Recommended both by Sen. Marco Rubio and Florida House Democrats, Coral Gables attorney Detra Shaw-Wilder has now been nominated to fill the last vacancy on the U.S. District Court for the Southern District of Florida.
Background
Detra Shaw-Wilder received a B.S. from the University of Florida in 1990 and a J.D. from the University of Miami School of Law in 1994. After graduation, Shaw-Wilder joined Kozyak Tropin & Throckmorton, where she became Managing Partner in 2015 and General Counsel since 2017.
History of the Seat
Shaw-Wilder has been nominated for a seat on the U.S. District Court for the Southern District of Florida to replace Judge Robert Scola, who took senior status on October 31, 2023. Shaw-Wilder was the only candidate that was simultaneously recommended for the federal bench in 2021 by Senator Marco Rubio and Florida House Democrats, but was not nominated in the 3 judge batch put forward in late 2023.
Legal Career
Shaw-Wilder has spent her entire legal career at the Coral Gables firm Kozyak Tropin & Throckmorton where she currently serves as General Counsel. While at the firm, Shaw-Wilder has represented limousine drivers in a suit for overtime under the Fair Labor Standards Act. See Vidinliev v. Carey Intern. Inc. 581 F. Supp. 2d 1281 (N.D. Ga. 2008). Shaw-Wilder also represented three law firms in obtaining a large judgment against two attorneys for impropriety in settling various lawsuits. See Kane v. Stewart Tilghman Fox & Bianchi, 197 So. 3d 137 (Fla. App. 4th Dist. 2016).
Shaw-Wilder has also handled a number of federal appeals, including persuading the Eleventh Circuit to reverse a default judgment against Costa Rican corporation Parrot Bay Village, for lack of jurisdiction over the defendant. See Oldfield v. Pueblo de Bahia Lora, S.A., 558 F.3d 1210 (11th Cir. 2009).
Political Activity
Shaw-Wilder has a number of political donations to her name, all to Florida Democrats, including former federal judicial nominee Mary Barzee Flores during her run for Congress.
Overall Assessment
The last three nominations put forward to the Southern District with the support of Florida senators have sailed to confirmation. As of now, there is little reason to believe that Shaw-Wilder’s experience will be any different.
White got his commission yesterday, so only Lee is awaiting a commission right now of those who can take the bench.
The second vote after the Manglona confirmation today is a vote to go back to legislative session. The Senate press gallery says that further votes are possible after that. The Manglona vote would be 11:30AM, the vote to legislative session would be around 12:30PM, not sure if another vote would be right after as they’re expected to receive the impeachment articles at 2PM. Could be a vote to go back to executive session to file cloture for something on Thursday?
LikeLiked by 1 person
I’d bet it’s a vote for the FISA reauthorization. I think that plus the impeachment nonsense will eat up much of the rest of the week.
LikeLiked by 1 person
Other things to watch out for this week:
-If Ritz appears at tomorrow’s confirmation hearing, I wonder how many Republicans will completely blow a fuse over Ritz not getting Blackburn or Hagerty’s blue slips. Also, I’m wondering if Wilder appears, since no statement was released in support from Rubio or Scott, no? I’d be surprised if she didn’t appear though, since every red/purple state district nominee not named Colom has had blue slips returned.
-There’s always a possibility of new nominees tomorrow, although the White House does have until next week for nominees if they want to have at least one hearing set in May.
-The votes at the SJC meeting will be interesting as well. Probably three or four nominees with a decent chance of being party-line votes?
LikeLiked by 1 person
I can’t believe the WH “F” up and failed to send nominees to have 2 hearings in May. See, no way the GOP makes an error like that. The only reason they wouldn’t have 2 hearings is that there were no vacancies to fill.
Unless, there are US Attorney nominees that need hearings ?, but still there are plenty of circuit and blue state district court vacancies. that over ride US attorney positions or other nominees that have hearings in the SJC
If no GOP senator shows up for Wed’s meeting, the meeting can still be completed correct? Didn’t the GOP have a hearing for Allison Rushing (4th Circuit who was controversial) during a recess with no Democratic senators present?
LikeLiked by 1 person
As Joe speculated, cloture was filed on the motion to proceed to FISA. The vote to proceed to legislative session before that was actually bumpy, there were several Republicans who voted for the motion but numerous Democrats opposed to FISA who voted against it, leading to a stalemate until some deal was worked out. Not sure what the voting schedule on this will be, since I think the deadline is the end of the week and I can’t picture this being fast-tracked, unless they want to stay in the Friday or Saturday before disappearing for a week.
