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December 20, 2010

Any thoughts or insights about how Obama's lower court judges are doing on sentencing issues?

The question in the title of this post is prompted in part by this new AP piece, which is headlined "Quiet deal on Obama's judge nominees in the Senate."  Here are the basics from the article:

After a months-long blockade, Senate Republicans have agreed to let at least 19 of President Barack Obama's non-controversial judicial nominees win confirmation in the waning days of the congressional session in exchange for a commitment by Democrats not to seek votes on four others, according to officials familiar with the deal.

Among the four is Goodwin Liu, a law school dean seen as a potential future Supreme Court pick, whose current nomination to the 9th U.S. Circuit Court of Appeals in San Francisco has sparked strong criticism from Republicans.

As part of the arrangement, the Senate has approved 10 judges in the past few days without a single dissenting vote.  One of them, Albert Diaz, had been awaiting confirmation to the 4th Circuit Court of Appeals in Richmond, Va., since clearing the Judiciary Committee in January.

The agreement was worked out between Senate Majority Leader Harry Reid and his Republican counterpart, Sen. Mitch McConnell of Kentucky, with the knowledge of the White House, officials said.  Spokesmen for the two Senate leaders declined comment....

In addition to the 10 nominees confirmed since Thursday, the Senate is expected to approve at least nine more before lawmakers adjourn for the year.  All have been pending in the Senate since Sept. 23 or before.  Another 15 have been awaiting a vote for less than a month.

The unconfirmed nominations will expire when Congress adjourns for the year. Obama is free to reappoint them, but Republicans will have more seats in the Senate in 2011, and there is no assurance the most controversial among them would be approved quickly, if at all.  Apart from Liu, they include Edward Chen, Louis B. Butler Jr. and John J. McConnell, Jr., all nominated to become U.S. District Court judges.

I have not kept up closely with all the lower court judicial nomination debates lately, though I continue to believe that the judges President Obama appoints to the lower courts likely will have a huge impact on the future of sentencing law and policy. I am aware of a few notable sentencing ruling coming from a few of Obama's lower court appointments, but I am sure many Obama newer judges have just barely started developing a significant record on various sentencing issues. Consequently, in the wake of this new nominee news, I thought it might be useful to encourage readers to chime in with any special thoughts or insights on this front.

December 20, 2010 at 06:22 PM | Permalink

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