News Law and Policy

Senate Republicans Block Third Nominee to D.C. Circuit Court of Appeals

Jessica Mason Pieklo

On Monday, Senate Republicans successfully blocked Judge Robert Wilkins' nomination to the U.S. Court of Appeals for the District of Columbia, bringing to a head the fight between the Obama administration and conservatives over the future of the second most powerful court in the country.

On Monday, Senate Republicans successfully blocked President Obama’s third nominee to the U.S. Court of Appeals for the District of Columbia, bringing to a head the fight between the Obama administration and conservatives over the future of the second most powerful court in the country.

Judge Robert Wilkins, currently serving on Washington’s federal district court, failed to clear the 60-vote threshold required to advance for a floor vote. In 2010, the Senate unanimously confirmed Wilkins to his current post on the U.S. District Court for the District of Columbia. But this time Wilkins was not so lucky. The Senate voted 53-38 on the nomination, with only two Republican senators—Susan Collins of Maine and Lisa Murkowski of Alaska—voting for cloture on Wilkins’ nomination.

“Just three years ago, Senate Republicans found Robert Wilkins perfectly qualified to be a federal judge,” Marge Baker, executive vice president of People for the American Way, said in a statement. “Now, they’re filibustering his nomination to the D.C. Circuit simply because they don’t want President Obama to be able to fill that court’s vacancies.”

Baker compared the Republican strategy of blocking judicial nominees to earlier efforts to shut down the government over health-care reform. “This is the latest example of Republicans in Congress attempting to circumvent laws they don’t like simply by obstructing the workings of government. They shut down the government in an attempt to nullify the health care law,” Baker added. “They routinely filibuster nominees to executive agencies and departments that they don’t want to function. And now they’re going after judicial nominees simply because they don’t like the result of last year’s presidential election.”

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With Senate conservatives successfully blocking Wilkins’ nomination from advancing, he joins president Obama’s other two nominees, Georgetown Law professor Nina Pillard and private attorney Patricia Millett, as candidates to the bench whose nominations are still alive and able to be considered by the Senate, just unable to advance to an up-or-down vote thanks to Republican obstructionism. Earlier in the year, another nominee, Caitlin Halligan, withdrew her nomination after anti-choice activists joined forces with the National Rifle Association to block it.

Commentary Law and Policy

Republicans Make History in Obstructing Merrick Garland for Supreme Court

Jessica Mason Pieklo

Merrick Garland is now officially the longest Supreme Court nominee to go without confirmation hearings or a vote in U.S. history.

Merrick Garland, President Obama’s selection to replace Justice Antonin Scalia, now has the dubious distinction of being the longest U.S. Supreme Court nominee ever to go without a vote to confirm or reject his appointment, thanks to Senate Republicans’ refusal to do their jobs.

I can’t say it any differently. This has been an utter, total failure by grown men, and a few women, in the Senate to do the kind of thing they’re supposed to in exchange for getting paid by the rest of us. And after nearly a decade of unprecedented—and I mean unprecedentedobstruction of President Obama’s judicial nominees writ large, there’s no flowery language that can capture how our federal courts’ slow burn on the the Republicans’ watch has now caught full fire with the fight over Garland’s nomination.

Instead what we have are dry, hard facts. A century ago, Justice Louis Brandeis was forced to wait 125 days before his confirmation to become the first Jewish justice on the Court. Justice Scalia died on February 13 of this year. President Obama nominated Garland on March 16. Wednesday marked 126 days of zero Senate action on that nomination.

And since Congress is now on recess, that won’t be changing anytime soon.

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It’s not just that the Senate hasn’t held a vote. They have held no hearings. Several senators have refused to meet with Garland. They have taken. No. Action. Not a bit. And here’s the kicker: None of us should be surprised.

President Obama had no sooner walked off the Rose Garden lawn after announcing Garland’s nomination in March than Senate Republicans announced their plan to sit on it until after the presidential election. Eight months away. In November.

