WASHINGTON — Senate Democrats announced Thursday that they will begin treating every remaining judicial nominee from Lumpy-Dumb-Dumb's lame-duck push the same way federal law treats a handgun purchase.
The proposal, introduced as the Judicial Cooling-Off and Oversight Act, would impose a 90-day waiting period on all federal court confirmations scheduled after Thanksgiving. The outgoing majority has promised to confirm 23 judges before January 3. Democrats say the new rule is about public safety, though none could explain what danger the public faces from a 52-year-old bankruptcy lawyer with a signed photo of the Federalist Society.
"This is not about blocking qualified lawyers," said Senator Maria Delgado, who drafted the measure. "It is about making the process equally inconvenient for every American who has ever stood in a Bass Pro Shops."
The waiting period would require each nominee to submit a fingerprint card, two forms of valid identification, and a signed note from a third-grade teacher. The Senate Judiciary Committee would also impose a seven-day cooling-off period for any nominee with a prior record of overturning precedent. That provision applies to 19 of the 23 names now pending.
Republican leaders called the move a dangerous delay. The outgoing majority has already confirmed 57 of the administration's judges since January. That is part of the 290 federal judges installed during the current president's two terms. Democrats note that these same leaders once argued a 72-hour waiting period for buying a rifle was an unacceptable burden on freedom.
The Senate can confirm a lifetime judge in less time than it takes to get a security clearance for a part-time DMV clerk.
Under the new rules, no confirmation vote could begin until the nominee completed an in-person interview at a field office located at least 40 miles from the nearest airport. A committee aide said the travel rule was designed to ensure nominees remain in good physical condition. "Serving on the federal bench is grueling," the aide said. "If you cannot walk from a long-term parking lot, you cannot write a dissent."
Several nominees have already raised concerns. One candidate, a state appeals court judge from Missouri, asked whether a concealed-carry permit could serve as one of the two forms of identification. The committee chair replied with a form email. The form email explained that a concealed-carry permit is not a judicial qualification, although the committee would still count it as a character reference.
The act also requires nominees to submit a notarized list of every small claims case they have ever lost. The Judiciary Committee has mailed each pending nominee a 14-page form requesting three character references, a statement of judicial temperament, and a photograph that does not include a gavel.
