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Daily Brew: April 8, 2019

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April 8, 2019

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Today's Brew highlights a change in Senate procedure that will affect certain federal judicial nominations + the governor of South Dakota appoints a new supreme court justice  
The Daily Brew

Welcome to the Monday, April 8 Brew. Here’s what’s in store for you as you start your day:

  1. From 30 hours to 2—what you need to know about last week’s nuclear option change in the U.S. Senate
  2. South Dakota governor makes first appointment to state supreme court
  3. Maryland state House speaker dies

From 30 hours to 2—what you need to know about last week’s nuclear option change in the U.S. Senate

Last week Republican leaders in the Senate used a procedural tactic known as the nuclear option to change the process for confirming certain judicial and executive branch nominees. This is the third time the procedural tactic has been used since 2013. On Friday we published a detailed explainer. I enjoyed seeing our staff put together that content and wanted to share that with you again this morning. Aside from the partisan mudslinging, what are the facts about this change? Here are five things you need to know:

  1. Senate Republicans used the nuclear option to shorten the amount of time that can be spent debating judicial nominees after cloture has been invoked from 30 hours to two hours. The change covers district court nominees and does not apply to circuit court or Supreme Court nominees. Federal district courts are the first level of the federal court system, while the circuit courts and the Supreme Court generally handle appeals from district courts.

  2. This was the third time the Senate has changed Senate precedent using the nuclear option since 2013. In the other two instances, the Senate worked to reduce the cloture threshold for all presidential nominees, including Supreme Court nominees, from 60 votes to 51 votes.

  3. Judge Roy Altman was the first judge confirmed under the new post-cloture debate rules. He will serve as a District Court judge in Florida.

  4. The Senate has confirmed 54 of Trump’s district court nominees so far. Fifty-six more await confirmation, including 39 who only need a vote in the full Senate. Thirty-one of the 39 were nominated more than six months ago.

  5. Political scientist Tony Madonna told Ballotpedia that the maximum period between invoking cloture on a judicial nominee and confirming that nominee will likely be reduced under the new precedent. He said the likely effects of the debate changes on the federal judiciary vacancy rate are unclear because much of the delay comes during the executive branch’s vetting process.

Click the link below to read more about this story, including background, reactions from lawmakers, and the effect this change may have on the federal judiciary. And subscribe to our Bold Justice newsletter for more information on the confirmation of federal judges and what is happening in the world of federal courts.

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South Dakota governor makes first appointment to state supreme court

On Thursday, Governor Kristi Noem (R) appointed Patricia DeVaney to the South Dakota Supreme Court. Noem selected DeVaney to succeed Justice Steven Zinter, who died on October 30, 2018. DeVaney was Noem's first appointment to the five-member court.

Under South Dakota law, state supreme court justices are appointed by the governor from a list provided by the South Dakota Judicial Qualifications Commission.

The South Dakota Judicial Qualifications Commission is composed of seven members—two circuit court judges elected by judicial conference, three attorneys appointed by a majority of the state bar, and two citizens appointed by the governor. The attorneys must not all be from the same political party. Likewise, the governor cannot appoint individuals to the commission from the same political party.

Newly appointed justices serve for at least three years, after which they must run in a yes-no retention election during a regularly scheduled general election. Subsequent terms last eight years.

With DeVaney’s appointment, all five judges on the South Dakota Supreme Court were originally appointed by Republican governors. The next retention election takes place in November 2020 for Justice Steven Jensen, who was appointed to the state Supreme Court in 2017 by Gov. Dennis Daugaard (R).

In 2019, there have been 11 supreme court vacancies across seven of the 29 states where replacement justices are appointed instead of elected. Of those 11 vacancies, eight are in states where a Republican governor appoints the replacement. Two vacancies occurred in a state where a Democratic governor fills vacancies, while another occurred in a state where a Republican-controlled legislature appoints replacements.

Maryland state House speaker dies

Mike Busch (D), the speaker of the Maryland House of Delegates, died yesterday. Busch was first elected to the state House in 1986 and was re-elected nine times, including in 2018. He became state House speaker in 2003 and was the longest serving speaker in Maryland history.

Maryland Gov. Larry Hogan (R) issued a statement about Busch’s passing which included the following, “This is a profoundly sad day for Maryland. Mike Busch was a giant in our government—the longest serving Speaker in our state’s history. He cared deeply about improving the lives of Marylanders, and his legacy is evident in his many legislative achievements. Speaker Busch and I came from different sides of the aisle, but we often came together in the best interests of the people of Maryland.”

Vacancies in the Maryland legislature are filled by the governor who has 30 days to make an appointment based on the recommendations of the political party committee of the person that previously held the seat. The person appointed by Gov. Hogan will serve the remainder of Busch’s term, until 2023.


See also

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