First order of business

Now that the people have voted, it's time for our senators to do the same. And the first order of business when they return today for the lame duck session should be to address the serious vacancy crisis in our courts.

There are 19 pending nominees that have waited an average of 236 days for final confirmation votes. Over half of these nominees would fill judicial emergencies.

• Judge Patty Schwartz of New Jersey has been waiting over 400 days
• Judge Robert Bacharach of Oklahoma has been waiting over 290 days
• Judge Brian Davis of Florida has been waiting over 250 days.

Most of these nominess are noncontroversial - the Senate could approve them in minutes. But the longer the Senate fails to act on these nominees, the longer everyday Americans, from New Jersey to Oklahoma to Florida, are left to deal with a vacancy crisis in our courts.

When there are too few judges, the wait for justice can be unbearable. Forcing people to wait months, even years to stand up for their rights in court can do profound harm. Medical bills caused by injuries due to negligence may pile up while families wait for justice; parties may be forced to travel long distances as cases are shifted to districts with more judges; memories may fade, witnesses may die.

It’s time for the Senate to put politics aside and vote on all pending nominees. Send a message to your senators today!

Read more about the "judicial cliff" in AFJ President Nan Aron's blog at The Huffington Post

Cloture Filed on 10th Circuit Nominee Robert Bacharach

Judge Bacharach

This afternoon Majority Leader Reid (D-NV) filed cloture on Judge Robert E. Bacharach’s nomination to the Tenth Circuit Court of Appeals.  A vote is expected next Monday at 5:30pm.  Bacharach is a noncontroversial nominee, rated unanimously “well qualified” by the ABA, who was reported out of the Judiciary Committee with bipartisan support.  Ultraconservative Senators Tom Coburn (R-OK) and James Inhofe (R-OK) both strongly back his nomination.  Indeed, when recently asked about the efforts to block a vote on Judge Bacharach, Senator Coburn told The Oklahoman on June 12, 2012 that: “I think it’s stupid.”  Senator Inhofe, in introducing Bacharach at his committee hearing, said that: “I believe that Judge Bacharach would continue the strong service Oklahomans have provided the Tenth Circuit.”

The question now is whether Senate Republicans will vote in support of an unquestionably qualified, consensus nominee. 

Earlier this summer, Senate Minority Leader Mitch McConnell (R-NV) invoked the so-called “Thurmond Rule”, an informal call to arms for Republican senators to block judicial nominees before the election so as to keep seats vacant for a potential future Republican president to fill.  If Republicans were to block Bacharach, however, it would be first time a circuit court nominee reported to the floor with bipartisan support has been successfully filibustered.

Blocking the confirmation of Judge Bacharach would add yet another obstructionist precedent to the growing pile of similarly inglorious precedents four years in the making.  The net effect of this obstructionism has been to keep dozens of judgeships unnecessarily vacant.  These efforts have gone far beyond simple political retribution.  Indeed, by July 26, 2004, 197 of President Bush’s circuit and district nominees had been confirmed.  By July 26 of this year, only 154 of President Obama’s circuit and district nominees have been confirmed, more than 40 confirmations fewer than at this point in President Bush’s first term.  Due to Republican obstruction, President Obama will be the first President in at least 30 years to complete his first term with more judicial vacancies than when he took office.

Simply put, it’s time for Senate Republicans to stop playing politics with the federal judiciary and start confirming nominees who everyone agrees would be great judges and who are desperately needed in courtrooms around the country. Click here to tell your Senators to end the filibuster of Judge Bacharach.
 
For more information on vacancies and pending nominees visit AFJ's Judicial Selection Project.

Confirm Paul Watford to the Ninth Circuit!

UPDATE: This alert is no longer active. Paul Watford was confirmed by a vote of 61-34. All Senate Democrats voted for confirmation, as did Republican Senators Lamar Alexander, Scott Brown, Susan Collins, Lindsay Graham, Dick Lugar, John McCain, Lisa Murkowski, and Olympia Snowe.

Paul Watford was nominated last fall to an "emergency" vacancy on the Ninth Circuit Court of Appeals. An uncontroversial, mainstream candidate, he has attracted support from across the political spectrum and been given the highest possible qualification rating by the nonpartisan American Bar Association.

Some Republicans have spoken out strongly against Watford. For example, Chuck Grassley of Iowa says he opposes Watford because he served as co-counsel on a case and on an amicus brief challenging Arizona's controversial immigration law. Grassley and others had even gone so far as to begin a filibuster.

Of course, it's not the first time Republicans have seized upon flimsy excuses to mount last-ditch opposition against well-qualified nominees.

The opposition to those was almost certainly designed merely to drag out the process and make the president look bad. And now the same thing is happening to Paul Watford.

And while that partisan game plays out on the Senate floor, our federal courts remain critically understaffed.

