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Reid To Test Informal Agreement With GOP, Pushing Judicial Nominees This Week

First Posted: 02/02/11 11:27 AM ET Updated: 05/25/11 07:30 PM ET

Harry Reid

WASHINGTON -- The first effort to break through what White House counsel Bob Bauer called a cold war political standoff over judicial confirmations will take place this week, as Senate Democrats will re-consider a batch of stalled nominees.

The Senate Judiciary Committee is poised to send at least eleven nominations to the floor, likely this Thursday. Senate Majority Leader Harry Reid (D-Nev.), meanwhile, has expressed his desire to hold a vote on one or a few of those nominees before the caucus leaves for its upcoming retreat.

"We should expect to see anywhere from one to a handful of votes on judicial nominees end of the week or early next week," a Senate Democratic leadership aide said.

The idea, explained the aide, is to test whether an informal agreement between Republicans and Democrats to either filibuster less or expedite the confirmation process has had any tangible impact. The nominees being re-considered by the Judiciary Committee were categorized as non-controversial holdovers from the last Senate session. Democratic lawmakers want to clear those confirmations through unanimous consent in the Senate before turning their sights to judicial nominees that were passed through committee last session by party-line vote.

Whether Republicans in the chamber will sign off on those plans could prove to be a telling indication of whether more comity has been brought to the new Congress. On Tuesday, Bauer made a rare public plea for lawmakers to speed up the confirmation process.

"If it is a war," he said at a conference organized by the American Constitution Society for Law and Policy, "it is a cold and not a hot war ... Nominees left languishing on the floor for as much as hundreds of days without a vote, are basically ignored, not because ... of perceived deficiencies in their record or shortcomings as a potential jurists. It is a quiet blow to the process. But it is a heavy blow nonetheless. No shouting on the floor, just nothing on the floor. It is as if ... it did not matter at all. But of course it matters a great deal: to the nominees, to the courts to which they were nominated to serve, and to the parties to those courts."

As blunt a statement as it was, the rare public appearance by Bauer gave off a similarly direct message. The administration has long argued that judicial vacancies at the federal level were hitting a dire state. Deploying the president's chief counsel to make the case, indicates that the White House sees the next few months as a critical juncture to fill those vacant posts.

Here are the names of the nominees the Judiciary Committee will be considering (a committee spokesperson said there could be four additional names considered):

  • James E. Graves, Jr., to be United States Circuit Judge for the Fifth Circuit
  • Amy Totenberg, to be United States District Judge for the Northern District of Georgia Carolina
  • James E. Boasberg, to be United States District Judge for the District of Columbia
  • Amy B. Jackson, to be United States District Judge for the District of Columbia
  • Paul K. Holmes, III, to be United States District Judge for the Western District of Arkansas
  • Anthony J. Battaglia, to be United States District Judge for the Southern District of California
  • Edward Davila, to be United States District Judge for the Northern District of California
  • Diana Saldana, to be United States District Judge for the Southern District of Texas
  • Max O. Cogburn, Jr., to be United States District Judge for the Western District of North Carolina
  • Marco A. Hernandez, to be United States District Judge for the District of Oregon
  • Steve Jones, to be United States District Judge for the Northern District of Georgia

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WASHINGTON -- The first effort to break through what White House counsel Bob Bauer called a cold war political standoff over judicial confirmations will take place this week, as Senate Democrats will ...
WASHINGTON -- The first effort to break through what White House counsel Bob Bauer called a cold war political standoff over judicial confirmations will take place this week, as Senate Democrats will ...
 
 
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HUFFPOST SUPER USER
liberallibrarian
You may say that I'm a dreamer...
01:21 PM on 02/03/2011
Allow me to consult my crystal ball and predict how the GOP will respond...

Hmmm...I'm seeing a two-letter word beginning with "n".

Sigh.
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MovieGuy2010
You can't fight in here..this is the war room!
11:50 AM on 02/03/2011
After making this announcement, Harry announced his next idea was to hand-feed live alligators raw chickens with his arms coated with raw chicken blood....

