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 Wilkins, a District Court judge in Washington who in 2010 was
confirmed by the Senate on a voice vote, was nominated to fill one
of three vacancies on the U.S. Court of Appeals for the District of
Columbia Circuit. He is the third straight nominee to the powerful
court that Republicans have stopped from being seated.
The Senate voted 53-38 in favor of ending Republican-led delays,
falling short of the 60 votes required to advance Wilkins'
nomination. Republican Sens. Lisa Murkowski of Alaska and Susan
Collins of Maine voted with Democrats to end debate.
The Court of Appeals for the District of Columbia is often referred
to as the second most powerful court in the country, after the
Supreme Court. Informally known as the D.C. circuit, the court's
influence stems from its caseload — it rules on administration
orders and regulations — and because some of its judges become
Supreme Court justices. The D.C. circuit currently has eight active
judges evenly divided between Democratic and Republican nominees.
Obama called Monday's vote "completely unprecedented" obstruction.
"Four of my predecessor's six nominees to the D.C. Circuit were
confirmed," Obama said in a statement. "Four of my five nominees to
this court have been obstructed. When it comes to judicial
nominations, I am fulfilling my constitutional responsibility, but
Congress is not."
Blocking Wilkins nomination prompted immediate calls from some
Democrats to change Senate rules to make it harder for the minority
party to block nominations. Several said they had grown frustrated
by GOP efforts to stop Obama's nominees.
On the Senate floor, Judiciary Committee Chairman Patrick Leahy,
D-Vt., said blocking nominees like Wilkins could inspire Democrats
to consider limiting debate on Obama's nominations.
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"This kind of delay for the sake of delay, this kind of treating
this president different from other presidents, that is why there's
momentum toward a change in our rules," Leahy said.
And after the vote, two Democratic senators, Ben Cardin of Maryland
and Sheldon Whitehouse of Rhode Island, joined House members of the
Congressional Black Caucus and said they would support changes to
Senate rules.
In late October, Republicans blocked attorney Patricia Millet's
nomination to fill a vacancy on the D.C. circuit court and earlier
this month, the GOP blocked Georgetown law professor Cornelia Pillard from filling another vacancy on the court.
Seating judges to the D.C. circuit has proven particularly
problematic for Obama. Republicans blocked his first nominee to the
court, Caitlin Halligan, who eventually withdrew her nomination. Sri
Srinivasan was confirmed to the court earlier this year, but
Republicans vowed to block any further nominees to the court, saying
it had too light a caseload.
Obama responded in June by nominating Millet, Pillard and Wilkins.
Republicans accused Democrats of wasting the Senate's time.
"The fact of the matter is that the D.C. circuit is underworked,"
said Iowa Sen. Charles Grassley, the senior Republican on the
Judiciary Committee.
[Associated
Press; HENRY C. JACKSON]
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