Dec 2 (Reuters) - Senate majority leader Harry Reid has
scheduled a cloture vote next week on the nomination of Caitlin
Halligan to the District of Columbia Circuit Court of Appeals,
setting up a likely showdown on the controversial nominee.
On Thursday night, Reid scheduled the vote, which would
formally end debate on Halligan's nomination, for Tuesday, Dec.
6. The Obama administration needs sixty votes for cloture, a
difficult hurdle because it would require seven Republicans to
cross party lines.
Earlier this year, the nomination of Goodwin Liu to the 9th
Circuit Court of Appeals, was effectively blocked after
Democrats couldn't achieve cloture. Liu was later confirmed as
a justice on the California Supreme Court.
Legal observers see Halligan as a key nominee for President
Obama, who has struggled to get federal judicial nominees
appointed. In George W. Bush's first term, the Senate confirmed
about 200 of his nominees. Obama has had about 120 nominees
confirmed so far, and the confirmation rate is likely to slow
over the next year in the run-up to the election.
Nominations to the D.C. Circuit are often subject to higher
scrutiny because the court, which handles major political,
regulatory and financial cases, has traditionally been a
breeding ground for Supreme Court Justices. Four of the Court's
current members -- Chief Justice John Roberts Jr. and Justices
Antonin Scalia, Clarence Thomas, and Ruth Bader Ginsburg --
came from the D.C. Circuit.
"I expect a fairly close vote," said Carl Tobias, a
professor at the University of Richmond School of Law. "It's
the potential for any D.C. Circuit nominee to go the Supreme
Court -- that's why they get the most scrutiny."
OPPOSED BY NRA
Halligan, who is currently general counsel for the New York
District Attorney's office, was nominated by Obama in September
2010. She previously served as New York state's solicitor
general, a partner at Weil, Gotshal & Manges, and a clerk to
Supreme Court Justice Stephen G. Breyer.
Halligan has been supported by liberal-leaning groups such
as the National Women's Law Center, which is advocating for
more women on the bench, and opposed by conservative-leaning
groups such as the National Rifle Association, which cited her
representation of New York State in litigation against gun
manufacturers.
The Republican National Lawyers Association has also come
out against her nomination, claiming that she made inconsistent
statements about her judicial philosophy. In Senate testimony,
the association says, Halligan wasn't candid about her views on
the Constitution as a "living document."
In an indication of the difficulty Halligan's nomination is
likely to face, the Senate Judiciary Committee -- which
unanimously approves an overwhelming majority of judicial
nominees -- only narrowly approved her nomination last March by
a 10-8 vote.
(Reporting by Carlyn Kolker)
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