Today, the Senate will finally vote on Luis Felipe Restrepo’s judicial nomination to the U.S. Court of Appeals for the 3rd Circuit. Restrepo has waited for more than 400 days for a confirmation vote, being delayed twice by Republicans in Congress, including Pat Toomey who in a weird case of hypocrisy has been vocal in his support of his nomination.
Toomey’s actions around the nomination process of Restrepo have been both baffling and irresponsible. Toomey failed to turn in his blue slip, a formal approval without which the nomination process cannot move forward, in a timely fashion for Restrepo and four other Pennsylvanian judges that he publicly praised. Meanwhile, courts are becoming overwhelmed. Because of the unheard of delay on the confirmation, the circuit is now facing a judicial emergency, more cases piling up daily.
Senator Toomey is detrimental to Pennsylvania. The only thing Toomey can do effectively is prove he’s too caught up in political games to serve the Keystone State.
Background:
Judge Luis Restrepo
In November 2012, Toomey publicly supported President Obama’s nomination of Judge Luis Restrepo to the Eastern Pennsylvania District Court. Two and a half years later, Toomey promised to take up Restrepo’s nomination in the Senate, but delayed doing so by failing to submit his “blue slip” to advance the nomination. After dodging questions and being blamed for holding up Restrepo’s confirmation, Toomey claimed he was waiting on Restrepo’s background check to come back. When he finally submitted his blue slip, he again argued that it could not have been turned in without the background check, a fact refuted by the fact that Sen. Casey turned his in months before. A hearing was scheduled for his confirmation, but was delayed twice by Senate Judiciary Chairman Grassley and had still not been taken up at the time of this research material’s writing.
NOVEMBER 2012: TOOMEY ANNOUNCED SUPPORT FOR RESTREPO’S NOMINATION TO PENNSYLVANIA’S EASTERN DISTRICT COURT
Toomey Supported The Nomination Of Judge L. Felipe Restrepo To The Eastern District Of Pennsylvania District Court. According to the Philadelphia Inquirer, “This diverse trio of jurists – U.S. Magistrate Judge L. Felipe Restrepo, Common Pleas Court Judge Nitza I. Quiñones Alejandro, and Berks President Judge Jeffrey L. Schmehl – were nominated Tuesday by President Obama to three federal judgeships in Philadelphia. All three, if confirmed by a majority vote of the Senate, will hold lifetime appointment to the U.S. District Court for the Eastern District of Pennsylvania. It pays $174,000 a year. Announced by the White House, the nominees were immediately supported in a joint statement by Pennsylvania’s senators, Democrat Bob Casey and Republican Pat Toomey.” [Philadelphia Inquirer, 11/27/12]
MAY 2015: AFTER TWO AN A HALF YEARS, TOOMEY PROMISED TO TAKE UP RESTREPO’S CONFIRMATION IN THE SENATE…
Toomey’s Spokesperson Said Toomey “Supports Judge Restrepo” And Will “Continue Working For [His] Confirmation And Hopes It Gets Done This Year.” According to Huffington Post, “Aides to Toomey didn’t offer much clarity. His spokesman said only that the senator ‘supports Judge Restrepo’ and will ‘continue working for Judge Restrepo’s confirmation and hopes it gets done this year.’ There’s a particular urgency to Restrepo’s confirmation. In the nearly six months that he’s been waiting for a hearing, the vacancy he would fill has become a ‘judicial emergency.’ That means the number of cases per panel of judges on that court exceeds 700, or is between 500 and 700 for more than 18 months. The more overloaded those judges get, the more delays there are in justice being carried out.” [Huffington Post, 5/5/15]
…BUT DELAYED DOING SO BY FAILING TO TURN IN “BLUE SLIP” ENDORSEMENT FORM TO THE SENATE JUDICIARY CHAIRMAN
Toomey’s Failure To Return An Endorsement For Restrepo Was Seen As A Delay Tactic
HEADLINE: “Pat Toomey Is Blocking His Own Judicial Nominee, For Some Reason.” [Huffington Post, 5/5/15]