Really hoping it doesn’t consume much of the week of the 24th, which is the final week before the Menendez trial. Ideally, work on the party-line nominees then and then entertain yourselves with the rest of the nominees while he’s out.
There’s also some discussion about allowing some debate before the trial tomorrow gets dismissed, I wouldn’t be opposed to that since nothing else would happen tomorrow and if it causes Lee and his buddies from backing down on bringing the Senate to a complete standstill.
LikeLiked by 1 person
They released tomorrow’s nominees. Ritz is getting hearing but no Shaw-Wilder surprisingly and still no Kanter. All nominees including Shaw-Wilder got WQ ratings from ABA. Wonder if the Mayorkas impeachment has something to do with it.
LikeLiked by 2 people
I was afraid either Rubio and/or Scott would pull some crap with the Shaw-Wilder nomination. As I said before, Biden should just nominate somebody in the mold of Benjamin Crump for the 11th if they keep it up.
Kanter is a done deal. I am not sure what’s up with her as she seems well qualified, but whatever it is the administration just needs to go ahead & pull her nomination already. It’s time for Padilla & Butler to get their act together & get nominees for all of the California vacancies. And they should have a backup for all four districts too.
LikeLiked by 2 people
@Ethan sent me this article. It looks like Magistrate Judge Matthew Watters was mentioned for the WDTX. There are still two vacancies so I wonder if he will still get consideration, assuming good faith from Cruz & Cornyn, which to be honest is a stretch.
(https://news.bloomberglaw.com/us-law-week/chief-judge-sought-to-move-new-appointee-out-of-texas-courthouse)
LikeLike
Definitely is a stretch. Cornyn & Cruz specifically negotiated to get Gonzalez to the Del Rio seat, suggesting they might be trying to hold open the Austin seat (which is where liberals file cases against the Texas government)… conservatives won’t be able to make Austin their breeding ground so long as Pitman stays in office.
The only way I see the Watters deal working out is if Gonzalez voluntarily moves to Austin. Nevertheless, I really hope for another Austin judge ASAP because Pitman needs help.
LikeLiked by 1 person
@Dequan
I did a little research on Judge Matthew Watters. He earned his Bachelor Degree in 1999 and JD in 2002. He’s an Iraq War veteran who was a military judge for the Army for a while. He’s also a former Immigration Judge and a former AUSA.
LikeLiked by 1 person
He seems like a good compromise pick. It would be really nice if they could agree on him for one of the other two vacancies in the WDTX but I’m sure duty station is essential so it’s unlikely.
LikeLike
The White House should give the FL senators until the May hearing date to turn in their blue slip, if not just nominate her to the 11th Circuit seat.
LikeLiked by 1 person
I wouldn’t nominate Shaw-Wilder to the 11th. She is left of center & in her mid 50’s. I would just threaten to nominate somebody young & progressive that both senators would object to if they don’t work in good faith to turn in blue slips for her & fill the three MDFL seats.
LikeLike
Another article discussing the push for Sotomayor to retire. Rally interesting to see the life expectancy of Hispanic woman in the article…
“an American (76), for an American woman (79), or for a Hispanic woman (81).”
(https://www.cnn.com/2024/04/16/opinions/justice-sonia-sotomayor-retire-reyes/index.html)
LikeLiked by 1 person
I noticed that the SJC is having hearings tomorrow. I think that Rebecca Pennell will get a lot of skeptical questions.
LikeLiked by 1 person
why?
LikeLike
She’s been accused of a pro-defendant bias.
LikeLike
If you read the last page of Mr. Ritz questionnaire, he said he met with Marsha Blackburn on March 12 a week before he was officially announced as the 6th Circuit nominee. I wonder what Marsha’s definition of “consulted” is because unlike Judge Mathis, she at least met with Mr. Ritz before he was announced as the nominee. https://www.judiciary.senate.gov/imo/media/doc/ritz_sjq.pdf
LikeLiked by 2 people
Let’s see if either TN senator introduces him today. If Senator Durbin has to introduce him, then Sen Blackburn will probably spend her 5 minute question session on complaining that the WH didn’t consult her and that her and Sen Haggerty were kept out of the process
LikeLiked by 1 person
And in Andre Mathis’s case, he met with both Blackburn & Haggerty’s staff months before he was announced. Blackburn’s definition of being consulted is you must pick who she tells you to pick.
LikeLike
I didn’t know that Vargas was a member of the American Constitution Society.
She also seems to have done a lot of LGBT work over the years
https://www.judiciary.senate.gov/imo/media/doc/vargas_sjq.pdf
LikeLiked by 1 person
I hate that I will miss it, but I can’t wait to see Blackburns reaction in todays hearing.
