Biden Cabinet Confirmation Live Thread ***hearings, votes, etc.***

[brucejoel99]

https://twitter.com/SenateCloakroom/status/1408134534856646662

F**king finally!!

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

https://twitter.com/SenateCloakroom/status/1408174261605474304
https://twitter.com/SenateCloakroom/status/1408174317054185477
https://twitter.com/SenateCloakroom/status/1408174366572089346
https://twitter.com/SenateCloakroom/status/1408174409978875917
https://twitter.com/SenateCloakroom/status/1408174503251922957
https://twitter.com/SenateCloakroom/status/1408174560701206533
https://twitter.com/SenateCloakroom/status/1408174606939213828
https://twitter.com/SenateCloakroom/status/1408174642821484545
https://twitter.com/SenateCloakroom/status/1408174689894207497
https://twitter.com/SenateCloakroom/status/1408174729886904330

[politicallefty]

Jackson-Akiwumi confirmed 53-40. Same as before but with the following absences:

Not Voting - 7
Burr (R-NC)
Cramer (R-ND)
Hyde-Smith (R-MS)
Johnson (R-WI)
Marshall (R-KS)
Moran (R-KS)
Tuberville (R-AL)

Biden's second circuit court confirmation and the same 53 votes as Ketanji Brown Jackson. I don't know much about her, but at age 42, she might be on Biden's shortlist for SCOTUS. With those confirmations, both the DC and Seventh Circuits now have full complements. Tiffany Cunningham is likely next (being part of the first tranche of judicial nominations) and would give the Federal Circuit a full complement. She's also an African-American woman (and 45 years old, no less), so it seems like Biden is trying to give himself some choices for any possible SCOTUS vacancy.

Biden and Schumer (and Durbin, as he's both Majority Whip and Chairman of the Senate Judiciary Committee) definitely need to speed things up though. So far, only 2 circuit court and 5 district court confirmations. Hopefully the August recess is either scrapped or at least pared down.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Jackson-Akiwumi confirmed 53-40. Same as before but with the following absences:

Not Voting - 7
Burr (R-NC)
Cramer (R-ND)
Hyde-Smith (R-MS)
Johnson (R-WI)
Marshall (R-KS)
Moran (R-KS)
Tuberville (R-AL)

Biden's second circuit court confirmation and the same 53 votes as Ketanji Brown Jackson. I don't know much about her, but at age 42, she might be on Biden's shortlist for SCOTUS. With those confirmations, both the DC and Seventh Circuits now have full complements. Tiffany Cunningham is likely next (being part of the first tranche of judicial nominations) and would give the Federal Circuit a full complement. She's also an African-American woman (and 45 years old, no less), so it seems like Biden is trying to give himself some choices for any possible SCOTUS vacancy.

Biden and Schumer (and Durbin, as he's both Majority Whip and Chairman of the Senate Judiciary Committee) definitely need to speed things up though. So far, only 2 circuit court and 5 district court confirmations. Hopefully the August recess is either scrapped or at least pared down.

The number is always fairly small in year 1. Biden is ahead of where Trump was at this point, which is what really matters.

[NYDem]

Interesting to see Graham stick to his old voting habits on judges. Dems + Collins + Graham is a bit of an odd route to 52 votes.

[brucejoel99]

Jackson-Akiwumi confirmed 53-40. Same as before but with the following absences:

Not Voting - 7
Burr (R-NC)
Cramer (R-ND)
Hyde-Smith (R-MS)
Johnson (R-WI)
Marshall (R-KS)
Moran (R-KS)
Tuberville (R-AL)

Biden's second circuit court confirmation and the same 53 votes as Ketanji Brown Jackson. I don't know much about her, but at age 42, she might be on Biden's shortlist for SCOTUS. With those confirmations, both the DC and Seventh Circuits now have full complements. Tiffany Cunningham is likely next (being part of the first tranche of judicial nominations) and would give the Federal Circuit a full complement. She's also an African-American woman (and 45 years old, no less), so it seems like Biden is trying to give himself some choices for any possible SCOTUS vacancy.

I'd be very surprised to see Cunningham actually wind up on Biden's eventual SCOTUS shortlist at the end of the day, in that her appointment has seemingly just been a matter of the fact that she's a patent litigator &, thus, uniquely qualified for an appointment to the highly-specialized federal court that hears mostly just patent cases. As much as patent litigators may love to see one of their own finally join the Supremes, I highly doubt that that'll actually be happening anytime soon.