Toomey Has Failed To Return A “Blue Slip” Endorsement For Judicial Nominee L. Felipe Restrepo, Delaying Confirmation. According to Roll Call, “The locus of the new fight is L. Felipe Restrepo, chosen by the president six months ago for the U.S. Court of Appeals for the Third Circuit. He’s the only person Obama has picked for eight current vacancies on the regional appeals courts. The seat has been open for 18 months, and as a result, the caseload recently became so backlogged that the Administrative Office of the U.S. Courts declared a ‘judicial emergency’ for appeals out of Pennsylvania, New Jersey and Delaware. […] Adding to the mystery behind the Restrepo delay is the fact that one of the judge’s most important public supporters, Republican Patrick J. Toomey, has not returned the endorsement form (known as a ‘blue slip’) the committee requires from each home state senator before a judicial confirmation process begins. He and Pennsylvania’s other senator, Democrat Bob Casey, jointly recommended Restrepo for the lower court, and last fall Toomey declared ‘he will also make a superb addition to the Third Circuit.’ Toomey’s office declined to discuss the missing blue slip, but spokeswoman E.R. Anderson said Toomey still supports confirmation ‘and hopes it gets done this year.’” [Roll Call, 5/5/15]
- Roll Call Suggested Toomey May Be “Professing His Support In Public… While Withholding His Formal Endorsement Behind The Scenes” To Score Points With Conservatives.According to Roll Call, “The senator is at a politically difficult moment in his career. A favorite of free market and social conservatives, he will stand for a second term in a presidential year in a state that’s voted Democratic for president in six straight elections. So far, at least, Toomey has done little to shift his agenda or his voting record toward the middle ahead of 2016. Professing his support in public for a prominent home state figure — while withholding his formal endorsement behind the scenes for a time as a gesture of solidarity with fellow conservatives — would count as only the slightest feint to the middle.” [Roll Call, 5/5/15]
Due To Long Confirmation Process The Judgeship Restrepo Was Up For Was Designated A “Judicial Emergency”
Daily Kos: The Judgeship Restrepo Was Nominated For Had Become A “Judicial Emergency” During The Time He Had Been Waiting For A Confirmation Hearing. According to the Daily Kos, “It turns out that the vacancy Restrepo would fill has become a judicial emergency in the six months that he’s been waiting for a committee hearing. That means either that each of the judges on the court have more than 700 cases or that they’ve been carrying between 500 and 700 cases for 18 months or longer. Which in turn means justice is not being delivered in a timely manner.” [Daily Kos, 5/6/15]
Carl Tobias, Chair In Law At University of Richmond, Op-Ed: Pennsylvania’s Federal Judiciary Had More Openings Than Any Other State Except Texas. According to an op-ed written by Carl Tobias published in the Pittsburgh Post-Gazette, “Moreover, since 2013, four empty Pennsylvania federal trial court seats have lacked nominees: three of 12 Western District active judgeships and one in the Eastern District. Pennsylvania labors under more openings than any state except Texas. Because these vacancies undermine prompt, economical and fair case resolution, the White House, Pennsylvania’s senators and their colleagues must cooperate to quickly fill the many empty positions.” [Op-Ed – Pittsburgh Post-Gazette, 5/8/15]
Toomey Claimed He Was Not Blocking Restrepo’s Confirmation, But Dodged Questions About Why He Had Not Yet Filed The “Blue Slip”
Toomey “Dodged Questions About Why He Hasn’t Submitted His Blue Slip… Disappear[ing] Into A Senators-Only Elevator In The Capitol.” According to The Pittsburgh Post-Gazette, “Mr. Toomey insists his support for Judge Restrepo hasn’t changed since he and Sen. Bob Casey, D-Pa., first put his name forward for the president’s consideration. He reiterated that support this week but dodged questions about why he hasn’t submitted his blue slip. Instead, he said he was in a rush and disappeared into a senators-only elevator in the Capitol on his way to a caucus luncheon. In a written statement later, his spokeswoman E.R. Anderson said only that her boss supports Judge Restrepo and is confident he will be confirmed by year’s end. ‘The Senate Judiciary Committee’s vetting of judicial nominations is intended to be a confidential process, and Sen. Toomey will respect this process and refrain from further comment while it is still pending,’ she said.” [Pittsburgh Post-Gazette, 5/7/15]
