This Week in the Senate: 3/4/2019

This week, the Senate is holding votes on four nominations, and the Judiciary Committee will convene a nominations hearing and a business meeting.

Floor Action:
Monday:
  • The Senate will vote at 5:30 pm to invoke cloture on the nomination of Williams & Connolly partner Allison Jones Rushing to be a judge of the Fourth Circuit. Because Rushing is quite young compared to the typical circuit court nominee, and has a prior affiliation with the Alliance Defending Freedom, the vote will likely be along party lines. 
Tuesday:
  • The Senate will vote to confirm Rushing and invoke cloture on the nomination of Principal Deputy Assistant Attorney General for the Civil Division Chad Readler to fill a 6th Circuit vacancy in Ohio. Readler does not have a blue slip returned from Sen. Sherrod Brown (D-OH), and he also was an instrumental figure in the recent litigation relating to the Affordable Care Act's constitutionality, so his vote will be on party-lines, with possible defections from Sens. Susan Collins (R-ME) and Lisa Murkowski (R-AK) due to the healthcare lawsuit. 
Wednesday:
  • The Senate will vote to confirm Readler and invoke cloture on the nomination of former Solicitor General of Ohio Eric Murphy to another 6th Circuit vacancy. Murphy's participation in Husted v. A Philip Randolph Institute and Obergefell v. Hodges, among other cases, brought him opposition from Sen. Brown and likely the rest of the Senate Democratic Caucus as well. 
Thursday:
  • The Senate will vote to confirm Murphy and will also vote to invoke cloture on and confirm the nomination of former Rep. John Fleming (R-LA), to be an Assistant Secretary of Commerce. The vote on the Fleming nomination signifies that he is likely out of contention for his state's governorship later this year.
On Tuesday, the Judiciary Committee will hold a nominations hearing on a few judicial nominees. The panels will likely include Munger, Tolles & Olson partner Daniel Collins and Jenner & Block partner Kenneth Lee, both for the Ninth Circuit, and Jackson Walker partner Sean Jordan for the Eastern District of Texas, Justice Mark Pittman for the Northern District of Texas, and Judge Matthew McFarland for the Southern District of Ohio. Neither Collins nor Lee have support from their home-state senators, so expect sparks to fly at this hearing.

On Thursday, the Judiciary Committee will hold an executive session to vote on and/or hold over the following nominations (the number in the parentheses appearing after the nominee's name signifies whether this is the first or second time appearing on the agenda; first-time appearances are typically held over and nominees appearing for the second time usually receive votes):

Court of Appeals:
  1. Joseph Bianco, to be a U.S. Circuit Judge for the Second Circuit (2)
  2. Michael H. Park, to be a U.S. Circuit Judge for the Second Circuit (2)
District Court:
  1. Greg G. Guidryto be a U.S. District Judge for the Eastern District of Louisiana (2)
  2. Michael T. Liburdito be a U.S. District Judge for the District of Arizona (2)
  3. Peter D. Welteto be a U.S. District Judge for the District of North Dakota (2)
Department of Justice:
  1.  None announced
The Senate could consider the reported Rules Committee resolution changing postcloture time rules this week, but a vote has not been scheduled.

Update # 1 (3/10/2019): Corrected the list of nominees present at the nominations hearing on Tuesday.
Update # 2 (3/10/2019): Linked to executive business meeting.

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