Madam President, today this body will have the chance to vote on the nomination of the highly qualified Sri Srinivasan for the D.C. Circuit Court of Appeals. I’m a member of the Judiciary Committee and had the honor — the privilege — of chairing Mr. Srinivasan’s confirmation hearing, and I can say — without question — that he has the background, the skills, and perhaps most importantly, the temperament to serve as a circuit court judge. He is one of the single most qualified judicial nominees I’ve seen in my years in this body, and he deserves better than the games that have been played with this confirmation. He already has bipartisan support. Now let’s work together and give him a strong bipartisan vote.
The Constitution of the United States gives the Senate the responsibility to advise and consent to the President’s nominations for important posts, like the bench of the D.C. Circuit Court of Appeals.
And it’s certainly our responsibility to vet candidates — nominees — who come over from the President. We should not serve simply as a rubber stamp, but neither should we be a firewall, unreasonably blocking qualified nominees from service at the highest levels of our government.
Our nation’s courts should be above politics, and when the President submits a highly qualified candidate who is of good character and sound legal mind — as Sri Srinivasan most certainly is — then absent exceptional circumstances, that candidate should be entitled to a vote.
To this point in President Obama’s administration – nearly 1600 days in, the Senate has failed to live up to its responsibility and to confirm any nominee to the D.C. Circuit Court of Appeals.
The D.C. Circuit Court of Appeals is often called the second most important in the nation, because like the Supreme Court, it handles cases that impact Americans all over the country from all walks of life.
It regularly hears cases that range very broadly from terrorism and detention to the scope of federal agency power – and yet, is critically understaffed. The D.C. Circuit Court of Appeals has not seen a nominee confirmed since President George W. Bush’s fourth nominee to that court was confirmed in 2006 — seven years ago.
Republicans in this chamber filibustered President Obama’s nominee, Caitlin Halligan, until she ultimately — after hundreds and hundreds of days, across several Congresses — gave up and withdrew. Her opponents said that the caseload of the D.C. Circuit was too low – that it did not deserve another judge. But such concerns about caseload didn’t prevent the Republican-led Senate from confirming two nominees to the tenth seat on the D.C. Circuit and one to the eleventh.
Mr. Srinivasan stands nominated not for the tenth or eleventh seat, but for the eighth.
Madam President, we need to confirm Mr. Srinivasan and we need to act quickly on the President’s next nominee to that court, and the one after that.
We have a chance to start fresh with Mr. Srinivasan, who would serve equally well and ably on the D. C. Circuit Court of Appeals as might Ms. Halligan.
Mr. Srinivasan has a sharp legal mind. He served in the Solicitor General’s office for both Republican and Democratic administrations, and has earned the bipartisan support of his colleagues.
Twelve former solicitors general — 12 former solicitors general — and principal deputy solicitors general wrote a letter supporting his nomination. Six Republicans. Six Democrats.
The letter, which is signed by conservative legal luminaries such as Paul Clement and Ted Olson, notes Mr. Srinivasan is, “one of the best appellate lawyers in the country.” They commented further in the letter that he has an “unsurpassed” work ethic and that he is, I quote, “extremely well prepared to take on the intellectual rigors of serving as a judge on the D.C. Circuit.”
My point then, Madam President, is this. Sri is a capable — in fact, a highly accomplished attorney — with the character and demeanor to serve admirably on the bench, which has sat without a nominee from the Obama administration for the entire time that our current president has served.
Sri Srinivasan has earned bipartisan support. Now — today — let’s give him a bipartisan vote.