When it comes to judicial confirmation obstruction, blame flies over which party did what first, or more often, or with more negative consequences. Our fellow citizens still need to know, and have a reliable way to evaluate, what their government is doing. One way to approach this is to apply criteria or standards of the other party to the confirmation process. Democrats have frequently said how the process should work, at least with a Democrat in the White House. How does it measure up today?
On September 18, 2014, for example, thenโJudiciary Committee Chairman Patrick Leahy (D., Vt.) complained that judicial vacancies โremain high.โ Vacancies are 97 percent higher today.
On March 27, 2014, Leahy observed that โwe are once again spending unnecessary floor time overcoming a procedural obstacle so we can move to an up-or-down vote on a judicial nomination.โ That procedural obstacle was a time-consuming separate vote to end debate, a step that typically was accomplished easily by informal agreement between the party leaders.
At that point, 62 months into the Barack Obama administration, the Senate had taken 38 such votes. The Heritage Foundationโs Judicial Appointment Tracker shows that today, 29 months into the Donald Trump administration, the Senate has taken 87 votes to end debate on judicial nominations. Leahy voted against ending debate and to block a final up-or-down votes for almost all of them.
On January 9, 2014, Leahy charged that โRepublicans, for the first time ever, refused to allow any currently pending judicial nominees to be held over so that they would be ready for immediate action this year. . . . Senate Republicans are forcing us to duplicate work this year that already completed [last year].โ With Leahyโs support, Democrats did exactly that between 2017 and 2018, forcing Trump to renominate dozens of judicial picks and the Senate to start all over again.
On June 13, 2013, Leahy noted that โwe are not even keeping up with attrition.โ Today, despite a Senate controlled by the presidentโs party, judicial vacancies are still 11 percent higher than when Trump took office.
On March 13, 2012, Leahy charged that Obamaโs nominees to the U.S. District Court โhave already received more than five times as many โnoโ votes in three years as President Bushโs district nominees did in his eight years.โ At that point, 18 percent of Obamaโs confirmed district court nominees had received at least one negative vote. Today, 55 percent of Trumpโs confirmed district court nominees have received negative votes.
On March 4, 2013, Leahy criticized Republicans for โdepart[ing] dramatically from well-established Senate practices . . . in their efforts to delay and obstruct [President Obamaโs] judicial nominations.โ At this point, 84 percent of Obamaโs judges were confirmed without opposition, compared to 31 percent since Trump took office.
On February 27, 2012, Leahy claimed that Obamaโs nominees โare being treated differently than those of any President, Democratic or Republican, before him.โ Leahyโs evidence was that five of the six nominees to the U.S. District Court reported from the Judiciary Committee โby party-line voteโ since 1945 had been Obama nominees.
Letโs accept as true Leahyโs claim that only six nominees in 66 years were reported by the Judiciary Committee on a straight party-line vote. This Congress alone, in less than 18 months and with Leahyโs participation, the Judiciary Committee has done that more than two dozen times.
Thereโs more where these came from, but no matter which way you cut it, Senate Democrats have done an about-face from the way they demanded that Democratic judicial nominee be handled.







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