Obstructing the Judiciary

Justice too long delayed is justice denied.

- Martin Luther King, Jr., Letter from Birmingham Jail

The President of the United States is responsible for nominating judges to the Federal judiciary.  It is the Senate's responsibility to confirm or deny these nominations.  With just 7 months remaining before the 2014 midterm elections, there are 86 vacancies in the Federal courts - roughly 10% of the total Federal judgeships.  Nearly all vacancies have resulted from Republicans blocking Obama nominees in an attempt  to deny the Democratic President his choices and ensure continued Republican control of the judicial branch.  The obstructionism on presidential nominees to Federal judgeships is unprecedented in recent history.


Harry Reid was able to change the Senate rules to prevent filibustering of these nominees to the federal courts.  Should the Republicans gain control of the Senate in 2014, this will no longer matter.  You can rest assured that any Obama nominee sent to a Republican Senate will not be confirmed.  Just look at the decisions of the currently composed Supreme Court to see what the future holds.  Democracy-challenged supporters of the corporations and the wealthy, appointed by Republican Presidents, fill most of the seats on the Court and they've brought us such decisions as Citizens United and the gutting of the Voting Rights Act.  Who can ever forget the Republican majority Supreme Court stopping the vote recount in Florida and handing Bush the Presidency even though Gore had garnered more than a half-million more popular votes nationally?


The Court's favorable ruling on the constitutionality of the Affordable Care Act was still detrimental to the "non-ruling" class.  By making the expansion of Medicaid optional, they effectively eliminated this option for low-wage-earners in most Republican-controlled states.  There has been some movement but as of now, there are still 25 states not moving forward with the ACA's provision for Medicaid expansion.  In the end, those finally denied affordable medical insurance will be in the millions.




The Roberts' corporate court sided with the Chamber of Commerce in 13 of 16 cases during the 2009-2010 term.  Then, in the 2010-2011 term, "the Roberts Court cut down an exemplary Arizona statute that leveled the financial playing field, rejected a [gender discrimination] suit by 1.6 million women against...Wal-Mart, shielded the makers of drugs from lawsuits by patients who had been harmed, smothered lawsuits against mutual fund cheaters and liars, and disallowed a suit by a death row inmate even though the prosecution failed to turn over exculpating evidence." [Reno News & Review, "Top 10 Worst Supreme Court Decisions", March 2012]



Currently there are 49 nominees pending for the 86 vacant judgeships.  Mr. President, please wake up and bring forward nominations for the remaining 37 vacancies before the mid-terms. Senator Reid, please put these nominations on a fast track.

2014 Senate seat contests -lighter color indicates retiring Senator

Why is this important?  Democrats currently hold a 55-45 edge in the Senate (assuming the two independents continue to vote with the Dems).  If just 6 seats change hands, the Republicans will control the Senate.  I don't want to sound too pessimistic about the Democrats' chances of holding onto the Senate but there are 21 Democratic seats at stake in 2014 compared to just 15 Republican seats.  Four of the 21 Democratic seats are held by retiring Senators - South Dakota, Iowa, Michigan and West Virginia.  Of the 17 remaining Democratic incumbents, 5 are from states that went for Romney in 2012.  So that leaves just 12 seats with a returning Democrat running for office in a "blue state".  By my count, that means 9 Democratic Senate seats are up for grabs.


This year's elections promise to the most expensive mid-terms ever.  The money unleashed by Citizens United is flowing freely into the electoral process.  Fact-free negative ads are bouncing around the airwaves.  Voter suppression measures will be taking full effect in November and "government of the people, by the people and for the people" may become a thing of the past.  With the addition of corporate judges to the Federal courts should the Republicans gain the Senate, the oligarchy will be entrenched for a long, long time.


Image
The 2014 Senate election map is from Wikipedia.
The Medicaid expansion map is from the Kaiser Family Foundation website.

Links
"If you prick a corporation, does it not bleed?..." cartoon [New Yorker, March 14, 2011]

Options for low-income people in states denying Medicaid expansion [AllVoices.com, March 22]