When Questioned About His Blue Slip Delay, Toomey Said “I’ve Got To Run For This Lunch” Before “Disappearing Into An Elevator.” According to Huffington Post, “When asked Tuesday if he’s withholding his blue slip, the Republican senator gave The Huffington Post a confusing answer. ‘No, I’m not. Well, let me explain how that works to you. But I’ve got to run for this lunch,’ he said, walking away quickly. ‘But I support his confirmation.’ Toomey said he didn’t have any new concerns about Restrepo and that he would turn in his blue slip. At some point. ‘I will be submitting it at the appropriate time,’ he said, before disappearing into an elevator.” [Huffington Post, 5/5/15]
Toomey Claimed He Was Not Blocking Restrepo’s Confirmation. According to The Philadelphia Inquirer, “Toomey and his aides have declined to publicly say why the senator has not turned in the blue slip. Toomey said Thursday that he had not delayed Restrepo’s nomination. The Judiciary Committee is reviewing Restrepo’s background and will not hold a confirmation hearing until that process is complete, regardless of the slip, Toomey said. ‘I am supportive of Judge Restrepo, as I have said repeatedly, and I’m also confident that he will be confirmed, certainly this year, hopefully sooner rather than later,’ Toomey said. ‘There is nothing that I could have done at this point that would have Judge Restrepo in any different circumstances.’” [Philadelphia Inquirer, 5/7/15]
Senate Judiciary Chairman Chuck Grasseley Placed Further Blame For The Delay On Toomey, Suggesting The Hearing Would Be Scheduled As Soon As Toomey Submitted The Blue Slip
Judiciary Chairman Grassley Suggested He’ll Schedule A Hearing For Restrepo As Soon As Toomey Gives Him The Go Ahead By Getting “The Blue Slips Returned. According to Huffington Post, “It may be that Toomey’s delays are part of a broader GOP effort to slow walk Obama’s judicial nominees. Republicans have only confirmed two this year, and the sluggish pace appears to be retaliation for Democrats confirming a batch of judicial nominees in the December lame duck. Some Republicans may also be trying to wait until 2016 to fill vacancies, when there may be a Republican in the White House. But the longer judicial vacancies go unfilled, the more it hurts the constituents of those senators not filling the seats. Sen. Chuck Grassley (R Iowa), the chairman of the Judiciary Committee, suggested Tuesday that he’ll schedule a hearing for Restrepo as soon as Toomey gives him the go ahead. ‘When I get the blue slips returned,’ Grassley said on timing.” [Huffington Post, 5/5/15]
HEADLINE: “A Judicial Nominee Waits; Toomey Gets Blamed.” [Philadelphia Inquirer, 5/7/15]
The Pittsburgh Post-Gazette Speculated That Toomey Held Up The Confirmation Over DAPA
Pittsburgh Post-Gazette: Toomey “Is At The Center Of The Delay” Of 3rd Circuit Appeals Court Nominee L. Felipe Restrepo’s Confirmation. According to The Pittsburgh Post-Gazette, “The Senate Judiciary Committee on Wednesday grilled four nominees for federal judgeships, but one Pennsylvania jurist isn’t on the confirmation agenda even though he appears to have wide support. Judge L. Felipe Restrepo, who sits on the U.S. District Court for the Eastern District, was nominated six months ago to the 3rd Circuit Court of Appeals, but his confirmation hearing is being held up, and Sen. Pat Toomey, R-Pa. is at the center of the delay. Mr. Toomey said he strongly supports Judge Restrepo, but he hasn’t formally endorsed by officially signing off on the nomination. On judicial confirmations, the Senate traditionally defers to home-state senators whose signatures on blue slips of paper allow confirmation hearings to move forward.” [Pittsburgh Post-Gazette, 5/7/15]
