Loretta BiggsLoretta Copeland Biggs, President Obama’s nominee for U.S. District Judge in North Carolina’s Middle District, has not yet been approved by the Senate Judiciary Committee. Biggs appeared before the Committee on November 13 for her scheduled hearing and is now waiting on approval by the Committee. If she is approved by the Committee, Biggs’s nomination will then be forwarded to the Senate floor where it will be considered and voted on by the full Senate.  This entire process must occur within the next few weeks in order for Biggs to be confirmed before the Senate’s lame-duck session ends. Nominees who aren’t confirmed this month will have to do it all over again next year, starting with being renominated.

Currently, it seems to be taking approximately a month between when hearings are held and when the Committee approves a candidate. Unfortunately, there is no exact timeline for how long this may take because there are many permitted ways to stall and obstruct the process. At the Committee’s last hearing, for instance, Charles Grassley, Republican Senator from Iowa, unnecessarily decided to delay approval of nine judicial nominees for a week. This in turn delayed scheduling a vote on the Senate floor and will delay the eventual vote itself (which generally seems to occur two to three months later).

These delay tactics do seem to be a ploy to avoid confirming President Obama’s nominees. Read More

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 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.


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


Richard Burr 2This week’s LOL, through-the-looking-glass moment in conservative politics revolves around the antiquated Senate “blue slip” process whereby home state Senators like North Carolina’s own Richard Burr can unilaterally and without explanation block federal court nominees — even ones they’ve endorsed previously to the President.

As Think Progress contributor Ian Millhiser reports, proposals in the U.S. Senate to temper the rule (as was done previously by Republican Senator Orrin Hatch when he once chaired the Senate Judiciary Committee) are meeting strong resistance from…Senator Orrin Hatch:

“Rolling back the Senate’s so-called ‘blue slip process’ would be ‘disastrous,’ according to an op-ed written by Sen. Orrin Hatch (R-UT) on Friday. Which is somewhat of a surprising position for Hatch to take, since he largely abandoned this blue slip process in 2003. Read More


Richard Burr 2Today marks Day #293 of Senator Richard Burr’s silent, one-man filibuster of President Obama’s nominee for the federal bench in North Carolina’s Eastern District, federal prosecutor Jennifer May-Parker. Now, today, there is a new and fascinating explanation from one of the nation’s leading judiciary watchers as to what’s really up with Burr’s blockade and those of his fellow conservative senators: secession.

As Andrew Cohen, contributing editor at The Atlantic explains in “How to secede from the union one judicial vacancy at a time,” it really boils down to a matter of extreme, cynical, hardball politics:

“Secession can come in many forms—just ask anyone in Texas who cares to discuss the issue with you. One particularly effective strain currently wending its way through America has been largely ignored by reporters, political analysts, and legal scholars, even though it’s a bipartisan problem within the federal government itself that undermines the rule of law and hinders the lives of millions of citizens.

Call it secession by attrition. Read More