This Week in the Senate: 7/29/2019

This week, the Senate is holding votes on 21 nominations, three joint resolutions, and one bill, and the Judiciary Committee will convene a nominations hearing and an executive business meeting.

Floor Action:
Monday:
  • The Senate will vote at 5:30 pm to override President Trump's vetoes of S.J. Res. 36, 37, and 38, which all relate to congressional disapproval of American arms deals with Saudi Arabia and the United Arab Emirates. Immediately following those three votes will be a cloture vote on the nomination of Greenburg Traurig shareholder Michael T. Liburdi to be a judge of the District of Arizona. Then, there will be a cloture vote on the nomination of Vogel Law Firm partner Peter D. Welte to be a judge of the District of North Dakota.
The rest of the week's schedule is pretty fluid because Republican leadership has outlined a pretty heavy agenda (in the guise of a pre-August recess deal), as follows:
  • Confirm Greenburg Traurig shareholder Michael T. Liburdi to the U.S. District Court for the District of Arizona, in Phoenix. Liburdi is opposed by Democrats for his past affiliation with a pro-life PAC and his work for Gov. Doug Ducey (R-AZ). Liburdi would fill a judicial emergency from 2018.
  • Confirm Vogel Law Firm partner Peter D. Welte to the U.S. District Court for the District of North Dakota, in Fargo. Welte faces some opposition from Democrats due to his opposition to the "Waters of the United States" Rule. Welte would fill a judicial emergency from 2017.
  • Confirm Assistant U.S. Attorney James Wesley Hendrix to the U.S. District Court for the Northern District of Texas, in Lubbock. This nomination is noncontroversial, and as Hendrix is a renomination from the Obama administration, it's likely next to no senators will oppose him. Hendrix would fill a judicial emergency from 2014.
  • Confirm Jackson Walker partner Sean D. Jordan to the U.S. District Court for the Eastern District of Texas, in Plano. Jordan is opposed by Democrats for his work in the Texas Attorney General's office, among other issues. Jordan would fill a judicial emergency from 2015.
  • Confirm Justice Mark T. Pittman of the Second Court of Appeals of Texas to the U.S. District Court for the Northern District of Texas, in Fort Worth. Pittman is opposed by Democrats for his comments on various legal and political issues, ranging from the Neil Gorsuch Supreme Court nomination to the Trump travel ban litigation. Pittman would fill a judicial emergency from 2018.
  • Confirm Justice Jeff Brown of the Supreme Court of Texas to the U.S. District Court for the Southern District of Texas, in Galveston. Brown is opposed by Democrats for his comments on abortion and his votes in various cases he has ruled on as a judge. Brown would fill a judicial emergency from 2018.
  • Confirm Deputy First Assistant Attorney General of Texas Brantley Starr to the U.S. District Court for the Northern District of Texas, in Dallas. Starr is opposed by Democrats for his work in the Texas Attorney General's office, among other issues. Starr would fill a judicial emergency from 2018.
  • Confirm Assistant U.S. Attorney Stephanie L. Haines to the U.S. District Court for the Western District of Pennsylvania, in Johnstown. This nomination is noncontroversial. Haines would fill a vacancy from 2017.
  • Confirm Justice Ada E. Brown of the Fifth Court of Appeals of Texas to the U.S. District Court for the Northern District of Texas, in Dallas. This nomination is relatively noncontroversial. Brown would fill a judicial emergency from 2013.
  • Confirm Nardello & Co. General Counsel Steven D. Grimberg to the U.S. District Court for the Northern District of Georgia, in Atlanta. This nomination is relatively noncontroversial. Grimberg would fill a judicial emergency from 2018.
  • Confirm Prichard Young Of Counsel Jason K. Pulliam to the U.S. District Court for the Western District of Texas, in San Antonio. Pulliam's nomination is controversial, as during his runs for elected judicial office, he was endorsed by organizations opposed to abortion and same-sex marriage. Pulliam would fill a judicial emergency from 2017.
  • Confirm Deputy General Counsel of the Department of the Treasury Martha M. Pacold to the U.S. District Court for the Northern District of Illinois, in Chicago. This nomination is noncontroversial. Pacold would fill a judicial emergency from 2017.
  • Confirm SEC Senior Counsel Steven C. Seeger to the U.S. District Court for the Northern District of Illinois, in Chicago. This nomination is noncontroversial. Seeger would fill a judicial emergency from 2016.
  • Confirm Del Sole Cavanaugh Stroyd partner William Shaw Stickman IV to the U.S. District Court for the Western District of Pennsylvania, in Pittsburgh. Stickman is opposed by Democrats for his past comments on abortion, among other issues. Stickman would fill a vacancy from 2018.
  • Confirm Judge Karin Immergut of the Multnomah County Circuit Court to the U.S. District Court for the District of Oregon, in Portland. This nomination is relatively noncontroversial. Immergut would fill a judicial emergency from 2017.
  • Confirm Judge John Milton Younge of the Philadelphia County Court of Common Pleas to the U.S. District Court for the Eastern District of Pennsylvania, in Philadelphia. Younge is opposed by Republicans for his views on abortion and other issues. Younge would fill a vacancy from 2013. 
  • Confirm Rhode Island Public Defender Mary S. McElroy to the U.S. District Court for the District of Rhode Island, in Providence. This nomination is noncontroversial, and as McElroy is a renomination from the Obama administration, it's likely next to no senators will oppose her. McElroy would fill a vacancy from 2015.
  • Confirm U.S. Magistrate Judge Stephanie A. Gallagher to the U.S. District Court for the District of Maryland, in Baltimore. This nomination is noncontroversial, and as Gallagher is a renomination from the Obama administration, it's likely next to no senators will oppose her. Gallagher would fill a judicial emergency from 2016.
  • Confirm U.S. Magistrate Judge Mary M. Rowland to the U.S. District Court for the Northern District of Illinois, in Chicago. Rowland's nomination is controversial, as prior to becoming a judge, she was a member of the National Lawyers Guild, which in its constitution states its hope that "human rights shall be regarded as more sacred than property interests." Rowland would fill a vacancy from 2018.
  • Pass H.R. 3877, the Bipartisan Budget Act of 2019.
  • Confirm U.S. Ambassador to Canada Kelly Craft's nomination to become U.S. Ambassador to the United Nations.
  • Confirm DOD Comptroller David Norquist's nomination to become Deputy Secretary of Defense.
All of the judicial nominees have cloture motions pending in the order listed, but I expect at least some of the motions will be withdrawn in order to expedite the process. Another possibility: during the consideration of a large nominations package under similar circumstances, cloture motions were withdrawn on the nominees in exchange for about half of the package being confirmed immediately, and half when the Senate returned. This year, Senate Majority Leader Mitch McConnell (R-KY) has struck a bit of a different tone, remarking "not bad for a week’s work and that’s what the Senate will accomplish before we adjourn for August," so all of the nominees might be confirmed this week. The exact floor schedule remains fluid, however.