Pittsburgh Post-Gazette: Toomey Possibly Held Up A Judicial Nominee As Retaliation For President Obama’s Executive Actions On Immigration. According to the Pittsburgh Post-Gazette, “The Senate Judiciary Committee on Wednesday grilled four nominees for federal judgeships, but one Pennsylvania jurist isn’t on the confirmation agenda even though he appears to have wide support. Judge L. Felipe Restrepo, who sits on the U.S. District Court for the Eastern District, was nominated six months ago to the 3rd Circuit Court of Appeals, but his confirmation hearing is being held up, and Sen. Pat Toomey, R-Pa. is at the center of the delay. Mr. Toomey said he strongly supports Judge Restrepo, but he hasn’t formally endorsed by official signing off on the nomination. On judicial confirmations, the Senate traditionally defers to home-state senators whose signatures on blue slips of paper allow confirmation hearings to move forward. Some suggest that Republicans are blocking nominations in retaliation for President Barack Obama’s executive order on immigration or for action by Senate Democratic leaders who pushed through 11 judicial nominees in December just before Republicans took control of the chamber.” [Pittsburgh Post-Gazette, 5/7/15]
The Pittsburgh City Council Even Passed A Resolution Calling On Toomey To Move Forward With The Nomination
The Pittsburgh City Council Passed A Resolution Calling On Toomey To Turn In His Blue Slip And Allow Restrepo’s Confirmation To Proceed. In a resolution passed unanimously, the Pittsburgh City Council wrote, “NOW, THEREFORE, BE IT RESOLVED that the City Council of Pittsburgh supports a strong judiciary, and calls on Pennsylvania Senator Toomey to return the blue slip on Judge Restrepo immediately, ask Senator Grassley to schedule his hearing in order to fill the emergency judicial vacancy on the Third Circuit Court of Appeals, and work to ensure a speedy confirmation before July 1.” [Pittsburgh City Council via Judging The Environment, 5/12/15]
Editorial Criticism
Toomey Had Been “Blasted” By Opponents Who Said He Was Privately Blocking Restrepo While Publicly Delaying Him. According to The Philadelphia Inquirer, “Liberal groups had blasted Toomey in recent weeks, accusing him of privately delaying Restrepo’s confirmation while he publicly praised the judge. But Toomey said he had not slowed the nomination, since the committee was still doing a background check. It would not hold a hearing while that review was ongoing, even if Toomey submitted his slip, he said this month. The check has been completed, a committee spokeswoman said. Republicans on the committee warned that the background check was essential before advancing a nomination for a lifetime spot on the bench. Democrats saw stall tactics intended to hamper President Obama. They noted that Restrepo had cleared a background check before being confirmed for his current post in 2013. Restrepo, a former civil rights lawyer in Philadelphia, would fill a judicial emergency, a designation based on the size of the caseload when there is a vacancy.” [Philadelphia Inquirer, 5/15/15]
Pittsburgh Post-Gazette EDITORIAL HEADLINE: “Unjust Delay: Toomey Is To Blame For A Stalled Nomination.” [Pittsburg Post-Gazette, 5/10/15]
Pittsburgh Post-Gazette To Toomey: “Enough With The Games,” Let Restrepo’s Nomination Go Forward. In an editorial The Pittsburgh Post-Gazette wrote, “In November, Sen. Pat Toomey applauded the nomination of L. Felipe Restrepo to the 3rd Circuit Court of Appeals, saying he would make a ‘superb addition’ to the Philadelphia-based court. Six months later, Mr. Restrepo is not only unconfirmed, but has yet to appear before the Senate Judiciary Committee for an interview, and Mr. Toomey appears to be the reason. […] Last Wednesday, the Senate Judiciary Committee interviewed four other nominees for judgeships. When asked why Mr. Restrepo wasn’t among them, Mr. Toomey said he was too busy to comment. But Roll Call magazine said the judge has not yet come before the committee because Mr. Toomey has not submitted the approval necessary from the home-state senator, the vaunted ‘blue slip.’ Withholding it is a tired ploy that advances no one’s agenda — least of all, the citizens of Pennsylvania. A spokeswoman said Mr. Toomey still supports the judge and hopes for a confirmation ‘this year.’ Enough with the games. The 3rd Circuit needs confirmation this month.” [Pittsburgh Post-Gazette, 5/10/15]