LikeLiked by 1 person
I know someone was recently curious about these seats, but we got nominees for both vacant DC Court of Appeals seats today.
https://www.whitehouse.gov/briefing-room/presidential-actions/2024/04/17/president-biden-announces-local-d-c-judicial-nominees-and-one-new-nominee-to-serve-as-u-s-marshal/
Nothing on the federal level, but as I said we do have until next week at least if we are to get one hearing window in May.
LikeLiked by 1 person
I do hope there is another batch next week….otherwise this would be extremely underwhelming. We would have essentially missed two hearing dates.
LikeLiked by 1 person
DC judicial nominees only today.
https://www.whitehouse.gov/briefing-room/presidential-actions/2024/04/17/president-biden-announces-local-d-c-judicial-nominees-and-one-new-nominee-to-serve-as-u-s-marshal/
LikeLiked by 1 person
Even though they are not lifetime appointments, these are two very important seats. Carmen G. Iguina González seems to be an A+. And I’m surprised to see the state of Alabama anywhere on a new batch announcement.
LikeLike
Yeah but there are still lifetime Circuit court seats that this WH is just ignoring and it’s frustrating, coupled with the fact that they won’t pull Mangi even though the votes aren’t there.. I want Mangi to be confirmed but if not. a replacement needs nominated soon..
Just very lackadaisical right now with the WH
LikeLiked by 1 person
Very true. And to miss a SJC hearing slot hurts.
LikeLike
Not even ten minutes into the SJC hearing & Graham is already blowing a gasket over Mayorkas. Somebody get this man decaf please.
LikeLike
Gillibrand said Sotomayor recommended Vargas to her.
Now Durbin is now introducing Kevin Ritz & pointed out he received blue slips from both home state senators for his current US Attorney position. Durbin then allowed Blackburn to speak. She is going full blown over the top. She said The White House had a back room deal to nominate Ritz. She said she tried to work in good faith & gave the WH highly qualified nominees to consider. Now she’s ripping into Ritz. Thank God he’s not Black or she might bring up his past speeding tickets & talk about his “rap sheet”.
LikeLike
Lucky for Graham that “Angry White Guy” isn’t a potent negative stereotype.
LikeLiked by 1 person
Well..we got nominations for today but not the ones many of us were hoping for.
Still better then nothing.
As for Shaw Wilder’s nomination, I think it could be in trouble (no shocker there) just due to election year politics and that also goes for the remaining Circuit Court nominees.
I don’t think we’re going to be see many more liberal/progressive nominees, not just in part because of who’s up this year but also because when you have folks in a certain camp saying they’re going to stay home because of one issue and there’s nothing you can do to change their minds, you’ll pivot towards the center, and that includes judicial nominations.
LikeLiked by 2 people
Also, look at the current list of district seats and the Senators charged with making recommendations. Who among them is known for progressive noms even in the best of times?
LikeLiked by 1 person
I’m sure Blackburn’s “highly qualified” nominees were all far right Federalist Society members, hence the reason they got thrown in the trash.
As I said, she gladly voted for far right nominees (including several in NY) over the objection of Democratic senators, she has no grounds to complain now.
LikeLiked by 1 person
I do wonder what’s going on with Shaw Wilder. I was always concerned with both senators didn’t come out in support in the first 24 hours or so like they did for the last batch. The optimist in me says the WH named her publicly and is using her as part of it’s bargaining process over the 11th circuit seat (e.g. “sign off on DSW and we’ll nominate a center left US Attorney or magistrate judge). The pessimist in me says it’s just a doomed nomination that was made as a political favor.
For those who watched the hearing, how did the other GOP senators question Ritz? Did Graham (or Kennedy!) signal any openness or should we assume this one will be a party line vote.
LikeLiked by 1 person
Blackburn describing Memphis as being a dangerous city is interesting. I’m not sure I’ve ever seen a sitting Senator sh*t on their own state like that.
LikeLiked by 1 person
@Keystone, not shocking at all.
It’s part of the same urban/rural divide here in NY where Republicans trash NYC/Albany and other places as Democratic run hellholes while rural NY is safe and has “real” Americans.
Memphis has a Democratic mayor, city council and a lot of “those” people that Blackburn and others hate so bashing it is a favorite past time of theirs.
LikeLiked by 1 person
Hawley’s questioning of Ritz is odd. Who knew Hawley was so pro public defenders.