On issues ranging from employment discrimination to health care, federal courts play an increasingly important role in the lives of hardworking Americans. But with caseloads soaring and the nominations process bogged down in partisan bickering, too many Americans are being forced to wait too long for their day in court.

Tell your senators to confirm Paul Watford to the Ninth Circuit, where new judges are badly needed.

Click here to take action!

Senators need to stand up

** UPDATE: THIS ALERT IS NO LONGER ACTIVE **

A small handful of senators, led by Mike Lee of Utah and Rand Paul of Kentucky, have committed to stalling or blocking every single judicial nominee put forth by President Obama.

And they're getting away with it because the reporters, the consultants, and the pollsters -- and even many of their colleagues -- just haven't paid much attention to the holds on nominees, the "extended debate," and the threats of filibusters.

But the vast majority of senators oppose these partisan games and obstructionist tactics, and we need those senators to stand up and speak out.

Ask your senators to speak out on the floor of the U.S. Senate about America's judicial vacancy crisis, and the twenty nominees who are awaiting Senate action.

The State of the Union

** UPDATE: THIS ALERT IS NO LONGER ACTIVE ** 

With America's judicial vacancy crisis growing worse by the day, President Obama highlighted the sorry state of the confirmation process during his State of the Union address.

Now you can join him in calling on the Senate to relieve the pressure on our courts caused by ballooning caseloads and judicial emergencies.

Tell your senators that delays are unacceptable. Ask them to vote on pending nominees without delay, without obstruction, and without partisan games.

Asking the Supreme Court to Do the Right Thing

The Alliance for Justice and ten other reform-minded organizations have sent a letter to the justices of the Supreme Court calling upon them to formally and voluntarily bind themselves to the Code of Conduct for United States Judges.

The Code of Conduct applies to all other members of the federal judiciary; only the nine justices of the Supreme Court are exempt. The members of the Court state that they look to the Code for guidance and act as if bound by it; however, behavior by some of the justices, including attending and speaking at overtly political gatherings and participating in fundraisers, belies this claim.

We call on the justices of the Supreme Court to take affirmative action to assure the public of their commitment to the highest standards of ethics by formally adopting and binding themselves to the Code of Conduct, action they can, and should, take on their own.

Add your voice! Sign our petition to Chief Justice Roberts and ask that the Supreme Court voluntarily adopt the Code of Conduct.

Outrageous: Senate leaves all 21 nominees high and dry

** UPDATE: THIS ALERT IS NO LONGER ACTIVE ** 

Thanks to AFJ members, more than 33,000 messages were sent to Capitol Hill asking that the Senate hold final confirmation votes on the 21 judicial nominees who have been cleared by the Judiciary Committee. These urgently needed and well-qualified nominees are ready to serve in some of this nation's most overworked courtrooms, if only the Senate would schedule a simple yes-or-no vote.

But the Senate left town without finishing its business. According to The Hill newspaper, here's what happened over the weekend:

"Senate Republican Leader Mitch McConnell (R-Ky.) on Saturday afternoon blocked more than 50 judicial and executive branch nominees, demanding assurances that President Obama not make recess appointments during Christmas break... Republicans are wary of Obama appointing a director to the new agency tasked with implementing Wall Street reform during the congressional recess."

With America's judicial vacancy crisis growing worse by the day, Senator McConnell blocked votes in order to protect the big corporations that caused our economic crisis.

Here's what we're going to do about it. Remember those 33,000 emails that have already been sent to Capitol Hill?

We want Senator McConnell to get just as many emails from everyday Americans who are fed up with the games, fed up with the gridlock, and fed up with McConnell's willingness to use our judicial system as a hostage in his political schemes. Let's all remind Senator McConnell that fair and functioning courts are vital to a healthy democracy.

An average of 184 days

** UPDATE: THIS ALERT IS NO LONGER ACTIVE ** 

 With each passing day, America's judicial vacancy crisis grows worse.

There are currently 23 nominees awaiting final votes in the Senate. They've had their hearings, the Judiciary Committee has deliberated, and they were approved by the committee -- most without any opposition at all.

Those nominees have put their lives on hold while the Senate drags its feet. Caitlin Halligan has been waiting over 400 days for a vote. Some nominees, like Christopher Droney of Connecticut, have been nominated to seats that are considered "judicial emergencies" -- and Droney's nomination to the Second Circuit has been pending nearly 200 days.

It's time for the Senate to do its job and hold votes on these 23 nominees. Send a message to your Senators and the Senate leaders. Tell them that the obstruction and partisan games must end.

Here are the shocking figures:

• 23 pending nominees
• 21 with very strong bipartisan support
• 19 unopposed in committee
• 8 to fill judicial emergencies
• And if votes were held today, the nominees' average wait time would be 184 days

Knee-jerk obstruction in the Senate and the slow pace of confirmation votes threaten to make the judicial confirmation rate during President Obama's first term lower than for any president in modern history.

