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Commentary
Senator Richard Burr

Senator Richard Burr

In case you missed it, it’s worth noting that Senator Richard Burr uttered some eminently reasonable words yesterday when pressed for a comment on the judge who struck down North Carolina’s  unconstitutional ban on same-sex marriage, U.S. District Court Judge Max Cogburn of the state Western District. Burr, of course, voted for Cogburn’s confirmation which was unanimously approved.

You can watch the WNCN.com video by clicking here, but here is a transcript:

“We try to put the most qualified individuals on the bench. I have no questions that Max Cogburn met that qualification threshold for me. And…uh…I think it’s once again proof that you can’t…uh..envision every decision that a judge is gonna’ make and that’s why putting folks that have the right experience on the bench is absolutely crucial.”

Dan Forest

Lt. Gov. Dan Forest

In other words, those spewing absurd and incendiary comments like North Carolina’s Lieutentant Governor (who called Cogburn’s simple and rational decision applying the precedents dictated by the courts above him “the judicial fiat of one unelected man”) would do well to clam up and take a civics lesson.

Now, if Burr would just apply his own words by: a) halting his ridiculous and completely unexplained, one-man blockade of President Obama’s appointment of federal prosecutor Jennifer May-Parker to serve as the first African-American judge in the history of North Carolina’s Eastern District and b) condemning Forest for his ridiculous and inflammatory pandering, we might just get somewhere.

Commentary

Richard Burr 2Those looking for some good news from the nation’ capital — any good news — got a small dose over the weekend in this story in the New York Times about the Obama administration’s progress in restoring a measure of balance to the federal judiciary. As the Times reported, after five years and an important rule change to limit the use of the filibuster in the Senate, the federal courts are, today, somewhat less completely under the thumb of the corporate and ideological right.

The shift, one of the most significant but unheralded accomplishments of the Obama era, is likely to have ramifications for how the courts decide the legality of some of the president’s most controversial actions on health care, immigration and clean air. Since today’s Congress has been a graveyard for legislative accomplishment, these judicial confirmations are likely to be among its most enduring acts.

One ongoing and absurd exception to this progress, however, is Senator Richard Burr’s shameful and unexplained blockade of federal District Court nominee Jennifer May-Parker, which is now going on 15 months old. Given the progress that the U.S. Senate has made in this realm by dispensing with filibuster on such matters, let’s hope Senate Judiciary Committee chairman Patrick Leahy of Vermont soon takes the next logical step by doing away with the obsolete and egregiously-abused “blue slip” rule that is enabling Burr’s petulant, one-man Jess Helms impersonation.

Read the entire Times article by clicking here.

Uncategorized

Women’s and civil rights groups will gather this morning outside the federal court house in Raleigh to protest Senator Richard Burr’s 10-month-plus, one-man filibuster of federal court nominee Jennifer May-Parker. This is from the state NAACP:

JMP_Press Conference“Women’s groups associated with the Forward Together Moral Movement will hold a news conference this morning at 9:00 a.m. in front of the U.S. Federal Court House at 310 New Bern Avenue in Raleigh. Groups, including NC Women in the NAACP, Planned Parenthood of Central NC, North Carolina Women United, NC NOW, NC AdvaNCe and others, will call on Senator Richard Burr to do the right thing and allow Ms. Jennifer May-Parker’s nomination to move forward.

The United States District Court seat for the Eastern District of North Carolina has been vacant since 2005, burdening the system and hindering the rights of citizens. The eight year vacancy has been called a “judicial emergency” by the Administrative Office of the U.S. Courts.

Ms. May-Parker, who has yet to receive a hearing before the Senate Judiciary Committee due to Senator Burr’s refusal, has the potential to become the first African American and the first African American woman to serve as judge in the District.”

Uncategorized

Blue slipThere’s yet another reminder today of why more and more caring and thinking people have begun to agitate and advocate for a better, fairer and more diverse federal judiciary. As Nicole Flatow of Think Progress reports, the fallout from the Supreme Court’s most recent disastrous campaign finance decision in the McCutcheon case is already hitting the fan:

“'[T]oday’s reality is that the voices of “we the people” are too often drowned out by the few who have great resources,’ wrote U.S. District Judge Paul A. Crotty Thursday. But after many paragraphs spent lamenting the corruption inherent in limitless permissible contributions to political action committees, Crotty, a George W. Bush nominee, struck down parts of the New York law that limited them, conceding that he is bound to U.S. Supreme Court precedent, ‘no matter how misguided . . . [the Court] may think it to be.’ Read More