Sen. Charles Schumer

  • April 25, 2012

    by Jeremy Leaming

    Arizona’s racial profiling law, which has prompted other states to enact or consider similar measures, appears to have a strong chance of surviving Supreme Court scrutiny.

    Following oral argument in Arizona v. United States, Adam Liptak, high court correspondent for The New York Times, wrote that justices “across the ideological spectrum appeared inclined to uphold a controversial part,” of the law, and Robert Barnes, of The Washington Post, said the Court “seemed receptive” to the state’s argument that its racial profiling law “was a valid exercise of its power to protect its borders.”

    SCOTUSblog’s Lyle Denniston reports that the justices “focused tightly on the actual operation of the four specific provisions of the law at issue, and most of the Court seemed prepared to accept that Arizona police would act in measured ways as they arrest and detain individuals they think might be in the U.S. illegally.”

    Reporting for TPM, Sahil Kapur said that while it appeared “some aspects” of Arizona’s law might survive, “no clear majority emerged one way or another.” Kapur noted that several of the justices appeared to wrestle “with how far states can go in writing immigration laws before they encroach on what is widely regarded as federal turf.”

    Although it appeared, as Denniston noted, the justices were confident that Arizona police would act reasonably in enforcing the law, an account from a longtime Arizona citizen suggests the reality of enforcement holds otherwise.

    In a piece for The Guardian Jim Shee, an American citizen of Chinese and Spanish descent writes of his encounters with Arizona police after enactment of S.B. 1070.

    Shee tells of two incidents where Arizona cops stopped him and demanded documentation of his citizenship, calling them “humiliating and terrifying.”

    His wife, a Japanese-American “faces the specter of the same police scrutiny,” he writes. “The law invites police to rely on their racial bias when deciding who to stop, so our skin color means we’re more likely to be targeted. Like most Americans, I never carried around my passport. Now, my wife and I always take ours when we leave the house.”

    Shee concludes, in part, that the “days when laws were passed that led to discrimination should be confined to their history classes.”

    Sen. Charles Schumer (D-N.Y.) during a Senate hearing yesterday on Arizona’s anti-immigrant law said that he and other senators may introduce legislation aimed at barring the states from creating a patchwork of immigration laws.

  • December 15, 2011

    by Jeremy Leaming

    Attorney General Eric Holder, earlier this week, signaled he is ready to challenge the efforts some states are taking to limit voting. Holder, in his speech at the LBJ presidential library, said states should take action to encourage more voters, not create barriers to participation in democracy.  

    “In 1965, when President Johnson signed the landmark Voting Rights Act into law, he proclaimed that, ‘the right to vote is the basic right, without which all others are meaningless,’” Holder said.

    “Since January,” Holder continued, “more than a dozen states have advanced new voting measures. Some of these new laws are currently under review by the Justice Department, based on our obligations under the Voting Rights Act. Texas and South Carolina, for example, have enacted laws establishing new photo identification requirements that we’re reviewing. We are also examining a number of changes that Florida has made to its electoral process, including changes to the procedures governing third-party voter registration organizations, as well as changes to early voting procedure, including the number of days in the early voting period.”

    Michael Waldman, executive director of the Brennan Center for Justice, lauded Holder’s comments, saying, “We hope the Justice Department will enforce the law and protect the voting rights of all Americans in its assessment of new voting laws.” The Center’s “Voting Law Changes in 2012,” report released earlier this fall says the new restrictions could bar more than 5 million Americans from participating in next year’s elections.

    Efforts by federal lawmakers to look into the onerous voting regulations picked up earlier this fall, when Reps. John Conyers Jr., Jerrold Nadler and House Democratic Whip Steny H. Hoyer urged congressional hearings into the laws and sent letters to state officials calling on them to oppose “new state measures adopted over the last year that would make it harder for eligible voters to register or vote.”

    Sens. Ben Cardin (D-Md.) and Charles Schumer (D-N.Y.) this week joined the effort to counter the states’ restrictive voting measures, which have been pushed largely by Republican state lawmakers to dampen voter turnout of minorities. The senators introduced a bill this week that would “create tough new criminal and civil penalties for those who create and distribute false and deceptive voting information and campaign literature,” a press release issued from Cardin’s office states.

  • December 8, 2011

    by Jeremy Leaming

    Republican senators, in brazen fashion, stepped up their obstructionism of the administration’s nominees this week. First, Republicans successfully blocked an up-or-down vote on one of the president’s judicial nominees, and now they’ve scuttled his selection to head the Consumer Financial Protection Bureau.

    The Senate voted 53-45 to invoke cloture, falling short of the 60 votes needed to force an up-or-down vote on the nomination of former Ohio Attorney General Richard Cordray (pictured) to head the agency, created to crack down on corporate malfeasance, and as The New York Times reports, “one of the administration’s main responses to the financial crisis.”

    Republicans have attacked the Bureau, whose creation was advocated by Harvard University professor and now Senate candidate Elizabeth Warren, since its inception, demanding significant changes to the agency, which would effectively hobble its oversight authority.