Send a message to your senators and to Minority Leader Mitch McConnell and Majority Leader Harry Reid -- tell them to end the backlog and call for a vote on all pending nominees!

What's standing in the way of reform?

The Code of Conduct for U.S. Judges lays out ethical guidelines to protect the integrity of our judicial system, and its rules bind every federal judge... except nine. Can you guess which?

That's right... the Code of Conduct for U.S. Judges applies to every federal judge except the nine justices of the Supreme Court.

As Slate.com Senior Editor Dahlia Lithwick put it in AFJ's latest film, "When you tell people that the Code of Conduct applies to everyone but Supreme Court justices, they think it's a joke. That's how preposterous it is."

But we can change that, right now. Sign our petition and send a message to Chief Justice John Roberts and let him know that it's time for every Supreme Court justice to follow the same rules that govern every other federal judge in America.

Several Supreme Court justices have recently made headlines by engaging in behavior that likely would not be permitted if they sat on lower courts.

• Justice Alito has headlined fundraisers for right-wing groups such as the American Spectator magazine.
• Justices Scalia and Thomas attended political strategy and fundraising conferences hosted by the ultra-conservative billionaire Koch brothers. The justices have also allowed their names to be used to draw attendees.
• Justice Thomas maintains a relationship with conservative funder Harlan Crow that stretches the appearance of unethical behavior beyond the breaking point.

There's nothing stopping the Court from voluntarily adopting the Code of Conduct and putting an end to the kind of behavior that has left many Americans wondering if Supreme Court justices are becoming "politicians in robes."

Click here to send a message to John Roberts. Tell him that the Court could voluntarily adopt the Code of Conduct RIGHT NOW and put these fears to rest by preserving the integrity of our nation's highest legal institution.

Reform can happen. The same Code of Conduct that's good enough for every other federal judge is good enough for the nine justices of the Supreme Court. Take action today and make sure that Chief Justice Roberts understands that his Court faces a question of integrity... and that his answer can protect the Court from harmful poltical influence.

Tell Your Senators: Goodwin Liu Deserves a Vote!

** UPDATE: THIS ALERT IS NO LONGER ACTIVE ** 

An acclaimed scholar, teacher, and lawyer, Goodwin Liu is widely considered one of the brightest legal minds of his generation. Yet his nomination to the Ninth Circuit Court of Appeals has been stalled for over a year by obstruction in the U.S. Senate.

Act now to support Goodwin Liu's nomination to the Ninth Circuit. Tell your senators to confirm Goodwin Liu TODAY!

Supported by leaders from across the political spectrum, Goodwin Liu possesses the intellect, integrity, experience, and temperament to serve as an excellent circuit court judge. Not even his harshest critics can claim that Liu isn't superbly qualified, but some Republicans may still try to prevent him from even receiving a vote in the Senate.

Goodwin Liu has waited too long for a vote. We need you to join us in a national effort to support Liu's confirmation TODAY.

Liu's nomination also has historic significance: if confirmed, he would become only the second active Asian American appellate judge in the country, and the only active Asian American judge on the West Coast's Ninth Circuit. The Senate will decide Thursday if Liu will even receive a yes-or-no vote; the time to act is now!
    
Tell your senators to move forward with Goodwin Liu's nomination, and to vote to confirm him to the Ninth Circuit.

Tell Congress: Act Now on Judicial Ethics

** UPDATE: THIS ALERT IS NO LONGER ACTIVE ** 

 We expect our courts to be impartial and independent – it’s essential to the public’s faith in the judicial system. That’s why federal judges must adhere to a Code of Conduct that requires judges to “act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary” and explicitly bans political activity.

Shockingly, these rules do not apply to the Supreme Court.

Likewise, when it comes to deciding whether or not to sit on a case in which his or her impartiality has been called into question, a Supreme Court justice accused of bias has the final say – there’s no consultation, no explanation, and no appeal.

Protecting against even the appearance of bias is particularly important for the Supreme Court, as its justices are subject to the most public scrutiny and their decisions have the widest impacts. Recent activities by Supreme Court justices have called their impartiality and independence into question, undermining public confidence in our highest court.

Tell Congress to hold hearings on judicial ethics. It’s high time that justices of the Supreme Court had to follow the same ethical rules as every other federal judge.

More than 100 ethics and professional responsibility law professors have signed a letter to the House and Senate Judiciary Committees, calling for Congressional hearings to examine this issue and for legislation that would close the gap between the ethical standards applied to lower court judges and Supreme Court justices. Click here to learn more about Supreme Court ethics reform.

Supreme Court justices should not be above ethical rules. Join us and tell your representatives in Congress that the same rules that apply to all other federal judges should apply to Supreme Court justices!