LikeLiked by 1 person
And that’s after the last hearing where Hawley was a defender of the Puerto Rican people when questioning Sparkle. I guess he’s pivoting to the center for his reelection… Lol
LikeLike
That’d be kinda funny for him to do given that both he and Trump will win Missouri by at least 20 points each. This isn’t the Missouri of 20+ years ago when it was a beloved bellwether in presidential elections.
LikeLiked by 1 person
I recall that GOP Senators were concerned about Justice Breyer’s ties with polluters. No Dem senators shared these concerns. The GOP will throw out everything of value to them if it helps them politically.
LikeLiked by 1 person
oh lord, Kennedy leading off with, “Mr. Ritz (pregnant pause) you are a political activist, aren’t you”.
LikeLiked by 1 person
My God, did senator Kennedy really just ask a nominee for a circuit court judge if he believes in the Tooth Fairy or Easter Bunny??? What I wouldn’t give for him to drop that fake ass Southern accent for just one hearing.
LikeLike
Is Kennedy drunk? He’s sitting there going on about the tooth fairy and Elvis.
LikeLiked by 2 people
If he’s not drunk, I’ll buy the first round because he should be.
LikeLike
Oh, god. Cruz is gonna try to paint eagle scout and career AUSA/US attorney and Ritz as being “too woke”
LikeLiked by 1 person
The Republican SJC line up is a Murderers Row of senators I would pay to see defeated this year.
LikeLiked by 1 person
I thought it was weird that the GOP senators kept reading that Ritz like about ensuring that women have access to healthcare in a a election year in the Post-Dobbs era.. Especially Cruz.
LikeLiked by 1 person
What Ritz is going through is a reminder of why we need nominees for the rest of the Circuit court seats sooner versus later.
Republicans are going to do their best to try and keep all of them open until they can fill it.
Because even a centrist nominee is unacceptable for them.
LikeLiked by 1 person
Lots of juicy tidbits from the Ritz hearing, like the fact the WH was ready to go with him since last fall. Also interesting to hear that the WH allowed the TN senators to sit on the nomination for over 3 months, before Blackburn finally decided to interview him right before his nomination announcement, no doubt in an attempt to delay the process even more. I am glad to hear that the WH started to work on this vacancy early (August 2023) but that’s all wasted when they allow the senators to use delay tactics. We should expect that this is exactly what they are doing for the other vacancy, so we probably shouldn’t expect a nominee before the summer recess.
I am curious to know what two other names where on the list that the WH gave the TN senators. Those names can’t be used for the Stranch vacancy in Nashville.
With Manchin’s empowerment of senate Republicans, Ritz will definitely be a party line vote. No Kennedy to save the day this time. This is sad as he isn’t even a progressive, so this big fight for a centrist/center-left nominee.
LikeLiked by 1 person
@Gavi
I also was listening & hoping Blackburn dropped some names today. I would love to know the other two names the WH suggested as well as the three “highly qualified” recommendations Blackburn gave.
LikeLiked by 1 person
A progressive can’t be nominated as there simply aren’t the votes now in the full Senate body. As Zach noted, all that can be done are these middle of the road and conventional nominees, as much as you and I want more a-traditional picks.
LikeLiked by 1 person
I think a progressive can be confirmed just fine even in the senate composition today. I just think they need to be more stealth or not as outspoken as Dale Ho was. Vargas from today is a good example. Until her SJC Q came out, I did not realize she was a member of the ACS. Also she has donations to Planned Parenthood according to the questions asked today. She likley will have the same voting pattern as Dale Ho in the end.
LikeLiked by 1 person
The White House needs to try and find more nominees that look traditional on paper but turn out a lot more progressive/liberal after they’re confirmed. Salvador Mendoza and Dana Douglas are a few examples of these types
LikeLiked by 2 people
I think that’s precisely what the strategy will be the rest of the term. Ritz I think could be another good example. Lots of very high quality candidates to choose from, it just requires a bit more subtlety.
LikeLiked by 1 person
It’s a good thing when I have to up my initial grade for a nominee because I find out their background is more progressive than the WH bio in the announcement & internet search. Matthew Maddox was a great example of that. After reading his SJCQ, I was actually wishing he was the nominee for the 4th, but of course was happy with the subsequent Nicole Berner nomination.
LikeLike
Judge Rebecca Pennell handled Senator Kennedy beautifully in the hearing today
LikeLiked by 2 people
Her repeating “That was probably one of the 2% of the cases I was reversed on” was classic. Then after Kennedy just kept going, she finally said it sounds like you’re just reading the 2% of the over 400 cases I’ve ruled on that were reversed. Made Kennedy look so small.
