Updated: March 7, 2010
Dawn Johnsen's nomination has been approved by the Senate Judiciary Committee for the second time since the president first nominated her for assistant attorney general for the Office of Legal Counsel in February 2009. With Johnsen's nomination now set to face the full Senate, Democrats have shifted their focus to stopping a filibuster. Filibustering has been a popular tool for Senate Republicans this session, reaching record numbers with 112 cloture votes in the last Congress (110th) and 40 attempts to invoke cloture already in this Congress (111th).
AAUW will continue to monitor the judicial nominations process and advocate for nominees who are committed to the protection of fundamental civil rights and liberties for which our members have fought for over a century. Race & Gender Make a Difference in the Courts
Studies conducted by universities across the country suggest that the race and gender of a judge may affect the decisions made in cases the judge hears. Washington University Law Review published the results of a study which showed startling statistics to this effect. In cases involving racial harassment, plaintiffs lost half of the time when the judge handling the case was an African-American. Shockingly, the chance of the plaintiff losing drastically increased with a Hispanic (81%) or a white judge (79%). Another study, which focused on the decisions made in sexual harassment or sexual discrimination cases, showed that a female judge is two times as likely to rule on the plaintiff's side. Researchers suggest that the disparities in the way judges of different races and gender rule, is the result of the way the case is interpreted.
- from AAUW's Washington Update for February 19, 2010
Democrats in the House and Senate are working this week to draft campaign finance legislation in response to last month's landmark Supreme Court decision, Citizens United v. FEC, that ruled that corporations could not be barred from direct spending in elections. Speaker Nancy Pelosi (D-CA) has designated Rep. Chris Van Hollen (D-MD) to lead a task force of committee chairpersons to draft the House bill. On the Senate side, Sen. Charles Schumer (D-NY) is coordinating the effort and hopes to have a Senate bill by next week. Some Democrats, lead by Rep. John Larson (CT) and Sen. Richard Durbin (IL), were pushing for public financing of congressional campaigns (HR 1826, S 752) before the Citizens United decision. As mentioned last week, Reps. Donna Edwards (D-MD) and John Conyers (D-MI) have proposed a constitutional amendment (HJ Res 74) to give explicit power to Congress and the states regarding corporate spending on political speech.
- from AAUW's Washington Update for February 12, 2010
After more than nine months since the president nominated her for Labor Department Solicitor, Patricia Smith was confirmed by the Senate on Thursday, 60-37.
In an executive session on nominees resubmitted by the president in 2010, the Senate Judiciary committee voted several pending nominations out of committee on Thursday before Republican members walked out, depriving the committee of a quorum. Dawn Johnsen's Justice Department Legal Counsel nomination was among those left pending.
AAUW will continue to monitor the judicial nominations process and advocate for nominees who are committed to the protection of fundamental civil rights and liberties for which our members have fought for over a century. For more information, see AAUW's position paper on federal judicial nominations.
- from AAUW's Washington Update for February 5, 2010
On Tuesday, Reps. Donna Edwards (D-MD) and John Conyers (D-MI) proposed an amendment to the Constitution that would reverse last month's Supreme Court decision, Citizens United v. FEC, that ultimately deregulates the amount of money corporations spend on election campaigning. The proposed amendment is gaining support, calling for regulation and limitation of corporate money in elections.
- from AAUW's Washington Update for February 5, 2010
In a special session Thursday, the Supreme Court issued a 5-4 ruling in the Citizens United v. Federal Election Commission campaign finance case. According to the New York Times, the Court ruled that the government cannot impose spending limits on corporations, labor unions, or special interest groups in candidate elections. Overruling two previous decisions, the majority of the Court felt that the decision reinstated the First Amendment rights of such organizations. Opponents of the ruling, however, expressed concern that the ruling would open the flood gates to special interest money, and therefore power, in elections. President Obama issued a statement, calling the decision "a green light to a new stampede of special interest money in our politics." Democrats vowed to pass new legislation to put new spending limits into place.
- from AAUW's Washington Update for January 22, 2010
On Wednesday, President Obama resubmitted the nomination of Dawn Johnsen to be the Assistant Attorney General for the Department of Justice's Office of Legal Counsel. Johnsen was originally nominated last February, but her nomination has been held up by Republican opposition in Congress. Per Senate rules, nominees awaiting Senate action at the end of a session cannot be acted upon unless they are renominated by the president. While senators usually agree to waive this requirement by unanimous consent, Senate Republicans refused to do so for select nominees before leaving for the holidays in December, forcing the president to renominate her or someone else for the job.
AAUW will continue to monitor the judicial nominations process and advocate for nominees who are committed to the protection of fundamental civil rights and liberties for which our members have fought for over a century. For more information, see our position paper on federal judicial nominations.
- from AAUW's Washington Update for January 22, 2010
On Tuesday, Kansas Judge Warren Wilbert ruled for a second time that attorneys for Scott Roeder, the man who confessed to the murder of Dr. George Tiller in May 2009, may argue a "justifiable homicide" defense under a plea of voluntary manslaughter. Under Kansas law, voluntary manslaughter is defined as "an unreasonable but honest belief that circumstances existed that justified deadly force."
On both sides of the abortion debate, many believe the final decision may influence others to kill abortion providers because of the possibility of a lower sentence for voluntary manslaughter. According to the Associated Press, Don Spitz, a supporter of Scott Roeder and website manager for the Army of God said that this decision "may increase the number of people who may be willing to take that risk." Feminist Majority Foundation Executive Vice President Katherine Spiller agreed saying, "Let there be no mistake, the rulings of Kansas Judge Warren Wilbert are being seen by extremists as a green light for those who would murder abortion providers."
