Because of Minority’s Obstruction, Senate Accomplishes 2/17 of What It Could Have; Punts 19 Judicial Nominations To Lame Duck

Last week, Senate Minority Leader Mitch McConnell refused to allow the Senate to vote on 17 district court nominees. Despite the historically high level of vacancies, the significant number of nominees (12) who would fill judicial emergencies, and the fact that most of these 17 nominees were voted out of committee without objection, obstruction won the day. And, indeed, the whole session: the Senate adjourned early in the morning of September 22nd, having voted on 2 district court nominees, for a total of 3 votes on district court judges in its entire September work period. Not what you’d call impressive by any means.

So now that the Senate has voted on a fraction of the nominees that it easily – and consistent with its own prior practices in an election year – could have, 15 district court nominees, along with 4 court of appeals nominees, continue to wait for a floor vote. Since the Senate will not come back in session until November 13, millions of Americans across the country will continue to wait for justice for almost two more months at a minimum, while vacancies continue to open up and caseloads continue to grow. And since so much other Senate business – like the farm bill, the defense funding bill, extensions of expiring tax cuts, need I go on? – has also been pushed to the post-election lame-duck session, there are lots of competing priorities for the lame duck. But having floor votes on nominees should be at the top of the list precisely because it is one of the easiest to accomplish. These nominees could be voted on all at once – by a voice vote, taking almost no time at all. For the sake of justice, it’s imperative to make sure that addressing the vacancy crisis is one of the Senate’s must-do items before the end of the year.