Senate Republicans’ objection isn’t to Garland himself. He’s a moderate who has generally received bipartisan praise and support throughout his career and should, on any other day, sail through the confirmation process. As compared with both of President Obama’s other appointments, Justices Sonia Sotomayor and Elena Kagan, Garland is practically a gift to Senate Republicans in all his moderate-aging-white-guy-ness. I mean, who would have thought that of all the nominees Republicans were going to double-down their obstruction efforts on, it would be Justice Dad?

Instead, their objection is to the fact that the democratic process should guarantee they lose control of the Supreme Court. Unless, of course, they can stop that process.

Conservatives have spent decades investing in the federal courts as a partisan tool. They did so by building an infrastructure of sympathetic conservative federal judges through appointments when in executive power, and by blocking liberal attempts to do the same when in the political minority. It’s an investment that has largely paid off. Federal circuit appeals courts like the Fifth, Sixth, Eighth, and Tenth issue reliably conservative opinions regularly, thanks to aggressive appointments by conservatives during the Reagan and Bush years.

Meanwhile, thanks to conservative obstruction under Democratic administrations—most egregiously under President Obama—71 district court seats currently sit vacant. Twenty-four of those seats are in jurisdictions considered by the courts themselves to be judicial emergencies: places where the caseload is so great or the seat has remained vacant for so long the court is at risk of no longer functioning.

It’s easy to see why conservatives would want to keep their grip on the federal judiciary given the kinds of issues before it: These are the courts that hear immigration and detention cases, challenges to abortion restrictions, employment discrimination cases, as well as challenges to voting rights restrictions. Just to name a few. But as long as there are no judges, the people being directly affected are left in limbo as their cases drag on and on and on.

Our federal courts of appeals are no better. Nine federal appellate seats sit vacant, five in jurisdictions deemed judicial emergencies.

These vacancies have nominees. Senate Republicans just refuse to confirm them.

And no, the other side doesn’t do this. Federal judgeships have always been political. But never have the Democrats used the judiciary as a blatantly partisan extension of their elected members.

The refusal to vote on Garland’s nomination is the most visible example of the conservatives’ drive to maintain control over the federal courts, but it’s hardly their most blatant display of sheer partisanship. I’m guessing that is yet to come when, should they lose the presidential election, Senate Republicans face the choice of quickly confirming Garland or continuing their stand-off indefinitely. And given what we’ve seen of the election cycle so far, do we really think Senate Republicans are going to suddenly grow up and do their jobs? I hate to say it, folks, but Merrick Garland isn’t getting confirmed anytime soon.

Roundups Politics

Trump Taps Extremists, Anti-Choice Advocates in Effort to Woo Evangelicals

Ally Boguhn

Representatives from radical anti-abortion group Operation Rescue praised Trump’s commitment to its shared values during the event. “I’m very impressed that Mr. Trump would sit with conservative leaders for multiple questions, and then give direct answers,” said the organization's president, Troy Newman, who was in attendance at a question-and-answer event on Tuesday.

Making a play to win over the evangelical community, presumptive Republican nominee Donald Trump met with more than 1,000 faith and anti-choice leaders on Tuesday for a question-and-answer event in New York City and launched an “evangelical advisory board” to weigh in on how he should approach key issues for the voting bloc.

The meeting was meant to be “a guided discussion between Trump and diverse conservative Christian leaders to better understand him as a person, his position on important issues and his vision for America’s future,” according to a press release from the event’s organizers. As Rewire previously reported, numerous anti-choice and anti-LGBTQ leaders—many of them extremists—were slated to attend.

Though the event was closed to the media, Trump reportedly promised to lift a ban on tax-exempt organizations from politicking and discussed his commitment to defending religious liberties. Trump’s pitch to conservatives also included a resolution that upon his election, “the first thing we will do is support Supreme Court justices who are talented men and women, and pro-life,” according to a press release from United in Purpose, which helped organize the event.

Marjorie Dannenfelser, president of the anti-choice Susan B. Anthony List, told the New York Times that the business mogul also reiterated promises to defund Planned Parenthood and to pass the Pain-Capable Unborn Child Protection Act, a 20-week abortion ban based on the medically unsupported claim that a fetus feels pain at that point in a pregnancy.

