The federal bench, more and more, determines the policy of federal and state government. So it is an indication of conflict over the direction of our nation that President Obama appointed Caitlin Halligan, who is General Council of the District Attorney’s Office in the City of New York, to the post of judge on the Court of Appeals for the District of Columbia. Republicans in the Senate, however, blocked that appointed by preventing cloture.
Halligan, who had been Solicitor General for Elliot Spitzer, the disgraced former Governor of New York, had engaged in the sort of legal advocacy that placed her on the extreme of American politics. Among the activist cases that she supported were these: Pro-life groups that are engaged in opposing abortions are guilty of extortion; colleges are proper in using race as a criteria for admitting students; illegal immigrants should be allowed back pay for labor disputes in our country; the Environmental Protection Agency has the authority to use the Clean Air Act to regulate the so-called “Greenhouse Gases”; and gun manufacturers may be sued for crimes committed with the weapons they made.
Although President Obama said that he was “deeply disappointed” in what he described as Republican obstructionism, in fact in the vote for cloture in the Senate, which requires 60 votes, Obama could muster only 54 votes, and the President could not even get every member of his own political party to support a procedural measure like cloture.
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