"People have said, it's probably not a sensible idea, but it seems more rational and safe then trying to work with this group of Republicans?"
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HUFFPOST SUPER USER
liberallibrarian
You may say that I'm a dreamer...
01:25 PM on 02/03/2011
Snort. Yes. Yes it does. Love you. :D
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HUFFPOST SUPER USER
Michael Martinez
11:40 AM on 02/03/2011
Unfortunately, the idea of eliminating secret holds went down in flames, it is a normally used GOP tactic to halt consideration of a bill or nominee. Not only can they (GOP) not be trusted...they cannot be believed and ignore the honorable tradition of keeping your word...their sole purpose is to destroy the Presidency of any Democratic President and any Democratic leadership in any house of Congress...without regard to the well being of the country.
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hempster
Let it be said, let it be written, let it be done.
05:35 PM on 02/03/2011
And I think particularly this one. Shame.
11:37 AM on 02/03/2011
Reid wants to "test the waters"? Wait until he discovers that the Repubs mean to test the waterboarding.
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HUFFPOST COMMUNITY MODERATOR
Budokan
Professional science fiction/fantasy writer
10:53 AM on 02/03/2011
There Reid goes again thinking you can reason with rabid dogs.

Reid does what he always does best: Capitulates to RepubliKan extremism.
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HUFFPOST SUPER USER
liberallibrarian
You may say that I'm a dreamer...
01:27 PM on 02/03/2011
But they were so harmless before they started hanging around those Tea Party raccoons...
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hempster
Let it be said, let it be written, let it be done.
05:47 PM on 02/03/2011
You're being factious - Right? They're not fit for office and it is "We the People..." who must vote in progressives, who understand the role and responsibility of the government, to: "We the people..."

And it starts off with a litmus test. Each and every person running for office must have in their very marrow the meaning and words of the Preamble to the Constitution of the United States of America. And we will know by their actions if they do indeed understand. The Republican'ts are ignorant of the words and just plain nasty.

