Senator Backs Away from 'No' Vote Policy on Obama Judicial Nominees

A Republican senator is ready to remove one of the roadblocks that dogged this year's federal judicial nomination process.

One of the most vocal opponents of judicial opponents this year, Senator Mike Lee (R-Utah), won't restart his categorical "No" vote policy on all judicial nominees that started in January, when President Barack Obama made four controversial recess appointments, Lee spokesman Brian Phillips said this week.

Lee's stand against the recess appointments, which he says were unprecedented and happened when the Senate was in session, even led to an awkward vote where Lee sided against a nomination he supported: Robert Shelby, a noncontroversial nominee for district judge in Lee’s home state of Utah.

"I had to think of something in order to keep it in the news, because it's important people continue to talk about it, " Lee said during a speech to the Federalist Society this month. "I said at the outset that until such time as my party responds or I get some assurance from the president that this won't happen again, I’m going to continue to vote no. "

But now Lee says the Republicans have adequately responded by invoking a loosely defined Senate tradition of backing off from filling circuit court seats in the waning months of a president's term, dubbed the "Thurmond Rule." That rule was invoked in July.

"That issue is closed," spokesman Brian Phillips said. However, should the president again make recess appointments, Lee could again institute his policy, Phillips said.

The legal battle over the appointments rages on, however.

Congressional Republicans have joined in a lawsuit challenging President Barack Obama's recess appointments to the National Labor Relations Board in January, a legal fight focused on the constitutional limits of presidential appointment power.

Obama angered Senate Republicans with his recess appointments to the National Labor Relations Board during a two-day break between "pro forma" sessions that even some Constitutional lawyers concluded didn't qualify as an actual recess.

Senate Minority Leader Mitch McConnell (R-Ky.) and 41 other Republican senators filed an amicus brief in the case of Noel Canning, a company challenging whether the appointments were unconstitutional.

Comments

[HSG]

Mr. Caldwell, "borking" was nothing like what's being done now. The fact that Lee was blocking one of his own nominees shows the extremes the GOP has gone to obstruct the process. They were determined to make Mr. Obama a one-term President and that absurd "policy" failed.

[jack molesworth]

Regardless of what practices Republicans or Democrats use to secure nominees, it seems clear to me that all of this smacks of a substandard relationship between the President and House/Senate leaders. The emphasis should be less about what is legally or constitutionally possible and much more about communication. The 2-day gap NLRB appointments are a clear demonstration of brinkmanship. The relationship between these offices must be repaired or we will find ourselves paralyzed with petty and limitless discussions on what is technically legal or constitutional, etc.

[Rick]

I'll never understand why republicans complain about Robert Bork, i truly don't...
He was nominated in July 1987...Then early Aug, the senate goes on their summer recess and comes back after Labor Day....Mr Bork had his full senate vote in Oct 1987...He had a timely & fair AND an up/down vote, he was never filibustered...For such an idealogue (he left a paper trail a mile wide and a mountain high to prove it) he was treated very fairly...

Goodwin Liu wishes he was treated half as well as Robert Bork was....If he was, Mr Liu would be on the 9th Circuit today...

[Michael Caldwell]

Unfortunately my auto correct typed "Morris" when I actually wrote "Morsi"

[Michael Caldwell]

Give me a break you namby-pambies. Lee's move is certainly no more "horrible" or "childish" than were the obstructionist democrat moves against Repulican judicial nominees. Have you people no memories or are you merely historic illiterates? Remember the "Borking"? Lee is merely standing up for constitutional principles. Morris has nothing on Obama when it comes to unconstitutional and illegal grasp soft power. You all are neo-fascists whining when you don't get your way!

[Rick]

Lee's childish behavior (with apologies to children) has been atpyical since 1//20/09...Never before has a president's judicial nominees been treated so horribly...Excessive waits for hearings, equally long a wait for final floor vote, many including District Court nominees, even denied a SJC hearing...And since Obama took office, rarely are there more than 2-3 confimations on a single day...Back in Sept 2008, (election year), Bush had 10 District Court nominees confirmed on a single day...

While i voted for President Obama, in some strange way, i almost wish he lost just so Democrats could PAY BACK a Romney administration for the mockery the GOP has made the judicial confirmation process..

Oh, and one more thing, President Obama will be first President in 50 yrs to not have a single confirmation to the DC Circuit...

[Avon]

The Republican positions on this have really harmed the integrity of the process.

Protesting last winter's recess appointments when "even some Constitutional lawyers concluded" that a short break in a blatant sham "session" was an invalid recess? "Even some Constitutional lawyers" might justify a minority position, but certainly can't fairly state the law.

And a "tradition" of deep-freezing nominations as elections approach, wishfully thinking that a lame duck president might not get re-elected, is far short of healthy governance. A chronic tantrum is no tradition - it's just a tantrum.

That Democrats may have used these lame tactics themselves, when sufficiently provoked, may justify hockey fights or sassy backtalk, but do nothing to excuse dysfunctional adults who are collecting salaries to uphold the Constitution.

[Avon]

I just love this description of Lee's role in the world! ...
" One of the most vocal opponents of judicial opponents this year, Senator Mike Lee (R-Utah), "