Another Bid to Advance Judicial Nominees is Torpedoed

CapitolflagNO CONSENT FOR JUDICIAL NOMINEES VOTE: Sen. Cory Booker, D-N.J., urged the Senate on Tuesday to agree unanimously to vote on seven district court nominees who have been waiting the longest. But Republican Leader Mitch McConnell of Kentucky objected. He proposed a shorter list that included a long-standing African-American nominee from Tennessee and omitted a long-standing African-American nominee from New Jersey. Booker objected, proposed a vote on just those two nominees, who have been awaiting the votes the longest, and McConnell once again disagreed.

“There’s no credible reason why we’re not moving forward besides partisanship,” Booker told senators, according to It was the latest effort to break a partisan logjam and confirm judicial nominees in a region where judicial vacancies and backlogs have drawn a “judicial emergency” designation. President Obama announced one of the nominees pushed by Booker for a vote, attorney Julien Neals of New Jersey, nineteen months ago.

A DULLER DOCKET FOR THE SUPREME COURT? The eight-member Supreme Court, hobbled by Senate Republicans’ refusal to take up the nomination of Judge Merrick Garland for a vacant seat, currently doesn’t have major cases on abortion, immigration, or affirmative action on its docket.

“Shorthanded and ideologically divided, the U.S. Supreme Court has yet to take up any cases on politically sensitive social issues in its new term starting in October, instead showing a keen interest in more technical cases of importance to business such as disputes over intellectual property,” Reuters reported. Intellectual property cases often get one-sided votes, either unanimous or a clear majority, on the court.

FORCED ARBITRATION: Not only was Wells Fargo & Co. CEO John Stumpf grilled yesterday about the bank’s stance on forced arbitration (see Gavel Grab), but Senate Banking Committee members raised the issue with federal regulators.

“Do you think forced arbitration clauses make it easier for big banks to cover up patterns of abusive misconduct?” Sen. Elizabeth Warren, D-Ma., asked Richard Cordray, director of the Consumer Financial Protection Bureau, according to The Los Angeles Times. 

“I do think so,” Cordray replied. reported that Sen. Sherrod Brown, D-Ohio, warned at the hearing about the Wells Fargo fake account scandal, “Rather than letting fraud victims have their day in court, Wells Fargo forced customers to abide by the mandatory arbitration clauses in their real accounts.” He added,  “The bank invoked the fine print on a real account to block redress on a fake one which Wells Fargo had created.” To read about support by our sister organization, Alliance for Justice, for eliminating forced arbitration and broadening access to justice, click here.