On Wednesday, the Finance Committee will hold an executive session to vote on, among other things, the nomination of Travis Greaves to the U.S. Tax Court, and the Judiciary Committee will hold a nominations hearing for the following nominees:
District Court:
  1. R. Austin Huffaker, Jr.to be a U.S. District Judge for the Middle District of Alabama
  2. Lee Philip Rudofsky, to be a U.S. District Judge for the Eastern District of Arkansas
  3. Justin Reed Walkerto be a U.S. District Judge for the Western District of Kentucky
Department of Justice:
  1. Kenneth Charles Canterbury, Jr. to be Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives
      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. Halil Suleyman Ozerden, to be a U.S. Circuit Judge for the Fifth Circuit (1)
        District Court / Court of Federal Claims:
        1. David B. Barlowto be a U.S. District Judge for the District of Utah (1)
        2. John Fitzgerald Kness, to be a U.S. District Judge for the Northern District of Illinois (1)
        3. Eleni Maria Roumel, to be a Judge of the United States Court of Federal Claims (1)
        Update # 1 (7/29/2019): Updated floor schedule and list of nominees at Wednesday's hearing.
        Update # 2 (7/30/2019): Added Finance Committee hearing.
        Update # 3 (7/31/2019): Judicial nominations will not be considered at business meeting.

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