Judicial Selection Update
Friday, July 31, 2009
- Organization: Alliance for Justice
It was a busy week in Congress. On Tuesday, the Senate Judiciary Committee voted on the nomination of Judge Sonia Sotomayor to the United States Supreme Court. She sailed through on a 12-6 vote split largely along partisan lines. Senator Lindsey Graham (R-SC) was the only Republican on the committee to vote in her favor. The National Rifle Association announced last week it would "score" her vote to the Supreme Court, meaning that it would use the vote to rate senators' overall performance in the upcoming 2010 election cycle. Following this announcement, many Republicans have indicated they will vote against her when her vote is before the full Senate next week—although the number three ranking Senate Republican, Lamar Alexander (R-TN), announced he will support her nomination. On Wednesday, Senate Majority Leader Harry Reid and Senate Judiciary Chairman Patrick Leahy held a press conference to discuss Judge Sotomayor's nomination. Alliance for Justice attended and was thanked for our hard work in helping to move her nomination through the Senate. Senator Reid announced yesterday that he plans to begin floor debate on her nomination next Tuesday as the Senate wraps up its work before the August recess.
Also, on Wednesday the Senate Judiciary Committee held a hearing on the nomination of Judge Beverly Martin, nominee to the Eleventh Circuit Court of Appeals, and Jeffrey Viken, nominee to the United States District Court for the District of South Dakota. Judge Martin is currently a U.S. District Court Judge for the Northern District of Georgia. She was nominated by President Clinton and has sat on the bench since 2000. Mr. Viken is a federal public defender.
On Tuesday, the Senate Judiciary's Subcommittee on Terrorism and Homeland Security held a hearing entitled "Prosecuting Terrorists: Civilian and Military Trials for Guantanamo Bay and Beyond." The hearing was chaired by Senator Cardin (D-MD). David Kris, Assistant Attorney General for the Department of Justice, and Jeh Johnson, General Counsel for the Department of Defense testified before the committee. David Laufman, a DC lawyer; Deborah Pearlstein, an international affairs scholar; and Michael Edney, a DC lawyer also appeared. Last week, the Senate passed legislation amending the process by which military commissions may be used to try those currently being held in Guantanamo. But, many questions remain unanswered. For example, it remains unclear how the Obama administration will implement its plan determining which individuals will be tried in federal court versus military commissions. David Kris testified that it would be a mistake for Congress to create bright line rules, as each situation should be analyzed on a case-by-case basis. But, human rights advocates continue to express distrust for the commission system which has, so far, largely failed to achieve tangible results and is devoid of even the most basic procedural protections for persons who, after seven years, remain detained.
9 Judicial nominees pending
3 Pending on Senate floor
6 Pending in committee
0 Confirmations overall
17 Court of Appeals Vacancies
68 District Court Vacancies
1 SC Vacancy pending
85 Total Federal Court Vacancies



