Senate Confirms 5th Circuit Nominee, 4 District Judges

The Senate today confirmed Catharina Haynes, a Baker Botts partner in Dallas, to the U.S. Court of Appeals for the 5th Circuit. She is the first federal appeals court nominee to be approved by the full Senate this year and the seventh in the 110th Congress.

In addition, the Senate also confirmed the following nominees for judgeships: Brian Miller in the Eastern District of Arkansas, James Hall in the Southern District of Georgia, John Mendez in the Eastern District of California, and Stanley Anderson in the Western District of Tennessee.

Last year, the Senate confirmed six federal circuit nominees and the pace is expected to slow this year ahead of the November presidential election. GOP Senators have threatened to block legislation if the Democrat-controlled Senate does not speed up the pace of judicial nominations.

Conservative groups have complained that President George W. Bush's presidency stands to expire with fewer judges on the bench than the other two-term presidents, Presidents Reagan and Clinton. Legal Times had this story on judicial nominees last month.

At least one liberal advocacy group isn't pleased with Haynes' confirmation.

“Despite President Bush’s brazen rejection of compromise and consultation over judicial nominations, his nominees have fared far better under the Senate Democrats than President Clinton’s did under Republican control," said Kathryn Kolbert, president of People For the American Way. "It is incredibly galling that Senate Republicans are throwing another tantrum over nominees — the manufactured hysterics are being ramped up but aren’t fooling anyone."

Sen. Patrick Leahy (D-Vt.), who complained about GOP posturing at a Senate Judiciary Committee hearing last week, shot back at Republicans today:

"Despite the progress we continue to make and will make today, some of the rhetoric from the other side of the aisle suggests that judicial confirmations is the most pressing and unsatisfied need facing the country," he said in a prepared statement. "With an economic recession now facing Americans, the massive job losses this year and the home mortgage foreclosures and credit crisis, any partisan effort to create an issue over judicial confirmations is misplaced."

Comments

[Ray Vernier]

I’m not sure that Catharina Haynes has any qualifications to be a federal judge. She’s never written an opinion; I guess her law clerks will be real busy doing that for her on the Federal level for the 5th Circuit. She’s sure to over her head, a local trial judge elevated to the Federal bench? If she showed some stellar performance apropos of the upcoming duties, that would be at least something one could evaluate critically. But there is nothing from Haynes, not even the numerous campaign speeches she must have given while busily stumping as a partisan in Texas.

Her orders have been reversed by higher courts at least twelve times and have been partially reversed on at least six occasions according to the answers she gave to the Senate: United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees, October 2007.

More evidence of court packing could not be found since FDR tried the same technique in the 1930's; at least he was stopped in his efforts; no one seems to be able to stop the incessant whining by the Republican party, so like bad parents dealing with a treacherous two year old in the super market another bad decision is reinforced.

[Nena Bartlett]

Finally a bit of good news about Haynes' confirmation! There is no reason this issue should be so divisive, but clearly "manufacturing hysterics" is working. Curt Levey has a post on the Committee for Justice blog elaborating on this topic, including notable quotes from many of the Republican Senators who spoke out about the hold-up of hearings. You can read it here: http://www.committeeforjustice.org/blog/2008/04/seven-gop-senators-took-to-senate-floor.html