Archives

Uncategorized

Burr2Constitutional law professor Herman Schwartz has an excellent essay at Reuters.com about the battles over presidential appointments to the federal courts, the right’s decades-long and highly successful effort to capture this issue and the slowly-stirring effort by progressives to (finally, thank the lord!) respond.

As Schwartz notes, one positive development that may soon be on the agenda is the demise of that absurd and archaic U.S. Senate institution known as the “blue slip” — the system of “courtesy” whereby any single senator of either party may block a nominee from his or her own state without explanation.

As followers of N.C. Policy Watch are well aware, Senator Richard Burr has been one of the most egregious abusers of this silly rule for several months now with his outrageous and unexplained blockage of an African-American federal prosecutor named Jennifer May-Parker whom President Obama nominated to fill an eight-year-old vacancy on the Federal District Court for the Eastern District of North Carolina last June.  Thus far, because of Burr’s silent refusal to give his blessing, May-Parker has not even received a hearing — a fact rendered all the more outrageous by the fact (noted in this space last week) that Burr endorsed her for the job in 2009!

Let’s hope senators act soon to repeal this absurd rule — something Republicans did when they were in charge of the Senate Judiciary during the Bush administration.  And let’s hope that this time, it’s a once-and-for-all decision.

Uncategorized

Richard Burr 2As reported last September by N.C. Policy Watch Courts and Law Reporter Sharon McCloskey and noted again here and here, Senator Richard Burr has been blocking without explanation the nomination of federal prosecutor Jennifer May-Parker to fill a vacancy on the Federal District Court for the North Carolina’s Eastern District. May-Parker, who would be the first African-American and only the second woman to serve on Eastern District bench, was first nominated by President Obama last June but has yet to receive a hearing in the U.S. Senate Judiciary Committee because Burr has refused to sign off by returning his “blue slip” to the committee (as is required by Senate practice and tradition).

Happily, it does not appear that the White House will be backing down from the nomination as Read More

Uncategorized

As noted in the post below, North Carolina Senator Richard Burr is blocking, without explanation, the nomination of federal prosecutor Jennifer May-Parker to be the first African-American judge in the history of the U.S. District Court for the Eastern District of North Carolina. Sadly, as this infographic from the good folks at the Alliance for Justice in D.C. makes clear, the stonewalling of diverse court appointments by President Obama is a pernicious and widespread problem. Read More

Uncategorized

Raleigh’s News & Observer was kind enough to publish this morning an essay I wrote on Richard Burr’s ongoing and inexcusable silent filibuster of President Obama’s nominee to fill the vacancy on the Federal District Court for the Eastern District of North Carolina.

If you haven’t checked it out, I hope you will by clicking here.

One thing I didn’t have space to mention in the N&O piece, however, is that Burr’s absurd obstructionism is part of a broader and pernicious pattern; the GOP has been blocking and delaying Obama’s court nominees simply as a matter of course for years. Even nominees who end up getting confirmed unanimously often find themselves waiting for months (or even years) for a simple hearing and up or down vote that ought to take a matter of weeks.

To see the extent of the ongoing and growing national judicial vacancy crisis, check out the “Why Courts Matter” website maintained by the good folks at the Center for American Progress.

One warning: The information contained therein may provoke you to put your fist through your computer monitor.

Uncategorized

During a 2005 stalemate over judges nominated to the federal courts, Sen. Richard Burr stood on the Senate floor and told his colleagues that regardless of what they thought of any particular nominee, they had an obligation to give each an up-or-down vote.

I believe if one of my colleagues objects to a particular nominee, it is certainly appropriate and fair for my colleague to vote against that nominee on the floor of the Senate.  But denying judicial nominees of both parties, who seek to serve their country, an up-or-down vote, simply is not fair.  It was certainly not the intention of our Founding Fathers when they designed and created this very institution.

Yet by his own actions with respect to Jennifer May-Parker, nominated by the President on June 20 to serve in the Eastern District of North Carolina, Burr is ignoring his own advice.

The vacancy in the Eastern District, based in Raleigh with courthouses in Wilmington, New Bern, Greenville, Fayetteville and Elizabeth City,  is now going on eight years — the oldest federal district court vacancy in the country.

That’s not just a dubious distinction; it’s an embarrassment.  Read More