In a post to its website, representatives from radical anti-abortion group Operation Rescue praised Trump’s commitment to their shared values during the event. “I’m very impressed that Mr. Trump would sit with conservative leaders for multiple questions, and then give direct answers,” said the group’s president, Troy Newman, who was in attendance. “I don’t believe anything like this has ever happened.” The post went on to note that Trump had also said he would appoint anti-choice justices to federal courts, and repeal and replace the Affordable Care Act (ACA).

Just after the event, Trump’s campaign announced the formation of an evangelical advisory board. The group was “convened to provide advisory support to Mr. Trump on those issues important to Evangelicals and other people of faith in America,” according to a press release from the campaign. Though members of the board, which will lead Trump’s “much larger Faith and Cultural Advisory Committee to be announced later this month,” were not asked to endorse Trump, the campaign went on to note that “the formation of the board represents Donald J. Trump’s endorsement of those diverse issues important to Evangelicals and other Christians, and his desire to have access to the wise counsel of such leaders as needed.”

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Much like the group that met with Trump on Tuesday, the presumptive Republican nominee’s advisory board roster reads like a who’s-who of conservatives with radical opposition to abortion and LGBTQ equality. Here are some of the group’s most notable members:

Michele Bachmann

Though former Minnesota Rep. Michele Bachmann once claimed that “women don’t need anyone to tell them what to do on health care” while arguing against the ACA during a 2012 appearance on NBC’s Meet the Press, her views on the government’s role in restricting reproductive health and rights don’t square away with that position.

During a December 2011 “tele-town hall” event hosted by anti-choice organization Personhood USA, Bachmann reportedly falsely referred to emergency contraception as “abortion pills” and joined other Republican then-presidential candidates to advocate for making abortion illegal, even in cases of rape, incest, or life endangerment. During the event, Bachmann touted her support of the anti-choice group’s “personhood pledge,” which required presidential candidates to agree that:

I stand with President Ronald Reagan in supporting “the unalienable personhood of every American, from the moment of conception until natural death,” and with the Republican Party platform in affirming that I “support a human life amendment to the Constitution, and endorse legislation to make clear that the 14th Amendment protections apply to unborn children.

Such a policy, if enacted by lawmakers, could outlaw abortion and many forms of contraception. A source from Personhood USA told the Huffington Post that Bachmann “signed the pledge and returned it within twenty minutes, which was an extraordinarily short amount of time.”

Bachmann has also claimed that God told her to introduce a measure to block marriage equality in her home state, that being an LGBTQ person is “ part of Satan,” and that same-sex marriage is a “radical experiment that will have “profound consequences.”

Mark Burns

Televangelist Mark Burns has been an ardent supporter of Trump, even appearing on behalf of the presidential candidate at February’s Faith and Family Forum, hosted by the conservative Palmetto Family Council, to deliver an anti-abortion speech.

In March, Burns also claimed that he supported Donald Trump because Democrats like Hillary Clinton supported Black “genocide” (a frequently invoked conservative myth) during an appearance on the fringe-conspiracy program, the Alex Jones show. “That’s really one of my major platforms behind Donald Trump,” said Burns, according to the Daily Beast. “He loves babies. Donald Trump is a pro-baby candidate, and it saddens me how we as African Americans are rallying behind … a party that is okay with the genocide of Black people through abortion.”

Burns’ support of Trump extended to the candidate’s suggestion that if abortion was made illegal, those who have abortions should be punished—an issue on which Trump has repeatedly shifted stances. “If the state made it illegal and said the premature death of an unborn child constituted murder, anyone connected to that crime should be held liable,” Burns told the Wall Street Journal in April. “If you break the law there should be punishment.”

Kenneth and Gloria Copeland

Kenneth and Gloria Copeland founded Kenneth Copeland Ministries (KCM), which, according to its mission statement, exists to “teach Christians worldwide who they are in Christ Jesus and how to live a victorious life in their covenant rights and privileges.” Outlining their opposition to abortion in a post this month on the organization’s website, the couple wrote that abortion is wrong even in cases of rape, incest, or life endangerment. “As the author of life, God considers an unborn child to be an eternal being from the moment of its conception,” explained the post. “To deliberately destroy that life before birth would be as much premeditated murder as taking the life of any other innocent person.”