Biden and Schumer (and Durbin, as he's both Majority Whip and Chairman of the Senate Judiciary Committee) definitely need to speed things up though. So far, only 2 circuit court and 5 district court confirmations. Hopefully the August recess is either scrapped or at least pared down.

The number is always fairly small in year 1. Biden is ahead of where Trump was at this point, which is what really matters.

Indeed. They've actually been confirming Biden's judges at a faster first-year rate than any President since Nixon.

Interesting to see Graham stick to his old voting habits on judges. Dems + Collins + Graham is a bit of an odd route to 52 votes.

It's actually not all that surprising, given that he's always believed that the Senate should be deferential to a President's judicial nominees. It's who he is, the Garland & post-election confirmation fiascoes aside (but even in regards to the latter, he - to his credit - finally stopped processing judicial nominees once the Electoral College had formally voted for Biden & Mitch gave the Senate GOP permission to forgo the kabuki theater of Trump being "100% within his rights" to contest it).

[politicallefty]

I'd be very surprised to see Cunningham actually wind up on Biden's eventual SCOTUS shortlist at the end of the day, in that her appointment has seemingly just been a matter of the fact that she's a patent litigator &, thus, uniquely qualified for an appointment to the highly-specialized federal court that hears mostly just patent cases. As much as patent litigators may love to see one of their own finally join the Supremes, I highly doubt that that'll actually be happening anytime soon.

Ah, I wasn't aware of her background, although I suppose I really wasn't considering that she's been nominated to the Federal Circuit. No matter who else comes up, Ketanji Brown Jackson is almost certainly the front-runner for the next SCOTUS vacancy (assuming under President Biden and with a Democratic Majority in the Senate). A nominee like Candace Jackson-Akiwumi would probably make conservatives apoplectic considering her age. Personally, I like that she was a former federal defender, but her lack of a paper trail gives me a little bit of pause. If a vacancy doesn't open up until next year, that could change.

Biden and Schumer (and Durbin, as he's both Majority Whip and Chairman of the Senate Judiciary Committee) definitely need to speed things up though. So far, only 2 circuit court and 5 district court confirmations. Hopefully the August recess is either scrapped or at least pared down.

The number is always fairly small in year 1. Biden is ahead of where Trump was at this point, which is what really matters.

Indeed. They've actually been confirming Biden's judges at a faster first-year rate than any President since Nixon.

They have to move quickly because they're in a hurry. I certainly don't have to reiterate how tenuous this majority is, let alone the midterms next year.

[brucejoel99]

I'd be very surprised to see Cunningham actually wind up on Biden's eventual SCOTUS shortlist at the end of the day, in that her appointment has seemingly just been a matter of the fact that she's a patent litigator &, thus, uniquely qualified for an appointment to the highly-specialized federal court that hears mostly just patent cases. As much as patent litigators may love to see one of their own finally join the Supremes, I highly doubt that that'll actually be happening anytime soon.

Ah, I wasn't aware of her background, although I suppose I really wasn't considering that she's been nominated to the Federal Circuit. No matter who else comes up, Ketanji Brown Jackson is almost certainly the front-runner for the next SCOTUS vacancy (assuming under President Biden and with a Democratic Majority in the Senate). A nominee like Candace Jackson-Akiwumi would probably make conservatives apoplectic considering her age. Personally, I like that she was a former federal defender, but her lack of a paper trail gives me a little bit of pause. If a vacancy doesn't open up until next year, that could change.

I'd actually be very shocked if KBJ is the front-runner for the next vacancy if it opens up in the next few days (which could still very well happen, if Breyer's been duping all of us with his clerks a-la Kennedy this whole time), given that she's only been an appellate judge for a literal week-&-a-1/2. Optics-wise alone, that'd be a headache, if nothing else: even Souter was on the 1st Circuit for 2 months before Poppy Bush tapped him for the Supremes. If I were to hazard a guess, then I'd say that Leondra Kruger is arguably the front-runner if the seat were to open up sometime in the next few days, whereas KBJ is the definite front-runner if the seat opens up either next summer or at any point in time after this summer, really.

[politicallefty]

I'd be very surprised to see Cunningham actually wind up on Biden's eventual SCOTUS shortlist at the end of the day, in that her appointment has seemingly just been a matter of the fact that she's a patent litigator &, thus, uniquely qualified for an appointment to the highly-specialized federal court that hears mostly just patent cases. As much as patent litigators may love to see one of their own finally join the Supremes, I highly doubt that that'll actually be happening anytime soon.