LikeLike
Not agreed to, 49-51: Marshall motion to adjourn the Court of Impeachment until 7:00am until November 6th, 2024.
November 6th is the day after Election Day. Every senator who voted yes on this measure has proven that they don’t want the government to run.
LikeLiked by 2 people
Impeachment trial has been adjourned. When Schumer called up the vote he used the term “sine die”, which might be the first time I’ve heard that term pronounced as opposed to reading it on Wikipedia or something (I’ve gone back to final days of the Senate in years past to see how other Senators have said it, it’s been pronounced several different ways).
Anyhow, Schumer after the vote mentioned a busy schedule in “the days ahead”, so a sign they’ll be around into the weekend for FISA?
LikeLiked by 1 person
Apparently the house will be voting on the new package of foreign aid bills on Saturday. Not sure if that means Schumer will keep them late/call them back early to vote on them or if it’ll wait unit after next week’s break.
LikeLiked by 1 person
Well since today was spent on the impeachment garbage, they should stay in town until early next week. And certainly shouldn’t add time on the back end of the week after when they return either. There are 8 pending judges on the senate floor awaiting confirmation (Not including Mangi). No better time than tonight to start sending those cloture motions to the desk.
LikeLike
The buzz around the House supplemental is that if Republicans can’t pass any Rules around it (which they’ve had a ton of trouble passing basic Rules all Congress) they’ll sign off on the discharge petition for the Senate-passed supplemental as a last resort. That’d be the best-case scenario for the Senate since the House could pass that and it’d go straight to the President, and the Senate wouldn’t lose any floor time dealing with a House-passed supplemental.
If the Senate stays around beyond tomorrow (it’d be more for FISA than the supplemental), Schumer could actually send out cloture motions on any nominees voted out of the SJC tomorrow once they’re done.
LikeLiked by 1 person
I thought there was a time limit for when a cloture motion can be sent to the desk after the SJC votes them to the floor? I remember I believe @Gavi said that because he said the only work around is if it’s a tie vote in the SJC. Then a discharge motion can be filed the same day.
So if Republicans really wanted to delay the KBJ confirmation, one of them should have voted for her in the SJC because the then-tie vote during the 50/50 sente allowed her to get confirmed quicker. I think I remember there either being a minimum 24 or 48 hours wait period between a non-tie SJC vote & cloture motion sent.
LikeLike
I forgot the explanation behind it, but I’m pretty sure cloture motions can be sent out once they’re on the executive calendar. The calendar for Thursday would be printed out tonight, and the calendar for Friday would be printed tomorrow night, which would include any nominees voted out of any committees tomorrow. Schumer for example filed cloture on DuBose, Harjani, and Yoon the Friday after they were voted out of the SJC, since they were working that Friday on passing the minibus, so they were on the calendar at that point.
The discharging on tied votes only applied to the last Congress, when the Senate was 50/50 and each committee was tied, it was a special rule for that Congress. If the discharge then succeeded, the nominee would I think be placed on the following executive calendar. Normally a discharge would take 60 votes or UC, which has only happened a couple of times in this Congress (DeAndrea Benjamin to the 4th Circuit had a UC agreement to pull her out of committee and vote on her and not have to wait another day).
LikeLiked by 1 person
Seeing McConnell on the senate floor complain & moan about the senate breaking precedent almost made me fall back in my chair laughing at work. My God how can he say that with a straight face… And now here’s senator Lee with his fake outrage.
LikeLiked by 1 person
Because none of them have any integrity.
LikeLiked by 1 person
The letters of recommendation are up for today’s nominees
https://www.judiciary.senate.gov/committee-activity/hearings/04/17/2024/nominations
LikeLiked by 1 person
They were making such good process on confirmations but with the aid bills coming up, the recess then Menendez trial, it looks like they’re going to fall behind hard.
If the current nominees in the pipeline don’t get support from the usual Collins, Murkowski or Romney, I don’t know how often Harris will be able to come break Manchins ties.
LikeLiked by 1 person
Republicans really opened fire on Kevin Ritz with both barrels loaded. They accused him of prosecutorial misconduct, which is a serious charge. At one point, John Kennedy stated to Ritz, “You lied to Senator Hawley, didn’t you?” This won’t be a bipartisan vote.
In the process, Republicans didn’t go after Rebecca Pennell like I thought they would.
LikeLiked by 2 people
@Mitch
At this point, Republicans are going to do their best to ensure any and all current circuit court vacancies stay that way, especially when it’s going to a flip as this one will be.
VP Harris is going to be doing a LOT of tie breakers when all is said and done.