The article went on to say that though it may “seem more difficult in cases such as those involving rape or incest” not to choose abortion, “God has a plan for the unborn child,” falsely claiming that the threat of life endangerment has “been almost completely alleviated through modern medicine.”

The ministries’ website also features Pregnancy Options Centre, a crisis pregnancy center (CPC) in Vancouver, Canada, that receives “financial and spiritual support” from KCM and “its Partners.” The vast majority of CPCs  regularly lie to women in order to persuade them not to have an abortion.

Kenneth Copeland, in a June 2013 sermon, tied pedophilia to the Supreme Court’s decision in Roe v. Wade, going on to falsely claim that the ruling did not actually legalize abortion and that the decision was “the seed to murder our seed.” Copeland blamed legal abortion for the country’s economic woes, reasoning that there are “several million taxpayers that are not alive.”

Copeland, a televangelist, originally supported former Republican presidential candidate Sen. Ted Cruz (TX) in the 2016 Republican primary, claiming that the candidate had been “called and appointed” by God to be the next president. His ministry has previously faced scrutiny about its tax-exempt status under an investigation led by Sen. Chuck Grassley (R-IA) into six ministries “whose television preaching bankrolled leaders’ lavish lifestyles.” This investigation concluded in 2011, according to the New York Times.

James Dobson

James Dobson, founder and chairman emeritus of Focus on the Family (FoF), previously supported Cruz in the Republican primary, releasing an ad for the campaign in February praising Cruz for defending “the sanctity of human life and traditional marriage.” As Rewire previously reported, both Dobson and his organization hold numerous extreme views:

Dobson’s FoF has spent millions promoting its anti-choice and anti-LGBTQ extremism, even dropping an estimated $2.5 million in 2010 to fund an anti-choice Super Bowl ad featuring conservative football player Tim Tebow. Dobson also founded the … Family Research Council, now headed by Tony Perkins.

Dobson’s own personal rhetoric is just as extreme as the causes his organization pushes. As extensively documented by Right Wing Watch,

Dobson has:

Robert Jeffress

A Fox News contributor and senior pastor of First Baptist Church of Dallas, Jeffress once suggested that the 9/11 attacks took place because of legal abortion. “All you have to do is look in history to see what God does with a nation that sanctions the killing of its own children,” said Jeffress at Liberty University’s March 2015 convocation, according to Right Wing Watch. “God will not allow sin to go unpunished and he certainly won’t allow the sacrifice of children to go unpunished.”

Jeffress spoke about the importance of electing Trump during a campaign rally in February, citing Democrats’ positions on abortion rights and Trump’s belief “in protecting the unborn.” He went on to claim that if Sen. Bernie Sanders (I-VT) or Hillary Clinton were elected, “there is no doubt you’re going to have the most pro-abortion president in history.”

After Trump claimed women who have abortions should be punished should it become illegal, Jeffres rushed to defend the Republican candidate from bipartisan criticism, tweeting: “Conservatives’ outrage over @realDonaldTrump abortion comments hypocritical. Maybe they don’t really believe abortion is murder.”

As documented by Media Matters, Jeffress has frequently spoken out against those of other religions and denominations, claiming that Islam is “evil” and Catholicism is “what Satan does with counterfeit religion.” The pastor has also demonstrated extreme opposition to LGBTQ equality, even claiming that same-sex marriage is a sign of the apocalypse.

Richard Land

Richard Land, now president of the Southern Evangelical Seminary, was named one of Time Magazine‘s “25 Most Influential Evangelicals in America” in 2005 for his close ties with the Republican party. While George W. Bush was president, Land participated in the administration’s “weekly teleconference with other Christian conservatives, to plot strategy on such issues as gay marriage and abortion.” Bush also appointed Land to the U.S. Commission on International Religious Freedom in 2002.

According to a 2002 article from the Associated Press, during his early academic career in Texas, “Land earned a reputation as a leader among abortion opponents and in 1987 became an administrative assistant to then-Texas Gov. Bill Clements, who fought for laws to restrict a woman’s right to an abortion” in the state.

Land had previously expressed “dismay” that some evangelicals were supporting Trump, claiming in October that he “take[s] that [support] as a failure on our part to adequately disciple our people.”