AAUW supports the right of every woman to safe, accessible, affordable, and comprehensive family planning and reproductive health services. This position stems from AAUW's 2009-2011 Public Policy Program, which advocates, "choice in the determination of one's reproductive life ... increased access to health care and family planning services including expansion of patients' rights."
- from AAUW's Washington Update for January 15, 2010
On Monday, a San Francisco federal court began hearing arguments on whether or not the 2008 California ballot initiative against same-sex marriage is constitutional. Two couples have asked Chief US District Judge Vaughn R. Walker to rule that the ballot initiative, known commonly as "Prop 8," violates their constitutional rights to marry as marriage is a right embedded in the US Constitution. No matter the verdict, lawyers on either side are expected to appeal the decision to the US Supreme Court.
AAUW's member-adopted 2009-11 Public Policy Program affirms our commitment to "vigorous protection of and full access to civil and constitutional rights" as well as "freedom in definition of family and guarantee of civil rights in all family structures." AAUW believes that discrimination against any class of persons has no place in our country, and that human and civil rights should not be subject to popularity contests.
- from AAUW's Washington Update for January 15, 2010
The Washington Post reported this week that, Senator Arlen Spector (D-PA) has declared his support of Dawn Johnsen's Justice Department re-nomination. Senator Spector's support could be the final step in breaking through a legislative barrier that has lasted nearly a year since the president first nominated Johnsen for assistant attorney general for the Office of Legal Counsel.
Republicans on the Senate Judiciary Committee, including Sens. Sessions (AL), Hatch (UT), Grassley (IA), Kyl (AZ), Graham (SC), Cornyn (TX) and Coburn (OK), signed a letter requesting committee Chairman Patrick Leahy (D-VT) hold new hearings on Johnsen's nomination. AAUW will continue to monitor the judicial nominations process and advocate for nominees who are committed to the protection of fundamental civil rights and liberties for which our members have fought for over a century. For more information, see AAUW's position paper on federal judicial nominations.
- from AAUW's Washington Update for January 15, 2010
On Christmas Eve, the Senate unanimously confirmed Dolly M. Gee to the U.S. District Court for the Central District of California, the Los Angeles Times reported. Gee will become the first Chinese American woman to serve as a District Court judge, a position that is a lifetime appointment. President Obama nominated her for the spot in August.
Other presidential nominees weren't so lucky. Per Senate rules, nominees awaiting Senate action at the end of a session cannot be acted upon unless they are renominated by the president. While senators usually agree to waive this requirement by unanimous consent, Senate Republicans refused to do so for select nominees before leaving for the holidays in December. According to TPM, included in the group of nominations sent back to the White House was Dawn Johnsen, President Obama's pick to lead the Justice Department's Office of Legal Counsel. The president announced on Thursday that he will renominate Johnsen and the others, sending them back to the Senate for action again.
AAUW monitors the judicial nominations process because so many of our fundamental rights and liberties have been established and are protected by the federal courts. For more information, see our position paper on federal judicial nominations.
- from AAUW's Washington Update for January 8, 2010
The Senate Judiciary Committee has yet to vote out almost two dozen judicial nominees, including nine nominations to federal courts and other key leadership positions in the Department of Justice, CQ Politics reported. Many of these nominations, including Dawn Johnsen for the Office of Legal Council, have been pending on the Senate calendar for months. AAUW will continue to monitor the judicial nominations process and advocate for nominees who are committed to the protection of fundamental civil rights and liberties for which our members have fought for over a century. For more information, see AAUW's position paper on federal judicial nominations.
- from AAUW's Washington Update for December 11, 2009.
The U.S. Supreme Court began their current term this Monday. The Court is expected to hear 55 cases this term, including ones involving the First and Second Amendments, criminal law, and the limits of Congressional power. For more on cases to watch, see the Washington Post. The Associated Press also commented on some of the thousands of cases refused by the Court. For more information, see AAUW's position paper on federal judicial nominations.
- from AAUW's Washington Update for October 9, 2009.
On Tuesday, U.S. Supreme Court Justice Sonia Sotomayor was formally welcomed to the Court in a ceremony attended by President Obama, Vice President Biden, her fellow justices, retired Justice David Souter, and others. According to the Washington Post, Chief Justice John Roberts administered the oath of office to Justice Sotomayor during the ceremony. Last month, Justice Sotomayor became the third woman and first Latina confirmed to the bench. She returned Wednesday to participate in her first hearing as Supreme Court judge, when the Court heard arguments in a case about campaign finance law. The regular Court term will begin in October.
- from AAUW's Washington Update for September 11, 2009.
A federal district judge on Monday ruled to uphold affirmative action admission policies at the University of Texas at Austin, Inside Higher Ed reported. The legal group representing the plaintiff, a white senior high school student who sued the university after being rejected for admission, charged that the university surpassed allowances set by the Supreme Court's Grutter v. Bolllinger decision and vowed to appeal the judge's ruling. The judge, however, stated that the university "has a compelling interest in student body diversity as articulated in Grutter."
AAUW believes that affirmative action programs are necessary to create equal opportunity in higher education and in the professional world. Read our issues page and position paper on affirmative action. This is a great demonstration of the federal court system and why it is important to monitor federal court appointments when looking to protect women's rights. Read our issues page and position paper on federal judicial nominations to better understand AAUW's position on federal courts.
- from AAUW's Washington Update for August 21, 2009.