LikeLiked by 3 people
SJC votes:
-Maldonado and Sooknanan were party-line votes
-Alexaki, Lanham, and Martinez were 13-8 (Graham and Tillis on all three)
The non-judicial nominations:
-Boom (Sentencing Commission) was unanimous
-Gleeson (Sentencing Commission) was a party-line vote
-Gannon (NDIA attorney) was 16-5 (Cruz, Lee, Cotton, Hawley, Blackburn voting no)
-Waterman (SDIA attorney) was 20-1 (Lee voting No)
-Grimes (WDAR Marshal) was 18-3 (Cruz, Lee, Kennedy voting No)
LikeLiked by 2 people
I woke up & cut the executive meeting on right in time to hear Hawley continue to be a fighter for the Puerto Rican people. He was talking about Sooknanan being the counsel of record for the case. When Durbin corrected him & said she wasn’t the counsel of record, Hawley replied that doesn’t matter. Oh my, as a guy that has many many Hispanic friends, it’s good to know we have defenders of the Puerto Rican people like Josh Hawley out there (Sarcastic voice)… Lol
It’s a shame Maldonado was party line. At this point I’m afraid I have to agree with the other users that say any circuit court nominee without a home state Republican blue slip turned in will likely be a SJC party line vote the rest of this year. Especially after the fake outrage on Maldanado’s case load & the way left of center Kevin Ritz was treated yesterday.
LikeLiked by 1 person
Ha! If I had no context, thanks to Hawley I’d assume there was some big Trini-Boricua rivalry.
Maldonado’s the first circuit judge the committee’s advanced in three months. Between her, Aframe, and eleven district nominees pending on the floor, I’m hoping for a solid chunk of confirmations soon.
LikeLiked by 1 person
It is kinda funny that the two party line votes are Maldonado and Sooknanan.
They complain that one of them would be an front to the Puerto Rican people and yet the other is the daughter of Puerto Rican immigrants who would be the first Puerto Rican judge in that court.
LikeLiked by 1 person
I agree, that is a shame about Maldonado. I was holding out hope that Graham would advance her. If this was 2021 I believe he probably would have, but the general election race has probably calcified the parties into entrenched positions.
It’s too bad that Manchin seems to be ignoring this hardening of partisan lines, especially given his upcoming retirement.
LikeLiked by 1 person
Tillis was also the only other Republican to vote for any judicial nominees today outside of Graham. I know he’s supported his decent share of nominees, but in the case of the Arizona nominees, I believe he and Sinema have a decent working relationship so I wonder how much that played a role.
LikeLiked by 2 people
The fact that 3 of the judges got both Graham and Tillis is kind of encouraging. And good to see that Tillis (whose state needs a Circuit Judge nom) is still somewhat reasonable.
Some of the bedwetter on here were going on about how Martinez totally bombed and wouldn’t get any GOP votes.
LikeLiked by 2 people
Schumer speaking on the senate floor now. He just said he hopes the FISA bill is complete today but if not, senators should expect votes tomorrow (Friday).
He then passionately spoke about Ukraine & their need for aid. He pivoted to an upstate NY manufacturing company that will receive funding from the CHIPS Act.
LikeLike
As badly as we all want judges, I do agree that FISA and Foreign Aid funding should come first. Also, both are things that should be bipartisan so hopefully that gets the senate past it’s hyper partisanship of last week.
SJC has voted out many bipartisan nominees the last two weeks, so there should be a lot to work through in May. Hopefully Menendez’s trial does not last too long.
LikeLiked by 1 person
I oppose the FISA on privacy rights grounds. The FISA courts are also quite rigged… not because of the judges on the court but because 1) the government gets to argue in favor of surveillance and no one gets to argue against it and 2) if the FISA court grants surveillance the case is over but denials of surveillance can be appealed
LikeLiked by 2 people
With today’s executive meeting, I’m going to stick with my prediction that Maldonado will get confirmed before Aframe. If the senate is in session tomorrow, I wouldn’t be surprised at all if Schumer tees her up for a vote after the recess. But either way I think she will be fast tracked. Hopefully we get her replacement nominated this month as well.
LikeLike
What’s your logic on that? Is it that you think Maldonado could get Collins or Murkowski?
LikeLiked by 1 person
Maldonado being able to get Collin’s or Murkowski’s support is the third most logic for my prediction. The second reason is because I think the accusations Blackburn & others are making against Aframe will hit harder with vulnerable Democrats than the case back log accusations (Despite me thinking both are crap).
