Habeas Corpus Blog

Habeas Corpus - Carney Update

Small update on the Carney nomination.  It appears that Carney has submitted her responses to the post-hearing questions.  You can find them here.  She apparently was asked to answer some questions from two Republican Senators, Sessions and Coburn.

Nothing habeas-related in there, except for some unexpected questions about the Cruel and Unusual Punishment Clause.  It's pretty random. 

Most of the questions focus on current Republican buzzwords, like "empathy" and "gun rights."  These questions and answers say far more about the odd Republican obsessions than they do about whether Carney should be a Second Circuit judge.

Habeas Corpus - Carney Update, Finally, Sort Of

Today, the Connecticut Law Tribune had an article about Susan Carney's hearing.  It is the first article that I have seen about the hearing in awhile.  And it provides an update, sort of: 

Carney now goes through a period in which committee members can submit written questions for her to answer in writing, before a possible vote by the full Senate at an undetermined time

That's a new one to me.  That sentence makes it sound as if this is an inevitable step after the hearing.  But I don't think it is.  I think questions like these are usually asked before the hearing.  I guess this can happen afterwards, if the Senators want clarification on an answer given at the hearing.  But I don't think that happens every time.

Or maybe I got this all wrong and something like this is typical.  But I don't remember this happening after the Chin, Lynch, or Lohier hearings.  Ah, Lohier.  Wonder if he is ever going to get a vote?

In any event, looks like it is going to be a long time before we see Carney confirmed.

Habeas Corpus - Chatigny Supporter

Last Thursday, the Judiciary Committee held votes on four of the five nominees that were re-nominated after the Republicans had previously sent them back to the president.  The one nominee for whom no vote was held?  You guessed it -- Chatigny.

According to this article, the committee "adjourned" before they took up his nomination.  If I had to guess, that's just political mumbo jumbo.  That obviously was intentional, probably due to some Republican action.  Or Democratic weakness.

I have to admit, all of this is pretty annoying.  I went from not caring about whether this nomination went through to caring that it did go through because I hate, really hate, how he has been treated.

So it was refreshing to read this post discussing how Judge Newman, former chief judge of the Second Circuit, has publicly come out in support of Chatigny.  It's highly unusual for that to happen, but it's not completely surprising as Chatigny once clerked for Newman.

The issue came up since Senator Specter mentioned that he had heard from Newman about Chatigny.  The post quotes from a judicial ethics expert (yes, those exist), who says that, while there's a risk that it could pull Newman into the partisan b.s., there's nothing inappropriate about it.

To me, I don't see any real ethical/appropriateness issue.  He is Chatigny's mentor.  Of course he should be allowed to say something.  And I really appreciate this paragraph:

Newman said he thinks the criticism has been unfair. He did not hear the Ross case on the 2nd Circuit, but he said he’s familiar with it and thinks Chatigny was right to order an additional hearing to consider Ross’ competence. “I think the criticism is understandable because of how terrible Michael Ross was, but as a legal matter, as an issue of the qualifications of a judge, I think the matter reflects favorably on the judge,” Newman said.

I am sure it's too little, too late.

Still waiting on the vote on Carney . . .

Habeas Corpus - No Update on Carney, Lohier and Chatigny

Just a quick post to say that I have been scanning the internets, but I haven't found any movement on any of these three nominations.  I would think that the committee would have voted on Carney by now, but I haven't found anything.  I am guessing Chatigny's hearing has been delayed, again, but I just haven't seen anything to confirm that.  And who knows what is happening with the Lohier nomination.

As soon as I learn anything, I'll provide an update

Habeas Corpus - Carney Hearing - UPDATED

As far as I can tell, the Judiciary Committee held its hearing for Carney yesterday. 

Oddly, I have been unable to find much about it on the internets.  The one thing I could find was Senator Dodd's nice introduction of her.  His website reports that the introduction happened yesterday. 