There are two years for the hypocrisy of the republicans in congress to be pounded on. I sincerely hope our leadership and President will "get 'er done"!
10:27 AM on 02/03/2011
Denying the vote to judicial appointees is denying justice to many who would be served by that judge! I call for the reporters who cover the legislature to make "big" about these denials and of the secret holds which are still available. Perhaps the publication in major sources will be a way to increase the pressure on the legislators to "get to business" through the contacts of constituents. We have walls of fame, I think it is time for a legislative hall of shame!
HUFFPOST SUPER USER
bradenton
09:28 AM on 02/03/2011
Reid is a sellout.
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Arashi
comfort the afflicted; afflict the comfortable
09:42 AM on 02/03/2011
Sell what? Thanks to Obama, nothing's left. Reid is reduced to begging the Republicans not to stuff him in a locker during recess.
11:40 AM on 02/03/2011
That has nothing to do with Obama. Reid is a weak reed by his own doing.
HUFFPOST SUPER USER
Elbrando
The dream shall never die - Ted Kennedy
09:26 AM on 02/03/2011
Sometimes I think Reid and McConnell should wear wide brim hats like they do in spy vs spy.
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HUFFPOST SUPER USER
Fred M White
Facts know no bias my republican friends...
08:57 AM on 02/03/2011
I need to start previewing and proof reading my posts, "bace should read back"
RTIII
Poster of over 0.0135% of all HufPost comments
03:38 PM on 02/03/2011
Next time, reply to yourself. YOu get the button after you do a refresh.
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HUFFPOST SUPER USER
Fred M White
Facts know no bias my republican friends...
08:56 AM on 02/03/2011
I'm not sure whether Reid suffers from Stockholm Syndrome or Battered Spouse Syndrome but in any event the man just keeps coming bace for more abuse. And I am not making light of Battered Spouse Syndrome, believe me. Its not a laughing matter, for the victims of it or in this case, for the country. Why do conservatives hate America?
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Arashi
comfort the afflicted; afflict the comfortable
09:44 AM on 02/03/2011
Conservative don't hate America; they hate you. You make them think and that hurts their heads.
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HUFFPOST SUPER USER
liberallibrarian
You may say that I'm a dreamer...
01:28 PM on 02/03/2011
Yep. And they will continue to defund education until you stop.
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HUFFPOST SUPER USER
swancj
08:23 AM on 02/03/2011
Unless the agreement is to cede all power in Congress and the White House immediately, I doubt he will find the agreement with the Republicans tangible.
This user has chosen to opt out of the Badges program
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RM Greer
Democrat and very proud of it.
12:42 PM on 02/03/2011
Nah, I honestly believe they would not vote for that bill either were it introduced by the Democrats.
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HUFFPOST SUPER USER
Rick Shreiner
Like EVERYONE else, I am UNIQUE . . .
07:53 AM on 02/03/2011
The Bachmann/Palin/Bagger Party DOES NOT compromise, nor will it EVER become compliant to "informal agreements".
That, to them, would confirm a fatal weakness, which is a GIANT "NO-NO".
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HUFFPOST PUNDIT
keramos
Guns don't kill, bullets do. Tax the bullets
08:30 AM on 02/03/2011
Bachman-Palin underdrive
hopeisalive
Old enough to know better, but young enough to try
07:48 AM on 02/03/2011
If the "informal agreements" are as valid and strong as the "formal agreements", nothing will get approved by them as usual. Why pursue any kind of agreement? Bring the bills up and see if you can get cloture. No cloture, no action and yet they must get a budget done soon or at least take care of the debt ceiling. Nothing of real importance done as yet and we are a month into the new session. No Republican jobs bill in either house, just pushes for their far right base. Wouldn't it be nice if just for one year---that's too long---or maybe one month they would find a way to do what is best for all of the American people instead of just their base?
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HUFFPOST SUPER USER
rafaelbolero
05:27 AM on 02/03/2011
Listen : the Republicans have realized that if you control the judiciary, you can legislate outside the Senate and the House : the Supreme Court is now a republican mini-congress : this battle over the lower courts is a rear-guard action, or, an offensive in the making, if they get the White House : like the Bush DOJ + Rove, they will target the judiciary and attorneys. This is why Holder is a joke and a zero. The DOJ and SCOTUS is captured. The Congress does nothing except approve war-spending, and the SCOTUS makes law that gives corporate power. IS EVERYONE BLIND? We have a five-man junta running the land, and they are not elected, and serve for life, and they wear stupid robes, almost as farcical as the Pope. Comic relief : Ha ha, Amerika! Cut to the commercial!
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TParrish
Favoite game: Mobius Strip Poker
07:27 AM on 02/03/2011
Well, yeah. Ever since the election in 2000, stolen by getting it sent to the SCOTUS, who stopped a recount and awarded the presidency to the guy with fewer votes, it has been evident that he who controls the courts controls the country.
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HUFFPOST SUPER USER
WarriorLemming
An avalanche On Republican's B*llsh*t Mountain
07:36 AM on 02/03/2011
Excellent post, rafaelbolero, it's so true. Damn, I wish Americans would wake up and see that whoever is President is the one who gets to pick these justices for life! People please, VOTE!
03:42 AM on 02/03/2011
r we supposed to believe that sen reid is going to be a sellout? no way!! reid is one of the most principled senators weve had from nevada in the last decade. his reputation is almost unimpeachable!!
if he's going to make such a deal there must be something really big in it for us union workers...and probably other working class folks as well..
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TParrish
Favoite game: Mobius Strip Poker
07:28 AM on 02/03/2011
The deal needs to be a formal deal. To the republicans, an informal deal, well, why NOT break an informal deal?
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HUFFPOST SUPER USER
John Boyle
Disabled Viet Nam Vet
08:30 AM on 02/03/2011
I hope Reid does not shake the Rep. hands, he will get his hands dirty.