Pittsburgh Post-Gazette Editorial: Toomey Was To Blame For Stalled Judicial Nominee Confirmation. According to an editorial published in the Pittsburgh Post-Gazette, “Toomey is to blame for stalled nomination. […] In November, Sen. Pat Toomey applauded the nomination of L. Felipe Restrepo to the 3rd Circuit Court of Appeals, saying he would make a ‘superb addition’ to the Phildelphia-based court. Six months later, Mr. Restrepo is not only unconfirmed, but has yet to appear before the Senate Judiciary Committee for an interview, and Mr. Toomey appears to be the reason.” [Editorial – Pittsburgh Post-Gazette, 5/10/15]
Pittsburgh Post-Gazette: “Mr. Restrepo… Is Well Qualified For The Post And The 3rd Circuit Needs Him.” In an editorial, the Pittsburgh Post-Gazette wrote, “Mr. Restrepo, a federal judge for the Eastern District of Pennsylvania since 2013, is well qualified for the post and the 3rd Circuit needs him. Its judges hear appeals from three states — Pennsylvania, New Jersey and Delaware — and the district has been declared a ‘judicial emergency’ because of its backlog of cases. The seat for which Mr. Restrepo was nominated by President Barack Obama has been open for 18 months.” [Pittsburgh Post-Gazette, 5/10/15]
Scranton Times-Tribune: “Toomey Should Submit The Blue Slip” For Judge Restrepo And Allow His Nomination To Move Forward. In an editorial The Scranton Times-Tribune wrote, “No one has suggested that U.S. District Judge L. Felipe Restrepo of the Eastern District of Pennsylvania is anything other than highly qualified for a seat on the 3rd Circuit Court of Appeals. Yet, in another testament to the Senate Republican majority’s willingness to use highly qualified nominees as political pawns, Judge Restrepo’s nomination has gone nowhere in the six months since President Obama submitted his name. Under a hoary Senate tradition, judicial nominations typically do not move until both senators from the nominee’s state submit what is known as a ‘blue slip’ to begin the committee hearing process. Sen. Bob Casey, the Scranton Democrat, submitted his blue slip on Judge Restrepo in November. Republican Sen. Pat Toomey, who has said he strongly supports Judge Restrepo, has not submitted a blue slip or an explanation for not doing so. […] Mr. Toomey should submit the blue slip and the Judiciary Committee, which strongly endorsed Judge Restrepo’s ascension to the district bench three years ago, should convene a hearing and move the nomination toward final approval.” [The Scranton Times-Tribune, 5/12/15]
Observer-Reporter: “We Kid You Not. Toomey Is Throwing A Roadblock In Front Of His Own Judicial Choice.” In an editorial Washington Observer-Reporter wrote, “It’s not uncommon for a member of the U.S. Senate to put a temporary block on a judicial nominee over philosophical or political differences. Pennsylvania Republican Sen. Pat Toomey is doing that right now with President Obama’s nomination of Luis Felipe Restrepo to the U.S. Court of Appeals for the 3rd Circuit. And on whose recommendation did the president make this nomination? Why, it was none other than Sen. Pat Toomey. We kid you not. Toomey is throwing a roadblock in front of his own judicial choice.” [Washington Observer-Reporter, 5/13/15]
Observer-Reporter: Toomey “Owes It To The People He Represents” To Either Explain His Block On Restrepo Or “Get Out Of The Way” Instead Of “Engaging In Some Sort Of Political Game.” In an editorial Washington Observer-Reporter wrote, “If Toomey has a legitimate reason for blocking Restrepo’s confirmation, he owes it to the people he represents to make it known. If he’s just engaging in some sort of political game, as seems likely, then he needs to get out of the way and let the confirmation process go forward.” [Washington Observer-Reporter, 5/13/15]
