Facing Unprecedented Obstruction, Obama Renominates Five Federal Judges

On September 13, President Obama resubmitted five nominees to sit on federal courts to the Senate, all of whom had been previously nominated and approved by the Senate Judiciary Committee months ago. 

The five nominees – Louis B. Butler, Jr. for the District of Western Wisconsin, Robert Neil Chatigny for the Second Circuit Court of Appeals, Edward Milton Chen for the District of Northern California, Goodwin Liu for the Ninth Circuit Court of Appeals, and John J. McConnell, Jr. for the District of Rhode Island – are well-respected nominees and are supported by the civil and human rights community.

Civil rights groups say that these nominees are just the most recent example of obstruction that is so unprecedented it has slowed the entire judicial nominations process to a “glacial pace”. 

According to a new report by the Alliance for Justice, at this point in his presidency, President Obama has seen a smaller percentage of his nominees confirmed than any president in American history. Only 47 percent of Obama’s nominees have been confirmed, compared with 59 percent of President George W. Bush’s nominees, 67 percent of President Bill Clinton’s nominees, and 83 percent for President George H.W. Bush’s nominees. 

Obama’s nominees are the most diverse in American history – 44 percent are women and 44 percent are African-American, Hispanic, or Asian-American – and are all well-qualified, distinguished individuals.  But Obama’s opponents have been using secret holds and filibusters to delay or deny confirmation votes for these highly qualified nominees, many of whom were voted out of committee unanimously, are supported by Republican senators, or are uncontroversial.

As a result of slow confirmation of federal judges, there are now 42 vacancies that are considered by the Administrative Office of the U.S. Courts to be “judicial emergencies”, meaning there are not enough judges on the court to handle the caseload.  These emergencies affect 22 states, including Arizona, California, Connecticut, Florida, and North Carolina.