Ah, I wasn't aware of her background, although I suppose I really wasn't considering that she's been nominated to the Federal Circuit. No matter who else comes up, Ketanji Brown Jackson is almost certainly the front-runner for the next SCOTUS vacancy (assuming under President Biden and with a Democratic Majority in the Senate). A nominee like Candace Jackson-Akiwumi would probably make conservatives apoplectic considering her age. Personally, I like that she was a former federal defender, but her lack of a paper trail gives me a little bit of pause. If a vacancy doesn't open up until next year, that could change.

I'd actually be very shocked if KBJ is the front-runner for the next vacancy if it opens up in the next few days (which could still very well happen, if Breyer's been duping all of us with his clerks a-la Kennedy this whole time), given that she's only been an appellate judge for a literal week-&-a-1/2. Optics-wise alone, that'd be a headache, if nothing else: even Souter was on the 1st Circuit for 2 months before Poppy Bush tapped him for the Supremes. If I were to hazard a guess, then I'd say that Leondra Kruger is arguably the front-runner if the seat were to open up sometime in the next few days, whereas KBJ is the definite front-runner if the seat opens up either next summer or at any point in time after this summer, really.

Ooh, for some reason I've been forgetting the state Supreme Courts. It's still a riskier choice considering constitutional issues, although she clerked for Justice Stevens. I think the reason KBJ is probably the front-runner no matter what for Justice Breyer's seat is that she clerked for him. I don't think any Justice or judge is against be replaced by their own clerk upon retirement.

But yeah, with Justice Breyer's retirement increasingly likely to not be this year, President Biden will have plenty of options. If a seat opens up before next June/July, the calculus changes considerably (particularly if it's not Breyer's seat). Either way, Biden has promised a black woman Justice and he will deliver if afforded the opportunity.

[brucejoel99]

I'd be very surprised to see Cunningham actually wind up on Biden's eventual SCOTUS shortlist at the end of the day, in that her appointment has seemingly just been a matter of the fact that she's a patent litigator &, thus, uniquely qualified for an appointment to the highly-specialized federal court that hears mostly just patent cases. As much as patent litigators may love to see one of their own finally join the Supremes, I highly doubt that that'll actually be happening anytime soon.

Ah, I wasn't aware of her background, although I suppose I really wasn't considering that she's been nominated to the Federal Circuit. No matter who else comes up, Ketanji Brown Jackson is almost certainly the front-runner for the next SCOTUS vacancy (assuming under President Biden and with a Democratic Majority in the Senate). A nominee like Candace Jackson-Akiwumi would probably make conservatives apoplectic considering her age. Personally, I like that she was a former federal defender, but her lack of a paper trail gives me a little bit of pause. If a vacancy doesn't open up until next year, that could change.

I'd actually be very shocked if KBJ is the front-runner for the next vacancy if it opens up in the next few days (which could still very well happen, if Breyer's been duping all of us with his clerks a-la Kennedy this whole time), given that she's only been an appellate judge for a literal week-&-a-1/2. Optics-wise alone, that'd be a headache, if nothing else: even Souter was on the 1st Circuit for 2 months before Poppy Bush tapped him for the Supremes. If I were to hazard a guess, then I'd say that Leondra Kruger is arguably the front-runner if the seat were to open up sometime in the next few days, whereas KBJ is the definite front-runner if the seat opens up either next summer or at any point in time after this summer, really.

Ooh, for some reason I've been forgetting the state Supreme Courts. It's still a riskier choice considering constitutional issues, although she clerked for Justice Stevens.

To be fair to her, she's considered one of the best liberal SCOTUS advocates of the modern era, so even though she traded in her federal role in the Solicitor General's office for a state supreme court judgeship, she'd still be great on matters of federal constitutional law. And as you just pointed out yourself, she's also got the Stevens clerkship going for her as well.

I think the reason KBJ is probably the front-runner no matter what for Justice Breyer's seat is that she clerked for him. I don't think any Justice or judge is against be replaced by their own clerk upon retirement.

But yeah, with Justice Breyer's retirement increasingly likely to not be this year, President Biden will have plenty of options. If a seat opens up before next June/July, the calculus changes considerably (particularly if it's not Breyer's seat). Either way, Biden has promised a black woman Justice and he will deliver if afforded the opportunity.