    Sen. Sherrod Brown (D-Ohio), The Huffington Post reports, blasted Republicans for their ongoing efforts to protect Wall Street power. Brown said his Republican colleagues are “almost always flacking for Wall Street. It never ceases to amaze me.”

    In comments at the White House, President Obama slammed Republican-led obstructionism, and suggested he may use a recess appointment to put Cordray to work, The Washington Post reports.

    Obama said, "We are not giving up on this. We will not allow politics as usual on Capitol Hill to stand in the way of American consumers being protected from unscrupulous operators."

    The president also knocked senators for denying "well-qualified" judicial nominees up-or-down votes.

    Taking to the Senate floor to push for Cordray's nomination, Sen. Al Franken (D-Minn.) lauded Cordray for “looking out for the middle class. He’s looking out for homeowners who have been scammed by mortgage servicers. He’s looking out for pensioners who’ve lost their pensions at the hands of Wall Street recklessness.”

    TPM reports that Democrats are making a “public issue out of the GOP’s vow to hamstring the agency,” noting that Sen. Charles Schumer (D-N.Y.) has “hinted at a recess appointment. Obama, Schumer said, should do ‘everything within his power to get Cordray on board.’”

    On Tuesday, Republicans successfully blocked the president’s nomination of Caitlin Halligan to the U.S. Court of Appeals for D.C. Circuit. ACS President Caroline Fredrickson blasted that action as “ushering in an unfortunate era of unprecedented obstructionism.”

  • July 18, 2011

    by Jeremy Leaming

    The Senate after a typically slow process confirmed J. Paul Oetken as a U.S. District Judge for the Southern District of New York. Oetken is the first openly gay man to be confirmed to a seat on the federal bench.

    Oetken, a lawyer who has practiced in the private and public sectors, including time in the Clinton administration’s White House Counsel’s Office, was reported favorably by the Senate Judiciary Committee more than three months ago, a fact Sen. Judiciary Chairman Patrick Leahy lamented today.

    Leahy said Oetken (pictured) should have been confirmed quickly after his vote out of the Senate Judiciary Committee. “Yet,” he said, “like so many of President Obama’s qualified, consensus nominees, Mr. Oetken has been stuck without cause or explanation for months on the Senate’s Executive Calendar.”

    But Senate Republicans are not interested in budging from their obstinate stance against Obama’s judicial selections.

    Leahy noted, “Federal judicial vacancies around the country still number too many, and they have persisted for too long. Whereas the Democratic majority in the Senate reduced vacancies from 110 to 60 in President Bush’s first two years, judicial vacancies still number 91 two and a half years into President Obama’s term.”

    The president’s efforts to diversify the federal bench are especially drawing Republican opposition, some have noted. For example, Wisconsin’s newest senator, Ron Johnson, has continued to block University of Wisconsin law professor Victoria Nourse’s nomination to the U.S. Court of Appeals for the Seventh Circuit. Her father-in-law, nationally recognized federal appeals court Judge Richard Cudahy addressed Nourse’s situation during the ACS 2011 National Convention, saying that the Senate is mired in politics and leaving the bench’s oldest judges to carry the heaviest burden among the federal judiciary, which, as Sen. Leahy noted, is beset with too many vacancies.

    Despite the fraught judicial confirmations process,  D’Arcy Kemnitz, executive director of the National LGBT Bar Association, noted the president’s efforts to diversify the judiciary.

    “Further hopes to diversify the bench are still in process,” she said. “Alison Nathan, a former associate White House counsel and openly gay woman, was also nominated to the U.S. District Court of Southern New York by President Obama in March. Her nomination was approved by the Senate Judiciary Committee last week, and will now be moved to the Senate to be voted on in the near future.”

    Sen. Charles Schumer lauded the confirmation, saying, “Oetken is the first openly gay man to be confirmed as a federal judge and to serve on the federal bench, he will be a symbol of how much, we have achieved as a country in just the last few decades. And importantly, he will give hope to many talented young lawyers, who until now, thought their paths might be limited because of their sexual orientation,” towleroad reports.

    For more information about the president's efforts to fill court vacancies, see JudicialNominations.org.

  • April 15, 2010
    Democratic Senators increasingly are seeking to assert their muscle and gain swifter confirmation of President Obama's judicial nominees in the face of Republican delays, a report in Politico details.

    "Twenty-two nominations, 22 highly qualified nominees are languishing on the Senate floor because we haven't been able to reach time agreements with the Senate Republicans," Judiciary Committee Chair Patrick Leahy said. "Many of these were voted out of committee unanimously [with] every Republican, every Democrat supporting the nominee."

    "We are going to stay in as long as it takes, even if it means nights, weekends, to get these nominees through," Sen. Chuck Schumer warned at a press conference this week. "Because it's just unpardonable, unexplainable, only the worst of motivations that's holding these judges up."

    At an oversight hearing before the Judiciary Committee this week, Attorney General Eric Holder urged more expeditious consideration of nominees, speaking specifically about law enforcement nominees delayed in the Senate.