Pittsburgh Post-Gazette Editorial: Toomey Should Work With Bob Casey To Get Judicial Nominees Like Luis Restrepo Confirmed. According to an editorial by the Pittsburgh Post-Gazette, “One casualty of the hostile relations between Democratic President Barack Obama and the Republican-controlled Congress has been the inability — sometimes unwillingess — to approve qualified judicial nominees before they become hostages in unrelated political battles. Pennsylvanians got a taste of that with the case of U.S. Judge Luis Restrepo. His nomination by Mr. Obama to the 3rd U.S. Circuit Court of Appeals languished for eight months until the Senate Judiciary Committee in July moved it in position for a floor vote. […] To get this far, the nominees have already been vetted by a selection committee set up jointly by Pennsylvania’s senators, Republican Pat Toomey and Democrat Bob Casey. Together they should keep any political shenanigans at bay and push the nomination process forward.” [Editorial – Pittsburgh Post-Gazette, 8/10/15]
Toomey, Along With The Judiciary Committee, Claimed That The Delay Was Caused by A Background Check, Not Toomey…
A Spokesperson For The Judiciary Committee Said Toomey May Be Withholding His Blue Slip Until Restrepo’s Background Check Is Finished. According to The Pittsburgh Post-Gazette, “Republicans, though, say Democrats are making hay out of nothing because they want to make Mr. Toomey look bad ahead of his re-election campaign next year. And they say that Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, is holding hearings at the same rate as his Democratic predecessor, Patrick Leahy of Vermont, did during the last two years of President George W. Bush’s term. It isn’t unusual for a senator to hold on to blue slips until the committee has finished vetting a nominee, said Beth Levine, spokeswoman for Mr. Grassley. Very often, she said, senators wait until background investigations are finished in case concerns are found during that process. Waiting ‘can turn out to be an appropriate action because there are sometimes follow-up questions that need to be resolved,’ Ms. Levine said. The investigation is in progress, she said.” [Pittsburgh Post-Gazette, 5/7/15]
Toomey Claimed That Restrepo’s Confirmation Was Delayed By A Background Investigation, Not His Blue Slip. In a The Pittsburgh Post-Gazette op-ed U.S. Sen. Pat Toomey wrote, “The first step to Judge Restrepo’s confirmation to the 3rd Circuit is a thorough background investigation. No hearing or vote goes forward until that investigation is completed. The Senate Judiciary Committee has not yet completed that investigation. That is the reason the committee has not yet held a hearing on Judge Restrepo’s nomination — a fact that could have been easily learned with a call to the committee. I have made it clear to the committee that I plan to turn in my ‘blue slip’ — the formal manifestation of my support for Judge Restrepo — the day that investigation is completed, provided no issues of concern are discovered.” [Pittsburgh Post-Gazette, 5/13/15]
… But It Was Pointed Out The Excuse Did Not Work Because Fellow Pennsylvania Senator Bob Casey Filed His Blue Slip Without Waiting On The Background Check
Huffington Post: Toomey’s Excuse For Withholding His Blue Slip Does Not Make Sense. According to Huffington Post, “Toomey’s reason for not submitting his blue slip doesn’t really work, though. For starters, it wouldn’t interfere at all with the committee’s background review of Restrepo if the senator turned in his blue slip — as Casey did.” [Huffington Post, 5/13/15]
Toomey Fired Back Against The Pittsburgh Post-Gazette, Saying He Was Not Holding Up The Confirmation
