Tuesday, May 28, 2013
President Obama plans to simultaneously nominate three judges to the D.C. Circuit, reports the NYT and HuffPo. The nominations would fill the three remaining vacancies on the 11-member court. The reports come the week after the Senate voted 97-0 to approve the President's nomination of Deputy SG Sri Srinivasan--nearly a year after his nomination.
The move is part of a strategy by Senate Democrats to highlight obstruction of judicial nominees by Senate Republicans. Democrats hope that by putting up three nominations at once, Republicans will be less likely to foot-drag (because foot-dragging on three nominations, and not just one, would highlight Republicans' obstruction).
Senate Republicans have reacted, calling the this an effort to "stack the court" (Senator McConnell's words). According to the NYT, Senate Republicans are considering a proposal to eliminate the three empty seats on the court and move two of them to other circuits.
The measure, S. 699, sponsored by Senator Grassley, would eliminate the three seats from the D.C. Circuit, add one seat to the Second Circuit, and add one seat to the Eleventh Circuit. If it could ever get out of the Senate, it would surely meet a veto.
The NYT reports that some Democrats think that Republican overreaching on these nominations could bring enough public pressure to change Senate rules to prohibit filibusters on judicial nominations.