Opinion writers and bloggers are parroting one another in churning out a message that is filled with unsubstantiated and unfounded charges of delays and obstruction. Not surprisingly much of this came from outside groups. However, in disappointing fashion, the White House joined in publishing a distorted record on judicial nominations.
The White House Blog entitled “Record Judicial Diversity, Record Judicial Delays,” characterized “the delays these nominees are encountering” as unprecedented. The White House has a short memory or a very limited definition, to characterize the nominations process as “unprecedented.”
Senate Republicans will continue to move forward on confirmations. However, the Republicans will not be a rubberstamp for the President, but will work in good faith if he sends quality, consensus nominees to the Senate for approval.
The record shows Congress is moving nominees through the Senate Judiciary Committee much faster than President Bush’s nominees. For instance, President Obama’s Circuit Court nominees have only waited on average, 66 days for a hearing. President Bush’s circuit court nominees were forced to wait more than 247 days. President Obama’s district court nominees have been afforded a hearing in just 79 days. President Bush’s district court nominees, on the other hand, had to wait close to 120 days.
Not only are President Obama’s judicial nominees receiving hearings quicker than those of President Bush, they are also being reported out of Committee more quickly. Circuit court nominees have been reported to the Senate floor in just 116 days, while President Bush’s circuit court nominees were held 369 days before they saw a vote in committee. The same is true for district court nominees. President Obama’s nominees have been reported in just 129 days, while President Bush’s district court nominees waited 148 days.
Despite the so-called obstruction, President Obama’s circuit nominees are being confirmed faster than those nominated by President Bush. Thus far, circuit court nominees have been confirmed, on average, in 258 days. President Bush’s circuit court nominees waited an average of 350 days.
The White House blog also stated that 21 months is the “[l]ongest wait for one of President Obama’s Judicial confirmations.” This is neither unprecedented nor uncommon. The President should know – his party held President Bush’s circuit court nominee Raymond Kethledge for 23 months before he was confirmed by the Senate on a voice vote. In addition, the record will show district court nominees who waited well over a year for confirmation, one for as long as 441 days. Despite the rhetoric of obstruction, the record demonstrates that the Senate has made great progress in confirming judicial nominees. And, with the President’s help in nominating quality, consensus nominees, that record of progress will continue.