Indeed, not only is this one of the presumed rationales for Justice Breyer's apparent desire to sit it out for another year longer, but Justice Kennedy literally told the Trump White House that he wasn't even gonna retire for them if they didn't replace him with Kavanaugh (or Kethledge, but written accounts remain legitimately disputed as to whether Kennedy said "Replace me with Kavanaugh or I won't retire" or "Replace me with one-of-Kavanaugh/Kethledge or I won't retire").

[politicallefty]

To be fair to her, she's considered one of the best liberal SCOTUS advocates of the modern era, so even though she traded in her federal role in the Solicitor General's office for a state supreme court judgeship, she'd still be great on matters of federal constitutional law. And as you just pointed out yourself, she's also got the Stevens clerkship going for her as well.

All good points. I wasn't really familiar with her entire biography, although Jerry Brown did put some impressive people on the California Supreme Court. The one that made me so happy was Goodwin Liu. President Obama tried to put him on the Ninth Circuit, but it was pre-nuclear option and Republicans blocked him. He eventually withdrew his nomination and shortly thereafter Governor Brown put him on the California Supreme Court. If another seat were to open up after President Biden fulfills his promise, he would be an excellent choice to be elevated to SCOTUS.

Indeed, not only is this one of the presumed rationales for Justice Breyer's apparent desire to sit it out for another year longer, but Justice Kennedy literally told the Trump White House that he wasn't even gonna retire for them if they didn't replace him with Kavanaugh (or Kethledge, but written accounts remain legitimately disputed as to whether Kennedy said "Replace me with Kavanaugh or I won't retire" or "Replace me with one-of-Kavanaugh/Kethledge or I won't be retire").

While it's obvious that Justice Breyer won't retire this year, it wouldn't be true that KBJ wouldn't have some experience. Considering recent retirements, President Biden could have waited a month to announce his pick. Assuming a circuit judge continues working during the nomination process, she could've easily had 3.5 months before taking a seat on the Court. That's only about a month less than Souter had on the First Circuit before taking his seat on the Supreme Court (although he did have more experience in the New Hampshire judiciary).



Also, it's worth mentioning that President Biden announced his fifth tranche of judicial nominations:

Toby J. Heytens - Fourth Circuit
Jennifer Sung - Ninth Circuit

Jane M. Beckering - Western District of Michigan
Patricia Tolliver Giles - Eastern District of Virginia
Shalina D. Kumar - Eastern District of Michigan
Michael S. Nachmanoff - Eastern District of Virginia

He seems to be announcing the district court nominations by region/state. As for the circuit courts, most of the recent vacancies have been Clinton and Obama appointees taking senior status. Two judges of the Second Circuit took senior status this year and have since passed away (a Clinton and a GWB appointee), with illness being the likely reason for their taking senior status.

[brucejoel99]

Indeed, not only is this one of the presumed rationales for Justice Breyer's apparent desire to sit it out for another year longer, but Justice Kennedy literally told the Trump White House that he wasn't even gonna retire for them if they didn't replace him with Kavanaugh (or Kethledge, but written accounts remain legitimately disputed as to whether Kennedy said "Replace me with Kavanaugh or I won't retire" or "Replace me with one-of-Kavanaugh/Kethledge or I won't retire").

While it's obvious that Justice Breyer won't retire this year, it wouldn't be true that KBJ wouldn't have some experience. Considering recent retirements, President Biden could have waited a month to announce his pick. Assuming a circuit judge continues working during the nomination process, she could've easily had 3.5 months before taking a seat on the Court. That's only about a month less than Souter had on the First Circuit before taking his seat on the Supreme Court (although he did have more experience in the New Hampshire judiciary).

Actually, judges don't participate in matters while undergoing confirmation proceedings (e.g., Garland was literally off-the-bench for 10 months back in 2016-17), so had Breyer announced his retirement this past week & Biden waited a month or so to announce KBJ, she would've garnered just a literal month-&-a-half of appellate experience on the D.C. Circuit at best. Except, she wouldn't have, because wouldn't you know it, it turns out - as I just found out myself while trying to look the D.C. Circuit's calendar up - that the D.C. Circuit also takes a summer recess(!), so, except in nominal title, she'd be no more an appellate judge in early-Aug. than she was when she received her commission in mid-Jun. In any event, the D.C. Circuit doesn't reconvene 'til mid-Sept., so if Breyer has truly set his sights on timing his retirement in order to see a KBJ-with-some-appellate-experience-on-her-record succeed him, then said retirement was never gonna happen this summer.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Zeya passes CLOTURE 71-23:

