GOP Kills 2 API Federal Judicial Nominations

Edward M. Chen, federal district court nominee

Wow. The GOP must really care about what people of color think about their actions. What they really do care about is the (federal) judiciary. So, it is notable that they have done their best to kill the nominations of two Asian-American men to be federal judges in the 9th Circuit.

Goodwin Liu and Edward Chen were nominated to the federal judiciary by President Obama but blocked by Republicans despite having received 12-7 endorsements from the Senate Judiciary committee.

Under a rarely invoked rule, the Senate must agree to carry over pending nominations when it goes on a 30-day recess. But Republican leaders objected to carrying over several disputed nominees, including Liu and Chen.

"The Republicans are obstructing and, in effect, trying to kill these nominations," Sen. Dianne Feinstein (D-Calif.) said Friday. "It is tragic because these are very worthy nominees who deserve to have their nominations debated and put to a vote."

The San Francisco Chronicle explains why the Republicans are blocking the confirmation of Liu and Chen to the bench.

Liu, a former Rhodes scholar and Supreme Court clerk, has been labeled an extreme liberal by Republican opponents, who cite his support of same-sex marriage and affirmative action.

Chen's opponents point to his background as an American Civil Liberties Union lawyer in San Francisco from 1985 until 2001, when federal judges appointed him as a magistrate.

Under procedures requiring unanimous consent, Republicans have regularly objected to holding Senate votes on Obama's judicial candidates.

They agreed to allow a handful of confirmation votes Thursday, the last day before the recess. But they blocked votes on more than 40 other candidates, and returned five who have encountered opposition, including Liu and Chen, to the White House.

If renominated, Liu and Chen will return to the Judiciary Committee for new votes after Congress returns Sept. 13. To force the Senate to consider their confirmation over Republican objections, Senate Democrats would have to muster 60 votes, which would require support from at least one Republican.

As I noted last month, whether Goodwin Liu joins the 9th Circuit Court of Appeals is a key test to see whether President Obama will actually go to bat for things that progressives believe in.

The 9th Circuit, of course is the appellate court which will be hearing the appeal of Perry v. Schwarzenegger, the Proposition 8 case.