Grassley supports Obama nominee for Interior, opposes another appeals judge

The U.S. Senate voted today to confirm Sally Jewell as the next Secretary of the Interior by 87 votes to 11. Republicans cast all of the votes against Jewell, but Iowa’s Chuck Grassley was among the 34 Republicans who supported her confirmation, along with Senator Tom Harkin and the rest of the Democratic caucus. Bleeding Heartland posted background on Jewell here.

Yesterday, Grassley was one of 34 GOP senators who opposed the confirmation of Patty Shwartz to the U.S. Court of Appeals for the Third Circuit. She was confirmed with the support of Senate Democrats and ten Republicans. President Barack Obama nominated Shwartz way back in October 2011. The Senate Judiciary Committee voted in March 2012 to support her confirmation, over Grassley’s objection. I have not seen a statement this week explaining the senator’s vote against Shwartz, but after the jump I’ve posted his remarks from last year, when the Judiciary Committee was considering her nomination. The American Bar Association unanimously gave Shwartz its highest rating, “well qualified.”

This week Grassley claimed Republicans are allowing votes on more of Obama’s judicial nominees than the Senate did during President George W. Bush’s second term. However, Obama’s judicial nominees are waiting much longer for votes than Bush’s did, and at this point during Bush’s presidency, the Senate had confirmed more of his judges. Obama isn’t helping the situation; he has been “slower to nominate” judges than either Bush or President Bill Clinton.

UPDATE: I should have mentioned that Grassley is seeking to reduce the number of judges on the D.C. Circuit Court of Appeals from eleven to eight. His legislation would prevent President Obama from filling most of the current vacancies on the “second most powerful court” in the country. Last month, Grassley and fellow Republicans filibustered a highly-qualified nominee for the D.C. Circuit court.

Excerpt from:

Judiciary Committee Executive Business Meeting – Nominations, Safe Doses Act and Grant Programs

Prepared Statement of Senator Chuck Grassley of Iowa

Ranking Member, Senate Committee on the Judiciary

Executive Business Meeting

Thursday, March 8, 2012

Mr. Chairman,

On the agenda today are five nominations.  I have comments to make regarding some of these nominees before we vote.  I believe we can voice vote Mr. Hillman’s nomination as well as that of Mr. Harrigan.  It is my understanding roll call votes will be required for the other nominees – Shwartz, Helmick and Lewis.

With regard to the Helmick and Lewis nominations, I cannot support these nominations.  

Another nomination on today’s agenda is that of Patty Shwartz, to be United States Circuit Judge for the Third Circuit.  At her hearing I inquired as to circumstances reported by the press on her meetings with Senator Mendendez.  Her responses to my questions made during, and following, her hearing leave me troubled and dissatisfied.

Her version of her interviews with Sen. Menendez cannot be reconciled with Sen. Menendez’s own public statements.  Her response to questions submitted for the record contradicted her hearing testimony.

Because of the ambiguity of the details of these interviews, questions remain as to what assurances, understandings, or clarifications were made that persuaded Sen. Menendez to end his opposition and support the nominee.

I have additional concerns, including her unresponsive answers, her misapplication of law, and lack of appellate experience.

Based on these concerns, I am not inclined to support this nomination, particularly given the changed circumstances created by the President’s so-called recess appointments.  

It would be my preference to hold her in Committee until we resolve the ambiguities which remain and obtain responses to unanswered questions.  Whether we hold her in committee or on the floor matters less than having these issues are resolved.  

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  • Rubio

    Marco Rubio, working as hard as he can to defeat Rand Paul from the right, voting against a completely non-controversial Interior nominee.  

    • he's building up his chits

      hoping immigration reform doesn’t tank him with the right. Though I suspect he’ll end up backing out of immigration reform anyway.

      Rubio has been very over-sold as a Republican savior.

      • Rivera

        Yeah, regardless of how much he’s overselling the conservatism on votes like this he’ll go down for other reasons.  Once more of the country learns about David Rivera (most political geeks may not even know Rivera at this point.  It should hamper Rubio’s aspirations.

        Charlie Crist tried to drag up a few of the corruption changes, but given that Crist has been on the scene since the late 80’s himself there were too many scandals Rubio could counter with.

        Kendrick Meek couldn’t go after Rubio on the issues as well given Meek’s association with a number of aggressive developers.  

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