Judicial Vacancies

On Thursday, the Senate Judiciary Committee will vote on the nomination of law professor Cornelia (Nina) Pillard to the U.S. Court of Appeals for the D.C. Circuit. There has been a lot of misinformation swirling around about this highly qualified nominee since Professor Pillard’s confirmation hearing at the end of July. But when you look at Nina Pillard’s actual record, it is immediately apparent that she is tremendously qualified to sit on this important court – and should be approved by the Senate Judiciary Committee. Here are just ten facts that make the case:

1. She helped open VMI to women. Professor Pillard wrote the briefs in United States v. Virginia, a case originally filed by the George H.W. Bush Administration. Professor Pillard’s arguments persuaded the Supreme Court to open the Virginia Military Institute to women, ending one of the last male-only admissions policies at a state college. Read an op-ed about Professor Pillard from a VMI alumna here.
2. She protected the Family & Medical Leave Act. Professor Pillard argued Nevada Department of Human Resources v. Hibbs before the Supreme Court, alongside Department of Justice officials from the George W. Bush administration. Their defense of the Family and Medical Leave Act successfully vindicated a state employee’s right to take unpaid leave to care for his ill wife. Chief Justice Rehnquist wrote the majority opinion.

Yesterday, the Senate confirmed two judges to seats on the Southern District of New York. Valerie Caproni was confirmed 73-24, while Vernon Broderick was confirmed by voice vote. Read more »

The United States Senate has essentially closed down until after Labor Day. Before it adjourned yesterday, Judge Raymond Chen was unanimously confirmed to the Federal Circuit, and votes were scheduled on two district court nominees in September. This leaves a total of 11 judicial nominations ready for a vote, including DC Circuit nominee Patricia A. Millett, who was approved by the Senate Judiciary Committee yesterday. A number of other female nominees, including Nina Pillard, also nominated to the D.C. Circuit, are expected to be ready for floor votes in September. Read more »

This morning, by a vote of 96-0, Jane Kelly was confirmed to the Eighth Circuit Court of Appeals. She becomes the second woman ever to sit on that court, joining Judge Diana Murphy, and the first from Iowa.

Now-Judge Kelly’s confirmation is not only worth celebrating because it adds much-needed diversity to this court, but also because it is exemplary of what the confirmation process should look like: Judge Kelly was nominated on January 31, had her judiciary committee hearing on February 27, was voted out of committee on March 22 – and one month and two days later, she was confirmed. Rather than the 116 days that, on average, President Obama’s nominees wait for a vote on the Senate floor, Judge Kelly was confirmed only 83 days after her nomination. Read more »

On Friday, the American Constitution Society marked International Women’s Day with a blog on one of our favorite subjects – diversity on the federal bench. In case you weren’t able to enjoy this great post on Friday, read on:

Making Progress, Albeit Slowly, on Diversifying the Federal Bench

In celebration of International Women’s Day, ACS highlights the progress made over the last four years to diversify our federal judiciary. Read more »

We don’t always get a second chance to make things right. But tomorrow, obstructionists in the U.S. Senate do. In December 2011, every Republican Senator, save one (Senator Lisa Murkowski) filibustered the nomination of Caitlin Halligan to the important Court of Appeals for the District of Columbia Circuit. Tomorrow, the Senate will get a second chance to allow this outstanding nominee to receive an up-or-down vote.

The delays in her confirmation have only caused more problems for this court, and the public at large, during the thirteen months since the first vote to move to consider Caitlin Halligan’s nomination failed. Instead of three open seats on the D.C. Circuit, as there were in 2011, there are now four – making the D.C. Circuit the appellate court with the highest number of vacancies in the country. Now seven judges must do the work meant for a full eleven-judge court. With each vacancy, each judge’s caseload of complex, nationally important cases has grown.  What else has changed? Well, since President Obama won a second term, the virtual total shutdown of the confirmation process has ended. So now is clearly the time to move the Halligan nomination forward, to a consideration of her excellent record – and a confirmation vote. Read more »

March is Women's History Month, which affords us the opportunity to reflect on how far we've come in this country, and how far we have yet to go. And in many respects, recent events in the Congress illustrate both themes. For example, the last day of February, the Congress reauthorized the Violence Against Women Act, with even stronger protections for Native American, immigrant, and LGBT women. Yet it was a long and hard-fought battle, despite this law's proven effectiveness is combating domestic violence and the overwhelming bipartisan support the law has enjoyed over time.

Another example? Diversity on our federal courts. President Obama’s Administration has nominated more women and people of color for judgeships than any previous Administration in history. President Obama already has appointed more minority women judges than President Bush or President Clinton. As a result, the percentage of active women judges on the federal bench has increased from slightly above 25% to over 30% since 2009. For the first time in history, moreover, three women serve on the Supreme Court at one time. And of course, Justice Sonia Sotomayor, President Obama's first nominee to the Supreme Court, became the first Hispanic to sit on the highest court in the land. Read more »