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(Source: whitehouse.gov)

(Source: whitehouse.gov)

According to a Judiciary Committee spokesperson, both North Carolina senators have submitted “blue slips” for Loretta Copeland Biggs, nominated in September by President Obama to serve as a U.S. District Judge in the state’s Middle District.

That signal of support by home state senators allows the nominee to proceed to a Judiciary Committee hearing and move a step closer to confirmation, which follows from a full floor vote.

If confirmed by the Senate, Biggs will take the seat opened up by Judge James Beaty, who nows serves on senior status.

“We have two highly qualified, outstanding African-American women who have been nominated to be federal judges, and I think it’s time we confirm them and get them on the bench,”  Sen. Kay Hagan said shortly after the Biggs nomination — referring also to Jennifer Prescod May-Parker, a pending nominee for the country’s oldest federal District Court vacancy out in eastern North Carolina.

(Source: whitehouse.gov)

(Source: whitehouse.gov)

Sen. Richard Burr inexplicably continues to withhold a “blue slip” for May-Parker, though — despite his strong statements on the Senate floor disapproving of obstructionism in the judicial nomination process.

Click here for more on the tortured history of North Carolina’s federal judicial vacancies and the lack of diversity of those who have served. 

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

The latest news story from NC Policy Watch Courts and Law Reporter Sharon McCloskey — “All white and overwhelmingly male: Latest departure leaves NC federal courts among lest diverse in the nation” — contains a lot of information that will leave caring and thinking people frustrated and even ticked off, but this passage stands out:

James Beaty, the lone African-American judge on the state’s federal district court, stepped down from his position on the state’s Middle District – which covers the areas from Durham to Winston-Salem – moving to senior status at the end of June.

The result?

North Carolina has one of the whitest and least diverse groups of federal district court judges in the country.

That’s a perception problem for the courts at the very least, particularly given that the ugliness of racial politics has resurfaced in North Carolina.

As Andrew Cohen points out in his article in The Atlantic last November, asking why there aren’t more black judges in the South:

“Indeed, at a time when minorities are being disenfranchised by Republican officials in Florida and Alabama and other Southern states, the continuing lack of black representation on our federal benches sends another strong message of a tolerance for unequal justice.”

And if that doesn’t get you fired up, check out this graphic: Read More

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.”