“The Federal Bureau of Investigation has been conducting background interviews” on Eighth Circuit Court of Appeals Judge Jane Kelly, Julie Hirschfeld Davis reported today for the New York Times. Assuming that news is accurate, Judge Kelly is on President Barack Obama’s list of possible nominees to the U.S. Supreme Court. Within hours of Justice Antonin Scalia’s death last month, many court-watchers speculated that Kelly could be named to replace him. After spending most of her career as a federal public defender, she won unanimous confirmation to the Eighth Circuit Court of Appeals in 2013 with strong support from Iowa’s senior Senator Chuck Grassley.
As Senate Judiciary Committee chair, Grassley has the power to schedule hearings and votes on any judicial nominee. He has promised not to give Obama’s choice any hearing in the Senate. Denying a Supreme Court nominee any consideration for a full year is without precedent in U.S. history. Yet Grassley and Senate Majority Leader Mitch McConnell stuck to that stance yesterday during a White House meeting with the president and Vice President Joe Biden. I enclose below Grassley’s official comment on that meeting, a guest column the senator’s office submitted to Iowa media outlets late last week, and Grassley’s Senate floor speech from April 2013, urging colleagues to confirm Kelly.
Already, Democrats are bombarding Grassley and other GOP senators with calls to “do your job.” Nominating Kelly for the Supreme Court vacancy would put Grassley in a particularly awkward position, forcing him to explain over and over why he refuses to give a well-regarded, highly-qualified Iowa judge even the courtesy of a Senate hearing, let alone a floor vote.
UPDATE: According to appellate attorney Steve Klepper, Kelly set the record for fastest Senate approval of an Obama appeals court nominee: 83 days from nomination to confirmation.
SECOND UPDATE: The Cedar Rapids Gazette reported, “Grassley said Wednesday [March 2] that news the White House had ordered checks on Judge Jane Kelly of Cedar Rapids as a possible Supreme Court nominee wouldn’t neutralize his stance against any choice of President Barack Obama.” The same article quoted from a statement the senator released last month, noting that “It’s not an issue of any particular candidate. […] If a Democrat wins the White House, I’m sure Jane Kelly would be on any Democrat’s short list of candidates.”