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A new press release from the North Carolina NAACP:

NC NAACP Releases Letter Calling on Sen. Richard Burr to Stop Blocking a Vote on Ms. Jennifer May-Parker’s Candidacy to Fill an Open Seat on the U.S. District Court for Eastern North Carolina

RALEIGH – The North Carolina NAACP released a letter today urging Sen. Richard Burr (R-NC) to stop blocking the congressional confirmation vote of Ms. Jennifer May-Parker for the U.S. district court judgeship in Eastern North Carolina.

Reverend Dr. William J. Barber, II and the state conference also call upon the NC NAACP’s partner organizations and other people of conscience to contact Sen. Burr and let him know that they oppose his continued efforts to obstruct the appointment of a well-qualified African-American attorney to the court seat.

“The North Carolina NAACP, the people of North Carolina, say today that we will never stand by as justice is delayed,” Dr. Barber said on Jan. 25 when he announced the initiative. “Because justice delayed is justice denied.” Read More

Burr2It’s becoming increasingly clear that at some point, Senator Richard Burr is going to have to explain his one-man, silent filibuster of the nomination of federal prosecutor Jennifer May-Parker to serve on the federal District Court for North Carolina’s Eastern District.

As this morning’s edition of Raleigh’s News & Observer reports, the Congressional Black Caucus is now weighing in full force on the issue:

“U.S. Rep. G.K. Butterfield says the Congressional Black Caucus is discussing how to break the logjam over the nomination of Jennifer May-Parker to the fill the federal district court judicial vacancy in the Eastern District of North Carolina. Read More

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.

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

(Image courtesy of the Brennan Center)

(Image courtesy of the Brennan Center)

When last we left the conversation about the pending nomination of Jennifer May-Parker for the now 8-year long vacancy in North Carolina’s Eastern District, our own Sen. Richard Burr had yet to return the “blue slip” needed either to allow the nomination to proceed to a hearing before the Senate Judiciary Committee or to prevent that from happening.

May-Parker, you may recall, would be the first African-American to serve as a judge in the 44-county Eastern District, home to a significant minority population.

Unfortunately nothing’s changed. The senator still won’t commit.

It’s not that difficult a process, really.

As shown in the blue slip here, Burr just needs to check one or the other: approve, and allow the nominee to proceed to a hearing, or oppose, and clear the way for a new nominee.

But doing nothing means simply that May-Parker’s nomination will languish long enough to keep that seat open into the mid-term elections in November 2014.

By then, North Carolina will have two open federal court slots, with Middle District Judge James A. Beaty Jr. taking senior status in June.

And no judges of color in our federal courts.