Posted on May\u00a029,\u00a02013<\/h4>\n\n<\/p>\nBy Robert Reich<\/p>\n
This post originally ran on Robert Reich\u2019s Web page<\/a>.<\/i><\/p>\nDon\u2019t be sidetracked [Wednesday] with the news of Michele Bachmann\u2019s decision not to run again. That\u2019s small potatoes relative to the biggest political and economic issue \u2013 and showdown \u2013 emerging in Congress.<\/p>\n
Some background: The Court of Appeals for the D.C. Circuit isn\u2019t just the main feeder into the Supreme Court (four of the current nine justices served there before ascending to the Supremes) but, even more critically, is the court that reviews most major federal regulations \u2013 those emerging under Obamacare, Dodd-Frank, the Environmental Protection Agency, and hundreds of other laws and agencies.<\/p>\n
Four of its current judges were appointed by Republican presidents; three by Democrats. It has three vacancies. Senate Republicans want to keep the current ratio of four to three, and have no interest in giving Obama a majority on this important court. They\u2019ve held up almost all of Obama\u2019s court appointments, sometimes for years, effectively preventing him from putting his picks in the federal court system as elsewhere.<\/p>\n
Now the President is nominating judges to fill all three of these crucial D.C. court of appeals vacancies at once. He\u2019s also looking ahead at the strong probability that at least one Supreme Court justice, most likely Ruth Bader Ginsburg, will retire within the next two years, and he\u2019ll need to get a replacement through the Senate.<\/p>\n
Senate Republicans under the cynical direction of Mitch McConnell have abused the filibuster system, preventing votes on almost everything the President has wanted.<\/p>\n
Harry Reid punted on changing the filibuster rules, but he could \u2013 and in my view now should \u2013 propose changing them for judicial appointments, which he can accomplish with the votes of 51 senators.<\/p>\n
A president\u2019s court picks shouldn\u2019t require 60 Senate votes. The Constitution is quite specific about when \u201csuper-majorities\u201d are needed, and makes no mention of super-majorities for court appointments.<\/p>\n
Reid is not known for his strong backbone, but here\u2019s an instance where he owes his backbone to posterity. You might even write to him and tell him so.<\/p>\n
Robert B. Reich, chancellor\u2019s professor of public policy at UC Berkeley, was secretary of labor in the Clinton administration. Time magazine named him one of the 10 most effective Cabinet secretaries of the last century. He has written 13 books, including the best-sellers \u201cAftershock\u201d and \u201cThe Work of Nations.\u201d His latest, \u201cBeyond Outrage,\u201d<\/a> is now out in paperback. He is also a founding editor of The American Prospect magazine and chairman of Common Cause.<\/i><\/p>\n ![\"\"](\"http:\/\/www.truthdig.com\/images\/eartothegrounduploads\/reid-on-floor-april-20-2010-300.jpg\")
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reid.senate.gov<\/p>\n
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By Robert Reich<\/p>\n
This post originally ran on Robert Reich\u2019s Web page<\/a>.<\/i><\/p>\n Don\u2019t be sidetracked [Wednesday] with the news of Michele Bachmann\u2019s decision not to run again. That\u2019s small potatoes relative to the biggest political and economic issue \u2013 and showdown \u2013 emerging in Congress.<\/p>\n Some background: The Court of Appeals for the D.C. Circuit isn\u2019t just the main feeder into the Supreme Court (four of the current nine justices served there before ascending to the Supremes) but, even more critically, is the court that reviews most major federal regulations \u2013 those emerging under Obamacare, Dodd-Frank, the Environmental Protection Agency, and hundreds of other laws and agencies.<\/p>\n Four of its current judges were appointed by Republican presidents; three by Democrats. It has three vacancies. Senate Republicans want to keep the current ratio of four to three, and have no interest in giving Obama a majority on this important court. They\u2019ve held up almost all of Obama\u2019s court appointments, sometimes for years, effectively preventing him from putting his picks in the federal court system as elsewhere.<\/p>\n Now the President is nominating judges to fill all three of these crucial D.C. court of appeals vacancies at once. He\u2019s also looking ahead at the strong probability that at least one Supreme Court justice, most likely Ruth Bader Ginsburg, will retire within the next two years, and he\u2019ll need to get a replacement through the Senate.<\/p>\n Senate Republicans under the cynical direction of Mitch McConnell have abused the filibuster system, preventing votes on almost everything the President has wanted.<\/p>\n Harry Reid punted on changing the filibuster rules, but he could \u2013 and in my view now should \u2013 propose changing them for judicial appointments, which he can accomplish with the votes of 51 senators.<\/p>\n A president\u2019s court picks shouldn\u2019t require 60 Senate votes. The Constitution is quite specific about when \u201csuper-majorities\u201d are needed, and makes no mention of super-majorities for court appointments.<\/p>\n Reid is not known for his strong backbone, but here\u2019s an instance where he owes his backbone to posterity. You might even write to him and tell him so.<\/p>\n Robert B. Reich, chancellor\u2019s professor of public policy at UC Berkeley, was secretary of labor in the Clinton administration. Time magazine named him one of the 10 most effective Cabinet secretaries of the last century. He has written 13 books, including the best-sellers \u201cAftershock\u201d and \u201cThe Work of Nations.\u201d His latest, \u201cBeyond Outrage,\u201d<\/a> is now out in paperback. He is also a founding editor of The American Prospect magazine and chairman of Common Cause.<\/i><\/p>\n reid.senate.gov<\/p>\n <\/span>\n<\/div>\n<\/p>\n