Legislating from the bench will become the norm.
Via The Hill
The federal judiciary has swung to the left as Senate Majority Leader Harry Reid (D-Nev.) has confirmed President Obama’s judicial nominees at a torrid pace in recent weeks.
Reid has put his foot on the gas to ensure that Obama will leave his imprint on the courts even if Democrats lose control of Senate in November, which some political handicappers say is probable.
If Sen. Mitch McConnell (R-Ky.) becomes majority leader next year, Democrats fear he would slow the pace of judicial branch confirmations dramatically.
The Senate confirmed 22 of Obama’s court picks, including five appellate court nominees, in the work period that began on April 28 and ended Thursday.
At the start of Obama’s first term, 10 of the nation’s 13 circuit courts had a majority of judges appointed by Republican presidents and only one, the 9th Circuit, which has jurisdiction over California, had a majority of Democratic appointees. The 2nd and 3rd circuits were evenly split.
Currently, nine circuit courts have a majority of Democratic-appointed judges while only four have a majority of Republican picks. The data was compiled by the Alliance for Justice, a group that tracks the third branch.
“There are now 67 vacancies. We haven’t been that low for five years. That tells us that the nuclear option’s detonation in November has allowed the Democrats to confirm many more nominees than they have been [doing],” said Carl Tobias, a professor at the University of Richmond’s law school, who tracks judicial nominees.
Reid used a rare procedural tactic known as the nuclear option in November to strip Republicans of the ability to filibuster circuit and district court nominees. Supreme Court nominees are still subject to a 60-vote threshold before moving to a final vote.
The nation had 94 circuit and district court vacancies at the start of November before Reid changed the rules to allow nominees to advance through the chamber with only simple-majority support.
Tobias said Democrats would be “foolish” not to consider how much tougher it will be to confirm nominees if they lose control of the Senate.
“It’s an important legacy the president has. Long after he’s left the White House, they’ll still be deciding cases,” he said.