On the recordNovember 7, 2013
I thank my colleagues, the Senators from Minnesota and Hawaii, for joining me on the floor. This is a matter I feel very strongly about, and I do wish to offer a few words to basically just raise the question of whether there is a double standard for appointment of women to this particular court, the DC Circuit. Before I tackle that question, I will say one thing knowing that I am speaking to a law professor. I am concerned more broadly about what I consider sort of a pattern of nullification. If there is a law we don't like and we can't get it overturned, there seems to be efforts to defund it or even shut down government--or, in this case, what I would call the decapitation strategy: If you don't like the National Labor Relations Board, just don't appoint people to run the business or the Bureau of Alcohol, Tobacco, and Firearms or, in this case, the DC Circuit. The DC Circuit has an allotted number of judicial positions. This isn't something the President chooses. Congress sets it on the advice of the judicial conference. The judicial conference has not suggested the number should be shrunk. There are 11 judges and 3 are currently vacant. The strategy of blocking appointments is sort of a nullification of law, which I think is troubling. But let me get to the question of what I consider to be a double standard that is blocking some wonderful candidates from going onto this court. My legal practice for 17 years was in the civil rights area.…





