WASHINGTON — A Maine judge’s nomination to the federal bench was scuttled in a deal that will allow for speedier Senate consideration of other picks that will bring President Joe Biden within striking distance of the confirmations during President-elect Donald Trump’s first term.
Currently, the number of judges confirmed under Biden totals 221, just short of Trump’s 234. Republicans forced procedural votes this week and late-night sessions as Senate Majority Leader Chuck Schumer, D-New York, attempted to get more of Biden’s nominees confirmed before Congress adjourns and Republicans take control of the chamber in January.
A Senate Democratic leadership aide said Thursday a time agreement had been reached to allow for consideration of seven district court judges the week following Thanksgiving. Plus, another six district judges would be placed on the Senate executive calendar, making it possible for them to be considered on the Senate floor in December.
Excluded from that list were four circuit judge nominations awaiting a floor vote, including Judge Julia Lipez of the Maine Superior Court. Biden picked her in June to the Boston-based Court of Appeals for the 1st Circuit. Schumer’s office said that Lipez and the other circuit court nominees lacked the support to be confirmed.
The confirmation battles over circuit court judges are generally hard fights given their role in hearing appeals from district courts and often having the last word on legal matters. Lipez’s father, Kermit Lipez, is a semi-retired judge on the court his daughter was picked for.
But the younger Lipez ran into opposition from Senate Republicans during her confirmation process for what they saw as light sentences in cases that revolved around sexual abuse of a child and an infant death. The judge noted her support from the Maine Coalition to End Domestic Violence and the Maine Coalition Against Sexual Assault.
U.S. Sen. Angus King, an independent who caucuses with Democrats, introduced Lipez at her hearing and said he had “never seen a stronger candidate for a judicial position.” But Republican Sen. Susan Collins was silent on the nomination, and Schumer’s move indicated that there may have been Democratic opponents.
Liberal groups in recent weeks have been pressuring Senate Democrats to do what it takes to get all of Biden’s judicial nominees confirmed before Trump takes office again. Some expressed disappointment with the deal. Russ Feingold, a former Democratic senator and now president of the American Constitution Society, called the deal “extremely frustrating.”
“All public officials need to be prepared to fight against the extremism that will come when Trump returns to office and retreating in advance is a dangerous precedent to set,” Feingold said.
Schumer has dedicated much of the Senate schedule to getting Biden’s judicial nominees confirmed. He called it a basic responsibility of the Senate.
“We’ll take that responsibility very seriously between now and the end of the year,” Schumer said on the Senate floor.
Story by Kevin Freking. BDN writer Michael Shepherd contributed to this report.
