On the recordMarch 13, 2019
two weeks ago, the Senate broke a century of precedent and confirmed a judge, Eric Miller, to the Ninth Circuit over the objection of both home State Senators. Last week, the majority leader filed cloture on two circuit court nominees, Paul Matey for the Third Circuit and Neomi Rao to replace Brett Kavanaugh in the DC Circuit. Yesterday, Paul Matey became the second person in Senate history, after Eric Miller, to be confirmed without blue slips from both home State Senators. By eliminating the blue slip--a century-old policy that requires meaningful consultation between the President and home State Senators on judicial nominations--Senate Republicans have been able to speed through confirming partisan judges with strong ideological perspectives and agendas. Donald Trump appointed 30 circuit court judges in his first 2 years in office. That is 17 percent of the Federal appellate bench. By contrast, President Obama appointed only 16 circuit court judges in his first 2 years in office, and President George Bush appointed 17. Donald Trump and the majority leader, with the help of the chair of the Judiciary Committee, are breaking nearly every rule that stands in their way to stack, at breakneck speed, the Federal courts with deeply partisan and ideological judges. And why are they doing this? They are packing the courts to achieve, through the courts, what they haven't been able to accomplish through legislation or executive action--undermining Roe v.…
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