NAYs ---23
Barrasso (R-WY)
Blackburn (R-TN)
Boozman (R-AR)
Cotton (R-AR)
Cramer (R-ND)
Cruz (R-TX)
Daines (R-MT)
Ernst (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Johnson (R-WI)
Kennedy (R-LA)
Lankford (R-OK)
Lee (R-UT)
Lummis (R-WY)
Marshall (R-KS)
Paul (R-KY)
Rubio (R-FL)
Scott (R-FL)
Shelby (R-AL)
Sullivan (R-AK)
Tuberville (R-AL)

Not Voting - 6
Booker (D-NJ)
Braun (R-IN)
Cassidy (R-LA)
Inhofe (R-OK)
Murkowski (R-AK)
Tillis (R-NC)

[brucejoel99]

https://twitter.com/SenateCloakroom/status/1414681431029207040

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

https://twitter.com/SenateCloakroom/status/1408134494104834049?s=20
https://twitter.com/SenateCloakroom/status/1408134534856646662?s=20

Also:

Cal. #121 Samuels to the EEOC
Cal. #120 Nanda to be Sociltor for the Department of Labor
Cal. #171 Liang to be an Undersecretary of the Treasury
Cal. #154 Remy to be Deputy Secretary of Veterans Affairs
Cal. #193 Cunningham to the Federal Circuit

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Zeya confirmed 73-24:

NAYs ---24
Barrasso (R-WY)
Blackburn (R-TN)
Boozman (R-AR)
Cassidy (R-LA)
Cotton (R-AR)
Cramer (R-ND)
Cruz (R-TX)
Daines (R-MT)
Ernst (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Johnson (R-WI)
Kennedy (R-LA)
Lankford (R-OK)
Lee (R-UT)
Lummis (R-WY)
Marshall (R-KS)
Paul (R-KY)
Rubio (R-FL)
Scott (R-FL)
Shelby (R-AL)
Tillis (R-NC)
Tuberville (R-AL)

Not Voting - 3
Braun (R-IN)
Inhofe (R-OK)
Young (R-IN)

Su passes CLOTURE on a 50-47 party line vote

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Su confirmed by the same 50-47 party line vote.

[ηєω ƒяσηтιєя]

Julie Su is confirmed. Finally!

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

https://twitter.com/SenateCloakroom/status/1415065388568698884

 Not Voting - 2
Braun (R-IN)
Young (R-IN)

[😥]

https://twitter.com/SenateCloakroom/status/1415344716820926464?s=19

https://twitter.com/SenateCloakroom/status/1415352500178325504?s=19

[Ferguson97]

https://twitter.com/jbendery/status/1415361667114967042

[MRS DONNA SHALALA]

https://twitter.com/jbendery/status/1415361667114967042

Not really an accurate description of the exchange, but still a very good answer from Perez:

https://twitter.com/Whey_standard/status/1415370172630716421

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

https://twitter.com/SenateCloakroom/status/1415344716820926464?s=19
https://twitter.com/SenateCloakroom/status/1415352500178325504?s=19

Collins, Murkowski, Grassley in favor for Samuels
Collins, Murkowski, Romney in favor for Nanda

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Samuels confirmed 52-47. Changes from CLOTURE:

Grassley: Aye --> No
Graham: No --> Absent

Nanda confirmed 53-46. Change from CLOTURE:

Graham: No --> Absent

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Liang passes CLOTURE 72-27:

 NAYs ---27
Barrasso (R-WY)
Blackburn (R-TN)
Boozman (R-AR)
Braun (R-IN)
Cotton (R-AR)
Cramer (R-ND)
Cruz (R-TX)
Ernst (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Inhofe (R-OK)
Kennedy (R-LA)
Lankford (R-OK)
Lee (R-UT)
Lummis (R-WY)
Marshall (R-KS)
Menendez (D-NJ)
Paul (R-KY)
Rubio (R-FL)
Sasse (R-NE)
Scott (R-FL)
Scott (R-SC)
Shelby (R-AL)
Sullivan (R-AK)
Tillis (R-NC)
Tuberville (R-AL)

Not Voting - 1
Graham (R-SC)

Remy passes CLOTURE 90-8:

 NAYs ---8
Blackburn (R-TN)
Ernst (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Lankford (R-OK)
Scott (R-FL)
Shelby (R-AL)
Wicker (R-MS)

Not Voting - 2
Graham (R-SC)
Johnson (R-WI)