To note, the introduction discussed her impressive legal background but, as I have previously noted, there does not appear to be any criminal law/habeas experience in her background (except for potentially when she clerked back in the 70's -- a different era in both habeas and federal criminal law).

Once I learn about the vote, I'll be sure to add a link.

UPDATE: Here's an article about the hearing.  Looks like the Republicans gave her a hard time about her lack of courtroom/litigation experience.  There was definitely an issue out there about this.  But considering that the Democrats still have the majority on the committee, I am sure the nomination will be sent to the floor.  When I learn the committee's final vote, I'll provide a link.

Habeas Corpus - News on Chatigny

Looks like the Democrats may actually try to get the nomination through.

According to this article, the Judiciary Committee has scheduled a hearing on Chatigny's re-nomination for Thursday.  According to the article, that will probably get postponed a week by the Republicans.  Beyond that, I am not sure.

But the article indicates that, even if Chatigny gets through committee for a second time, the Democrats will need 60 votes to get the nomination to the floor.  Currently, the Democrats only have 59, and it seems more than likely that that number will go down after the November elections.  So whatever chance this nomination has, it looks like it would be before November.  Seems pretty tough.

And, now that there will be a hearing, let's see how the right reacts.  Can they rev up the moral indignation to an even higher level than before?  Looking forward to seeing what happens.

Habeas Corpus - Obama Has Re-Nominated Chatigny

According to this White House press release, Obama has sent Judge Chatigny's name back to the Senate for confirmation.  He also appears to have sent Goodwin Liu's name as well.

There was some question as to whether Obama would re-submit those names.  I guess Obama has decided to "dig in" on his judicial nominees.  At least, that's the unbiased opinion of Fox news.

Here's a good recap of the entire Chatigny nomination story entitled "Judge Chatigny, Part Two."  I don't get the feeling from the recap that Chatigny has any chance of getting confirmed. 

With the Carney hearing tomorrow and the re-nomination of Chatigny, what's to become of the Lohier nomination?  Last we saw, he passed through the committee back in May.  Obviously, the full Senate has not voted.  I did read one random article that said that Lohier was sent back to the president when the Republicans sent back Chatigny, but I was never able to confirm that.  I am guessing it wasn't, or else it would have been re-submitted along with Chatigny's name.  At least, I have no reason to believe that it wouldn't be.  So he seems to be in Senate purgatory.  Hopefully, the full Senate will vote on him soon.  Since I included a photo of Carney the other day, I thought I'd include pictures of Lohier and Chatigny.

Lohier:

 

Chatigny:

Habeas Corpus - Carney Nomination - Updated

Been awhile on the confirmation front, but Second Circuit nominee Susan Carney (update - I'd thought I'd add her photo below) is finally going to get her day before the Judiciary Committee.  The hearing will be this Wednesday, Sept. 15, at 2:30 p.m.  I am guessing it will be pretty uneventful.

Habeas Corpus - Chatigny Nomination In Hiatus

According to this article, the Republicans in the Senate "derailed" Chatigny's nomination.

The Republicans invoked some kind of a procedural rule that removed the nomination from the Senate and returned it to the White House.  This puts the ball in Obama's court (I guess the one he recently shared with LeBron and Wade).  If the nomination is to go forward, Obama will need to renominate him after the summer recess.

The article makes it seem like it is a certainty that this will occur.  Who knows if that's the case.  Hasn't Obama heard that this nomination will lead to the downfall of civilization? 

Actually, in that regard, the article predicts that this will now give the Republicans more time to build up opposition to the nomination.  And, if the Republicans do well in November, they will have a better environment to make a show of opposing the nomination. 

I haven't found any updates on the Lohier and Carney nominations, except that it appears that they were not sent back to the President.

Habeas Corpus - Update on Nominees

According to this post, there has been no movement on any of the pending nominations to the Second Circuit.  I wrote out a whole rant about it, but decided not to post it.  Instead, I think I'll just send you over to the Senate record itself so you can get a picture of what's going on with the nominees.