Politics
Obama nominates 3 to US appeals court- challenges Republicans to approve his picks
The court has nationwide and even international impact, since many cases relate to the balance of power in Washington and review of actions by federal agencies that affect health, safety and the environment. The D.C. circuit also is grooming grounds for the Supreme Court, with four current justices having served on it.
The nominees might not raise partisan rancor on their own – Millet worked in the George W. Bush administration, while Wilkins was confirmed without opposition in Obama’s first term. But the D.C. Circuit is at the center of a struggle between Obama and Senate Republicans.
Congress has authorized 11 judgeships for the D.C. circuit, but Republicans are questioning whether the court is busy enough to justify filling the seats. Sen. Chuck Grassley of Iowa, the top Republican on the Senate Judiciary Committee, has introduced legislation to eliminate one seat, move one to the 11th circuit based in Atlanta and move another to the 2nd Circuit based in New York. He says the workloads in those two circuits are much heavier than in Washington.
That legislation is a non-starter in the Democratic-controlled Senate, but signals that Republicans are going to fight Obama’s nominees.
“It’s hard to imagine the rationale for nominating three judges at once for this court given the many vacant emergency seats across the country, unless your goal is to pack the court to advance a certain policy agenda,” Grassley said in a statement Monday night.
The White House has objected sharply to Grassley’s legislation and noted that Republicans voted to fill those vacancies when President George W. Bush made the nominations.
The White House has been frustrated by the successful blocking of one of Obama’s nominees to the circuit and by key decisions there recently against Obama’s agenda. The circuit overturned an administration regulation clamping down on power plant pollution that crosses state lines, rejected its attempt to require large, graphic health warnings on cigarette packages and found that Obama exceeded his power in bypassing the Senate to make recess appointments.