Toomey Accused The Pittsburgh Post-Gazette Of Making A “False Assertion That I Am Somehow Delaying The Nomination Of Judge L. Felipe Restrepo.” In a The Pittsburgh Post-Gazette op-ed U.S. Sen. Pat Toomey wrote, “As a senator, I have become accustomed to being criticized for things I have done. But it is a little harder to hear criticism for things that I have not done — specifically, your editorial board’s false assertion that I am somehow delaying the nomination of Judge L. Felipe Restrepo to the 3rd U.S. Circuit Court of Appeals (‘Unjust Delay: Toomey Is to Blame for a Stalled Nomination,’ May 10 editorial). Even worse, your board then ascribed a false motive for the actions that I never took. I fully support the president’s proposal to elevate Judge Restrepo to the 3rd Circuit, just as I supported his confirmation to the federal district court. In 2012, I joined Sen. Bob Casey in asking the White House to nominate Judge Restrepo to the district court, I urged my colleagues to vote for Judge Restrepo and I happily voted for his confirmation.” [Pittsburgh Post-Gazette, 5/13/15]
Toomey: “Judge Restrepo Represents A Long-Standing, Bipartisan Partnership Between Sen. Casey And Me To Fill Vacancies On The Federal Bench In Pennsylvania.” In a The Pittsburgh Post-Gazette op-ed U.S. Sen. Pat Toomey wrote, “Judge Restrepo represents a long-standing, bipartisan partnership between Sen. Casey and me to fill vacancies on the federal bench in Pennsylvania. Indeed, Sen. Casey and I have worked closely together to identify, vet, recommend and confirm 15 judicial candidates for the federal bench in Pennsylvania. Judge Restrepo’s confirmation to the 3rd Circuit will mark 16. Only two states — California and New York — have had more judges confirmed to their federal benches during this time. This is a record of bipartisan accomplishment to be celebrated, not to be misrepresented.” [Pittsburgh Post-Gazette, 5/13/15]
When Toomey Finally Did Turn in His Blue Slip, He Claimed It Was Because The Background Check On Restrepo Was Finished
Toomey Submitted His Approval For PA Judicial Nominee Days After Criticism Of His Potential Hold Up Of The Confirmation Hearing Emerged. According to the Philadelphia Inquirer, “Sen. Pat Toomey (R., Pa.) has given his approval to advance a Philadelphia judge’s nomination to the U.S. Court of Appeals for the Third Circuit, clearing one obstacle for a nominee who critics argued was being stalled over politics. Toomey has submitted his ‘blue slip’ to the Judiciary Committee, giving his blessing to holding a hearing on the nomination of Luis Felipe Restrepo, a federal judge in the Eastern District of Pennsylvania. A spokeswoman for the senator confirmed the move. Liberal groups had blasted Toomey in recent weeks, accusing him of privately delaying Restrepo’s confirmation while he publicly praised the judge. But Toomey said he had not slowed the nomination, since the committee was still doing a background check. It would not hold a hearing while that review was ongoing, even if Toomey submitted his slip, he said this month. The check has been completed, a committee spokeswoman said.” [Philadelphia Inquirer, 5/15/15]
Toomey Claimed He Submitted His Blue Slip Because The Judiciary Committee Finished Its Investigation Of Restrepo. According to The Legal Intelligencer, “Toomey, a Republican, has publicly supported Restrepo’s nomination to the circuit court since President Obama nominated the judge in November, but he hadn’t submitted the so-called ‘blue slip,’ which is part of a Senate procedure established more by tradition than formal rule and holds that a nominee won’t get a hearing in front of the Judiciary Committee until both of the home-state senators return a blue slip giving their OK to the committee chair. […] ‘Toomey submitted the blue slip right after the Judiciary Committee finished its investigation—as he said he would do,’ said his spokeswoman, E.R. Anderson.” [Legal Intelligencer,5/19/15]
A Hearing Was Scheduled For June 10, 2015 And Toomey Went Back To Praising Restrepo…