But the main reason is because Maldonado is from Durbin’s home state & we have seen Illinois nominees fast tracked in numerous instances. Without doing the research, I would bet the Illinois nominees have gotten confirmed quicker than any state other than Delaware (Biden’s home state) for any state that has had at least 3 judges confirmed.
LikeLiked by 1 person
I do think Maldonado will get confirmed quickly because of the Durbin connection. But I’d be shocked if it’s in April. Hopefully she and Aframe can get confirmed before Memorial Day, though.
LikeLiked by 2 people
If we do have to wait until after the Menendez trial to confirm any appeals court nominees, the week of Juneteenth would be a pretty good week. Ritz should be out of committee by then so there should be at least three nominees to work with. One of the nominees could be confirmed the Monday of that week (if a cloture vote happens the previous Thursday). The Senate has Juneteenth, which is on a Wednesday off, so the best use of floor time scheduling would be to vote on cloture on a nominee as the last Tuesday vote, and then the day off on Wednesday can count towards the postcloture time, allowing for a confirmation vote Thursday morning. They could vote for cloture on another nominee that afternoon, the problem would be that they have their 4th of July two week break right after.
LikeLiked by 1 person
Have Graham’s floor votes tracked perfectly with his committee votes, at least on circuit nominees? There have only been four of Biden’s circuit nominees that Graham, Collins, and Murkowski have voted differently on: Nathan (Collins and Graham yes, Murkowski no), Robinson and Rikelman (Collins and Murkowski yes, Graham no), and Johnstone (Collins yes, Graham and Murkowski no). (Murkowski and Graham also have each missed five circuit nominee votes.)
LikeLiked by 1 person
Graham occasionally votes yes in committee and no on the floor. Examples of this are Lucy Koh & Margaret Guzman. If he passes in committee he usually votes no on the floor though there has been at least 1 nominee that Graham passed in committee and voted yes on the floor.
LikeLiked by 1 person
I do think Maldonado will get confirmed faster because of the factors others mentioned but I believe sans the nominee for the seat in ME, every Circuit court seat will be a party line vote.
If nothing else, you KNOW the GOP is livid that after being able to flip seats on the 7th, they lost one and have lost a chance to replace the most liberal Republican jurist in active service left with someone far right.
LikeLiked by 1 person
Republicans claim that Maldonado has a large backload of cases and imply that she’s been negligent in her judicial duties.
Will that be enough to sway Collins and Murkowski?
LikeLiked by 1 person
It shouldn’t be. Maldonado gave a great answer to explain. Biden has put six judges on the NDIL & Maldonado was the first of the six. And the second didn’t come until about a year later. So the court was short staffed & she was the new judge. Seems like it’s common practice for more senior judges to dump cases on newer judges. But the main part of her answer that should sway any reasonable Republican to vote for her is out of the cases she did decide, she was rarely reversed. So the quality of her work was stellar.
LikeLiked by 2 people
@Mitch,
We know Republicans don’t care about backlogs of cases given that there are several seats in red states that are judicial emergencies while in other places the backlog is close to getting there.
In the end, she’s going to get confirmed, as my opponent voted to confirm someone with a high case load doesn’t have the attack power versus claiming someone supports cop killers or sex offenders does.
LikeLiked by 2 people
Schumer wrapped up. No cloture motions but they will be in session tomorrow on Friday.
LikeLike
Schumer wrapped up. Senate will be back tomorrow to continue working on FISA. I think all legislative related cloture motions have 30 hours of postcloture time, and there was agreement to let the overnight hours count towards the clock, so I think if no time agreement is reached, the 30 hours would expire around 8PM tomorrow on the motion to proceed.
If the House does anything with the supplemental, which they may do on Saturday, does the Senate come back during their break?
LikeLiked by 1 person
Among the Circuit nominees, I expect Nancy Maldonado to be confirmed, probably by a smaller margin than her previous confirmation. But I think that the Adeel Mangi nomination is sunk and I’m becoming more uncertain about Seth Aframe. I think with Aframe and Kevin Ritz, it’s about 50/50.
LikeLiked by 1 person
I haven’t seen any right wing online uproar over Ritz. I’m kind of surprised.
LikeLiked by 1 person
It’s honestly sad how much Dems have to bend over backward to not nominate outright liberals to circuit courts and district courts, to prevent the GOP and their band of merry crazies from making a bunch of noise to the media. When in reality, their nominees were way more extreme than any nominee Biden has put forth in his presidency.
