest of my days be free from anyone ever having to listen to him on public airwaves again.


Sufilizard2 | Thursday August 6, 2009 08:56 am 23
In response to siri @ 15

Frighteningly this fits right in with the following diary at http://seminal.firedoglake.com/diary/6987.


SanderO | Thursday August 6, 2009 09:02 am 24
In response to siri @ 15

I have suggested term limits for a quarter century so that we can get rid of dead wood.

We should also dump the seniority system and have it a merit based no senator left behind kinda thing where they need to take a test on history and procedure.


Ann in AZ | Thursday August 6, 2009 09:05 am 25

Emptywheel has a new post up awaiting our attention: “On PDB Day, a New Direction against Terrorism? John Brennan’s Coming Out Party?”


siri | Thursday August 6, 2009 09:11 am 26
In response to Sufilizard2 @ 23

That was an excellent, if disconcerting article, Sufilizard2.
Kudo’s for a great and thought provoking effort.
Scared the hell outa me. Here I thought we were working our way OUT of the parking lot with the election of dems.
*sigh*


siri | Thursday August 6, 2009 09:12 am 27
In response to SanderO @ 24

I agree totally with all of your comments, SanderO.
Further, I think We The People should have at least SOME say if not the final word in who leads both houses of Congress.
Look what we get otherwise!


Hugh | Thursday August 6, 2009 09:20 am 28

We all knew that the USAs under Bush had been dangerously politicized. What gets me is how slow Holder has been to replace those who were the most involved in political prosecutions, like those in Alabama.

Restoration of the DOJ does not seem to be a priority. Naming liberals to any position in the Obama Administration or to the federal courts is antithetical to Democrats. Obama promised change. Recruiting and pushing to confirmation nominees just isn’t that hard. Republicans could be dealt with in much the same way as Republicans dealt with Democrats. I keep coming back to the fact that Obama does what he wants. When he wants something he fights for it. The truth is that Obama is pretty much OK with a politicized conservative DOJ and judiciary.


demi | Thursday August 6, 2009 09:44 am 29

Saved by this thread being front paged. I just woke up to a fantabulous clear and so far cool day in LA. Not something that happens in the dog days around here very often. It’s my day off, and I went swimming last night. Maybe why I slept in on my one day off this week.
And, I’m glad I came here first, because I’m putting off the errands I was going to run so that I can watch the vote. Hoping it’s televised.
I agree with Jayt that Reeks works just as well. The stupid not only burns, but it stinks to high heaven.


Ann in AZ | Thursday August 6, 2009 09:46 am 30

Jane has a new post up if we’re ready: “Bob Filner Takes the Pledge — 15 Down, 25 to Go”


foothillsmike | Thursday August 6, 2009 09:51 am 31

The current count as to who supports and who opposes confirmation is 67 to 31. The two who have no listings as to support vs opposition are Sen Byrd and Sen Begich.


demi | Thursday August 6, 2009 10:30 am 32

OT of this, but am cross-posting a comment from Jane’s current…because I told you I’d let you know.
Just got off the phone with a staffer at my rep’s office – Brad Sherman. He isn’t scheduling a town hall meeting for Health Care for August. He just had a TH at the end of June. But, the staffer told me of two events he will be attending and will be available to speak with constituents. (In the San Fernando Valley – Valley Concerts at the Warner Center, August 16th & 30th. I plan on attending.
He has not taken a stand on which bill he supports, but in the past has supported Universal Health Care.


hazmaq | Thursday August 6, 2009 11:03 am 33
In response to foothillsmike @ 6

Reid is the Worstest Majority Leader EVER!

This bumbling feeble minded guy is being held in place as cover by the very same Dogs that haunt any and all Senate progress. But he’s too gutless and deceitful to admit he lost all control of the Senate.

That started the day he and Schumer’s DSCC conspired to re-install Joe Lieberman.

Insider quid pro quo schemes rule the Senate now-on both sides.


Leen | Thursday August 6, 2009 12:05 pm 34

Rally like that the new Senator Franken from Minnesota was able to announce the count


Leen | Thursday August 6, 2009 12:15 pm 35

Whee hee 68/31


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