Obamas Nominees for the D.C.

Circuit Court of Appeals

LIZZI GOBLE 1 ST P E R I O D GOVERNMENT

The Controversy:

What is the DC Circuit?

The United States Court of Appeals for the

District of Columbia Circuit, known informally as the D.C. Circuit, is the federal *appellate court for the U.S. District Court for the District of Columbia.
*Appellate court: Any court of law that is empowered to hear an appeal of a trial court or other lower tribunal

Why is the D.C. Circuit such a big deal?

Well, the D.C. Circuit has a unique influence.

The Supreme Court is the highest Federal court, but it hears only a

tiny portion of the appeals filed every year. The nine Supreme Court Justices, who more often than not get to pick which appeals they will consider, heard only 79 cases during the 2011-2012 term. Only a handful of those cases were appealed from the D.C. Circuit Court of Appeals. In stark contrast, the D.C. Circuit cannot simply choose not to hear an appeal. In the year that came to a close in September 2012, nearly 1,200 appeals were filed before the court. This means that when the D.C. Circuit makes a ruling, it is almost guaranteed to have the last word.
And because of the D.C. Circuits jurisdiction it has the last word on a

wide range of federal laws, including congressional enactments and regulations adopted by federal agencies and departments. As a result of the types of cases it hears, the court has a unique ability to leave its mark on a vast array of national laws and policies in a way that other circuits simply do not.
It is also important to note that judges of the D.C. Circuit have a very good chance of being nominated to Supreme Court.

Alright, give me the low down. Whats this whole controversy thing about?
To date, President Obama has nominated four

individuals to fill the vacant positions on the D.C. Circuit Court of Appeals. So far, the Senate Republicans have blocked three of those nominees with filibustering (obstruction) tactics.

Those nominees being Cornelia Nina Pillard, Patricia Millett, and Caitlin Halligan.
Halligan was nominated to the D.C. Circuit by Obama on four different occasions starting from 2010, and due to Republican filibustering frustrating the appointment process, the President withdrew the nomination at her request in early 2013.

Alright, give me the low down. Whats this whole controversy thing about? (Pt 2)
Although the D.C. Circuit has eleven judgeships,

there are currently only has eight judges serving the court. The judges are split evenly between Republican and Democrat. There are three vacancies that have yet to be filled, and Republicans are fighting against having them filled at all. They believe that the D.C. Circuit has plenty of bodies for the efficient management of its current workload and that it is unnecessary to confirm any more judges to the court.

Two sides.
Republicans are arguing that the D.C. Circuit has enough

judges for the workload it is receiving and does not require any more bodies. Additionally, they are worried that Obama is trying to stack the D.C. Circuit in his favor, because as it currently stands, the two parties are perfectly balanced with four members each. Democrats believe that all three of the nominees that have been blocked so far are highly qualified, capable candidates and that the Republicans are only filibustering them out of spite. Many within the party find it suspicious that the Senate Republicans are working so hard to block Obamas nominees, who happen to be women, from positions in the federal government (in which, there are currently very few positions held by women relative to men).

Thats interesting and all, but how exactly does this affect the good ol U.S. government?
Well as I mentioned earlier, the D.C. Circuit has a unique and

widespread influence that none of the other U.S. Courts of Appeal have. Although it is lower in authority, the D.C. Circuit hears more cases than does the Supreme Court, and thus often has the final say in cases involving federal laws and policies. Again, this means that the D.C. Circuit has incredible amounts of influence over the governments legislation. A judge in the D.C. Circuit is sitting in a very powerful position. Whether or not Obama is indeed attempting to stack the D.C. Circuit, Republicans are justified in their worries. Currently the Democratic and Republican parties are equally represented in the court with four judges each, but if one party obtained the majority they would gain massive amounts of influence which could be used to hurt or help Obamas political agenda.

The Current Status of the Situation...

At this time, it doesnt appear as though the Senate

Republicans are willing to budge on the nomination filibustering of Nina Pillard and Patricia Millett. On November 14th, Senate Majority Leader Henry Reid motioned to invoke cloture on nomination Robert L. Wilkins. The cloture vote is scheduled for the 18th, but whether or not the filibustering will end and Wilkins will be confirmed to the D.C. Court remains to be seen.

Thank you.
11/15/13