SMRs and AMRs

Wednesday, April 03, 2013

Obama seeks to shift conservative tilt of key court

By Juliet Eilperin, WashPost, Published: April 2

President Obama has pressed senators from both parties in recent weeks to confirm a new federal judge for one of the country’s most powerful courts, using an aggressive strategy to campaign for a judicial nominee whom White House officials consider a potentially crucial figure in boosting the president’s second-term agenda.

The effort reflects a new White House effort to tilt in its favor the conservative-dominated U.S. Court of Appeals for the District of Columbia Circuit, which is one notch below the Supreme Court and considers many challenges to executive actions.

The push to win approval for Sri Srinivasan, the principal deputy solicitor general, has taken on greater urgency because Obama was forced late last month to withdraw his initial nominee to fill one of the court’s vacancies, New York City prosecutor Caitlin Halligan, in the face of a Republican filibuster.

Giving liberals a greater say on the D.C. Circuit is important for Obama as he looks for ways to circumvent the Republican-led House and a polarized Senate on a number of policy fronts through executive order and other administrative procedures.

The D.C. Circuit, with four Republican and three Democratic appointees, has four vacancies. It proved an obstacle for Obama during his first term — blocking proposed rules, for instance, to curb interstate air pollution and enhance cigarette labeling. The court also has put on hold dozens of cases relating to rules on workers’ rights, and it has challenged the president’s authority to name recess appointees.

(More here.)

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