Senate Republicans understand Jeff Flake’s strategy on judicial confirmations, even if they’re not comfortable with it

Reaction from Senate Republicans on Senator Jeff Flake’s plan to hold up judicial nominations until Congress acts on tariff and trade issues has been respectful but wary, according to this piece in The Weekly Standard:

Although some of Flake’s colleagues have similar convictions concerning Trump’s use of tariffs, they say they won’t go so far as to block Trump’s appointees.

“I am not holding up judicial nominees for that purpose,” Pennsylvania Republican Pat Toomey told reporters on Monday night.

Toomey is a co-sponsor of a measure originally introduced by Bob Corker that would subject tariffs imposed under national security claims through Section 232 of the Trade Expansion Act to congressional approval. Trump has angered close trading partners (and Republicans on Capitol Hill, for that matter) by using that authority to impose tariffs of 25 percent and 10 percent on foreign steel and aluminum. The White House intends to use it again to impose tariffs of 25 percent on imported automobiles.

Toomey and Flake agree that Trump’s license to implement such duties without congressional approval should be revoked. And Toomey said on Monday night that getting a vote on the trade bill is “very important to me” — but so is confirming Trump’s judicial nominees. And Wisconsin Republican Ron Johnson, another co-sponsor of the Corker bill, said that he would love to see Congress reclaim its Article I constitutional authority over tariffs, but that he wasn’t insisting it happen “at exactly this moment in time.”

“I’d prefer he not do it,” Johnson said of Flake’s strategy of targeting Trump’s judicial nominees. “We need to confirm judges.”

Corker himself appeared wary of the notion. “We’re trying to pass the amendment in a normal way,” Corker shouted through the glass of a Senate subway car as the train propelled him away from a gaggle of reporters on Monday night.

Judiciary Chairman Chuck Grassley said on Monday night that he hadn’t spoken to Flake about the issue. “I’m interested in moving these judges, but I also have respect for what [Flake] wants to do,” Grassley told reporters. Senate Majority Whip John Cornyn said he would prefer to advance trade legislation through the Finance Committee, which has primary jurisdiction over the issue. Still, Cornyn didn’t appear completely opposed to the concept of curtailing Trump’s ability to unilaterally impose the Section 232 tariffs.

West Virginia legislature clears path to investigate state judiciary

The West Virginia House of Representatives unanimously approved a bill that would allow the House Committee on the Judiciary to investigate allegations of malpractice and criminal activity by members of the state Supreme Court of Appeals. The investigation could lead to the impeachment of one or more of the Supreme Court justices.

More on the allegations against the Justices, and especially former Chief Justice Allen Loughry (who was recently indicted by a federal grand jury on 22 counts of fraud and other malfeasance) here and here.

An update on Florida’s judicial vacancy lawsuit

Last week I noted the lawsuit filed against Florida Governor Rick Scott by Jacksonville attorney David Trotti. Scott has moved to fill several seats on the state bench, which opened due to curiously timed judicial retirements. Trotti alleges that the retirements create a vacancy for such a short period that the seats should be filled by popular election.

The trial court ruled in favor of Trotti, which would have prevented the Governor from filling the seat. But the Scott Administration appealed, which automatically stayed the decision and once again enabled the Governor to appoint a new judge. Trotti convinced the trial court to vacate the stay, but Scott then convinced the appellate court to reinstate the stay.

Trotti has now appealed to the Florida Supreme Court, arguing that the stay (and a Scott appointment) will eliminate the rights of citizens to vote for the judicial candidate of their choice. In his petition, he noted that several judges have times their retirements to create just enough of vacancy to permit the Governor to claim the right to fill the seat through appointment. As I noted in my earlier post, I am no fan of judicial elections, but this certainly smells like people are gaming the system.

EU turns up heat on Poland over judicial reforms

The European Union is entering uncharted waters as it deals with a threat to the judiciary coming from one of its own:

The executive European Commission has triggered a punitive procedure against Poland for weakening the rule of law, the first time it has used the provision. Tuesday’s meeting will see European affairs and foreign ministers from the other 27 EU states quiz their Polish counterpart.

“The Polish government has the right to reform the judiciary as long as this does not go at the expense of the independence of the judiciary,” said the Commission’s deputy head, Frans Timmermans, who is leading the case against Warsaw.

This will not be resolved quickly or quietly.

Federal judicial nominations are caught up in a political fight (again)

Senator Jeff Flake (R-AZ), one of the most prominent Republican critics of President Trump, has stated that he “and a few other senators” plan not to vote on any more federal judicial nominations until Congress acts on other issues:

“I do think that unless we can actually do something other than just approving the president’s executive calendar, his nominees, judges, that we have no reason to be there,” Flake said. “So, I think myself and a number of senators, at least a few of us will stand up and say let’s not move any more judges until we get a vote for example on tariffs.”

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“The Senate ought to bring legislation to the floor that says hey, we’re going to push back here,” Flake said. “The European Union exporting cars to the U.S. does not represent a national security threat.”

Senator Flake is right about the need for Congress to step up and do its job in a rigorous and thoughtful manner. But it’s a damning indictment of that body that it cannot simultaneously govern the country and approve judicial nominees. Meanwhile, the federal court system continues to operate with many fewer judges than it believes necessary to do its work properly.

Are more judges arming themselves in self-defense?

This story out of Toledo suggests that the answer is yes.

This trend is not entirely surprising, given the high-profile, violent attacks on judges in recent months. But it’s not at all clear whether–and how–concealed carry by judges would affect the regular work of courthouse security staff.

An interesting, and somewhat sad, development.

Connecticut family court judges under attack

This depressing story relates the brutal public invective that some family court judges in Connecticut have recently experienced–including a slew of anti-semitic, racist, and homophobic slurs. And it’s not just on social media. Opponents of the judges have erected vicious billboards on interstate highways, and have shown up to public hearings provocatively dressed to draw attention to their hatred of the judge.

The problem is compounded, first, by the nature of family court cases, which are often highly emotional and difficult. The well-accepted standard of doing what is in the “best interests of the child” is easy to state, but not to easy to apply. A second aggravating factor is the ongoing political fight between Connecticut’s legislators and Governor Dannel Malloy over judicial appointments and reappointments. And, of course, delays and court costs only add to the stress of the litigant experience.

So there is much room for improvement. But obviously no judge (indeed, no person) deserves to be attacked based on race, gender, religion, sexual orientation, and the like.