I’d say that the two most liberal nominees from Biden have been (now Judge) Dale Ho (SDNY) and Judge Nancy Abudu (11th circuit). Compare that to some of the freaks that Trump nominated: Judge Kobes (8th circuit).. who needed a tiebreaking vote by VP Pence, Judge Rushing (4th circuit), and the absolute worst freak of them all… Judge Kacsmaryk (NDTX)
Moral of the story: The republicans and republican aligned groups are going to throw a hissy fit over anyone that you nominate that is to the left of Reagan. Nominate them anyway and push the Overton Window to the left. The moderate candidates are how we end up with Judges James Ho and Ramirez on the same circuit. Do better.
LikeLiked by 1 person
I would not object – but the problem, that the votes for those liberal equivalent of the FedSoc hacks aren’t there - and prospects are not better next year when Sinema and Manchin are gone.
Generally Blackburn and Haggerty have simply the problem that they have nothing serious to negotiate with the WH except the seat at the Western District of Tennessee, while Cruz and Cornyn had plenty of district court seats at a big and important state where many hacks have seated in the last years. That’s why Ramirez is at the Fifth Circuit.
The assumption, what three circuit court of their state could be filled with Democratic candidates and they can’t do much if the WH, must be the sheer horror for them an it’s obviously their strategy to behave like they do – without compassion from me – but wondering, that Mathis was not mentioned a single time.
But maybe a few words about Ritz, who was sitting there, and even had to thank his home state senators for nothing. Some people would maybe less sorry for him because he’s a White prosecutor, but I wouldn’t.
Two of the three district nominees have once again been former public defenders, something won’t see again, everything of them was impressive for me and I hope they all make it to the bench.
LikeLiked by 1 person
I suppose the White House could have nominated Camille McMullen, thus dared Tennessee’s Senators to put their money where their mouths are.
LikeLiked by 1 person
I assume Camille McMullen was probably one of the three names Blackburn was talking about she recommended to the WH. The only hesitation I have making that assumption is Blackburn would probably rather go over Niagra Falls in a wheel barrel than see two of the three Tennessee circuit court seats go to African Americans with her voting for one of them.
LikeLike
The same way Blackburn walked her corrupt ass on the senate floor with her thumb in the air multiple times when Trump was president, voting to confirm far-right hacks to the 2nd, 3rd, 4th, 7th, 8th, and 9th circuits over the objections of Dem senators… the same way Dem senators should be giddy and gleeful to fill her state’s federal bench with liberals. What’s good for the goose is f*cking fantastic for the gander.
Only a shame we couldn’t get a 36-year-old ACLU/SPLC lawyer and former federal public defender to put on the 5th circuit from Texas to watch Cruz’s head explode. There is still time to fix that, but Biden is a career schmoozer, he’d never do anything with intentional malice like McConnell or Trump would do/did.
LikeLiked by 1 person
I hope she’s the nominee to the other circuit court seat. Not just to call her bluff, but also to quickly have the nominees for circuit seats ready to go. That 30-hour debate timer can be a bitch when the Senate works damn near 2-3 days per week and is prone to skipping town for weeks at a time. Having 3 liberals on the circuit court bench from Tennessee while listening to Blackburn bitch and whine on Fox News would be what I use to cheer me up after a long and bad day.
LikeLiked by 1 person
@dawsont825
I doubt that the White House would nominated three Circuit Court nominees from Memphis. For that reason, I thought a leading contender would be Henry Leventis, the U.S. Attorney based in Nashville.
LikeLiked by 1 person
Is it not possible to confirm them all and just assign different duty stations? I understand that their legal careers and connections are in a certain city/region, but can’t they move to a different city/duty station willingly?
If I lived in Orlando all my life and Pres. Biden nominated me to the SDFL to have a duty station in Fort Pierce, he wouldn’t have to finish the sentence before I accepted and thanked him profusely.
LikeLiked by 1 person
The Stranch seat is from Nashville. Camille McMullen is from Memphis. So it was either the Gibbons seat or bust for her.
LikeLike
@dawsont825
They can do that and perhaps they will. It’s just not typically done. It’s customary that judicial nominees have some kind of local roots.
LikeLiked by 1 person
It would depend on the home state senators more than likely if you are talking about nominating somebody from a different duty station. I personally could care less, but unfortunately we have seen it matter even in just the 3 years Biden has been President.
We saw judge Hurd rescind because of this. William Pocan was blue slipped & not renominated because of it. And don’t get me started on senator Cardin willing to play Russian Roulette with a circuit court set because of it. With all of the obstacles this WH faces when it comes to confirmation, I doubt they will add a duty station fight to the list.
LikeLike
Nashville and Memphis don’t particularly like each other either. No reason to upset anyone by having all three TN seats on the 6th based in Memphis.
LikeLiked by 1 person