Another day, another extremely well-qualified woman being blocked from an appointment to the federal judiciary by Republicans. Actually, the vote on Cornelia "Nina" Pillard's nomination to the D.C. Circuit won't be held until late Tuesday afternoon, but the outcome is certain. Republicans have promised to block all nominees to the D.C. Circuit, and
they'll certainly do so today.
Pillard is a Georgetown University law professor and a magna cum laude graduate from Harvard Law School who has argued and filed briefs on dozens of cases that have come before the Supreme Court. She is also unabashedly feminist and pro-choice and supports access to contraception and comprehensive sexual education. As a result, she's attracting a wave of attacks from Republicans, who are waging a battle to make sure she never gets to join the conservative-dominated court. [...]
If Pillard's confirmation is blocked by Republicans, it will be because they can't handle an openly feminist, pro-choice federal judge—or because, as Reid has pointed out, they arestonewalling all of the Obama administration's nominees, no matter their background. Obama has nominated two others to the DC Circuit, one of whom has already been filibustered by Republicans. "While Senate Republicans are blocking President Obama's nominees to this vital court, they were happy to confirm several judges to the DC Circuit when Presidents Reagan and Bush were in office…Pillard is incredibly qualified and dedicated," Reid said.
At least one conservative legal scholar agrees: "I know well Professor Pillard's intellect, integrity, and temperament…I know her to be a straight shooter when it comes to the law and legal interpretation," wrote Viet D. Dinh, who served as the assistant attorney general for legal policy under President George W. Bush. "I am confident that she would approach the judicial task of applying law to facts in a fair and meticulous manner."
Ah, but it's not about her qualifications, her intellect or integrity or temperament. It's about keeping this court conservative just in case (as Sen. Mark Kirk
let out of the bag) another Obamacare challenge reaches the court. It's also about keeping a pro-choice feminist who is smart and effective and committed to the Constitution out of the federal judiciary and away from a potential nomination to the Supreme Court, because the D.C. Circuit has been the jumping off place for many justices (including Chief Justice John Roberts).
When Republicans vote to reject Pillard's nomination (as they did Patricia Millet and promise to do for his third nominee, Robert Wilkins), Senate Majority Leader Harry Reid will cast a "no" vote on cloture, a procedural trick which will allow him to bring this nomination back to the floor. Because this won't be the end of the judicial nomination fight. With each of these votes by Republicans to obstruct, Reid is building a case with his Democratic caucus to stop the filibuster.