The Senate Judiciary Committee Scheduled A Hearing On Third Circuit Appeals Court Nominee L. Felipe Restrepo For Wednesday, June 10, 2015. According to The Philadelphia Inquirer, “Philadelphia-based Judge Luis Felipe Restrepo will have a Senate committee hearing Wednesday on his nomination to the U.S. Court of Appeals for the Third Circuit. The hearing before the Senate Judiciary Committee could be a key step in advancing Restrepo’s nomination, which liberal groups and other advocates say has been slowed by political gamesmanship, a charge Republicans have forcefully denied.” [Philadelphia Inquirer, 6/9/15]
June 10, 2015: Toomey Called Judge Restrepo A “Very Well-Qualified Candidate” Who Had An “American Dream Story.” According to the Pittsburgh Post-Gazette, “Sen. Pat Toomey, R-Pa., recently was a target of Democrats after he withheld his ‘blue slip’ — an informal sign-off sheet submitted by home-state senators. Initially Mr. Toomey offered no explanation for not signing off but later said he was waiting for the Judiciary Committee to finish vetting Mr. Restrepo. He submitted his blue slip two weeks ago. Wednesday, he offered vocal support, saying the judge has an ‘American dream story.’ He was born in Colombia, became a citizen in 1993 and rose ‘to the top of his profession by virtue of his hard work, his intellect and his integrity,’ Mr. Toomey said during the hearing. ‘He is a very well-qualified candidate to serve on the 3rd Circuit.’” [Pittsburgh Post-Gazette, 6/11/15]
… But Was Then Delayed Twice More By Sen. Grassley And The Senate Judiciary Committee
June 23, 2015: Chuck Grassley’s Spokeswoman Said Luis Felipe Restrepo’s Confirmation Was Expected To Be Delayed. According to the Legal Intelligencer, “A U.S. Senate Judiciary Committee vote to confirm Judge Luis Felipe Restrepo to the U.S. Court of Appeals for the Third Circuit is likely to be pushed back, once again delaying the already-drawn-out confirmation process. While no official word has been given that a request for a delay has been made by committee members, Beth Levine, spokeswoman for the Judiciary Committee chairman, U.S. Sen. Chuck Grassley, R-Iowa, said in an email that it was safe to assume the confirmation vote for Restrepo will be held over.” [Legal Intelligencer, 6/24/15]
- Toomey’s Spokeswoman Said He Could Not Control The Scheduling Of The Committee’s Votes Because He Was Not A Member Of The Judiciary Committee. According to the Legal Intelligencer, “But Toomey spokeswoman E.R. Anderson said Toomey’s hands are tied because he is not a member of the Judiciary Committee. ‘Toomey wants Restrepo confirmed,’ Anderson said in an email, but cannot control the scheduling of the committee’s votes.” [Legal Intelligencer, 6/24/15]
August 5, 2015: Judge Luis Felipe Restrepo’s Confirmation Delayed By The Senate’s Four-And-A-Half Week Recess. According to the Washington Post, “But as the Senate left town Wednesdaynight for an excellent four-and-a-half-week break of fundraising, vacationing and government-paid trips to find those ever-elusive ‘facts,’ it left nine other judicial nominees twisting at least until September — and their fate is most uncertain even then. […] One nominee for an appeals court seat in Pennsylvania had very strong support from that state’s Republican Sen. Pat Toomey, but also didn’t get a Senate vote.” [Washington Post, 8/6/15]
- 2015: The Senate’s Confirmation Of Five Judges Was The Fewest Judges Confirmed Since 1953, When Nine Judges Were Confirmed. According to the Washington Post,“The Senate has confirmed only five judges so far this year, the fewest judges confirmed since 1953, when nine judges were confirmed, according to a count by the liberal Alliance for Justice. And of those five, three were for courts in Texas and one in Utah, and backed by both their conservative Republican home state senators.” [Washington Post, 8/6/15]
- Of The Five Confirmed, Three Were For Courts In Texas And One Was For Utah. According to the Washington Post,“The Senate has confirmed only five judges so far this year, the fewest judges confirmed since 1953, when nine judges were confirmed, according to a count by the liberal Alliance for Justice. And of those five, three were for courts in Texas and one in Utah, and backed by both their conservative Republican home state senators.” [Washington Post, 8/6/15]
Published: Jan 11, 2016