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U.S. Sen. Pat Toomey’s attempt at a defense of his record on judicial appointments (“By putting aside partisanship in Pa., we’ve succeeded in filling federal judicial vacancies”) fails to tell the full story.

Sen. Toomey makes the point that confirming judges “is a time-consuming process,” but doesn’t mention that nominees he supposedly supports have suffered needless delay due in large part to him and his colleagues. Take Third Circuit nominee Judge Luis Felipe Restrepo as an example; it is going to take Restrepo more than a year to be confirmed (a vote is scheduled for Jan. 11). As reported in numerous stories, it was Toomey who allowed Judiciary Committee Chairman Chuck Grassley to delay Restrepo’s confirmation hearing for seven months, and it was Toomey who then allowed Majority Leader Mitch McConnell to delay Restrepo’s floor vote for another six months. Restrepo should have been confirmed months ago, and the only reason he wasn’t is the very political gamesmanship Toomey implies he avoids.

Sen. Toomey’s work on confirming judges is not over. He makes no mention of the other Third Circuit vacancy, a seat formerly held by Judge Marjorie Rendell that has been vacant for months. With a year left in office, there is plenty of time for President Barack Obama to appoint Judge Rendell’s replacement.

In 2008, President George W. Bush’s last year in office, Bush nominated a Fourth Circuit judge in March who was confirmed in May.

Toomey should be working with U.S. Sen. Robert Casey and the White House to promptly name a nominee for this important vacancy and make sure they get through the nomination process in 2016.

John Neurohr

Co-chairman

Why Courts Matter – PA Coalition

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