Tuesday, July 27, 2010

Marshall: Burr behind holds on two N.C. judges

Democratic Senate nominee Elaine Marshall, the N.C. Secretary of State, is taking it to incumbent Republican U.S. Sen. Richard Burr, accusing him of placing a secret hold on the nomination of two N.C. judges for the 4th U.S. Circuit Court of Appeals and casting Burr as the heir to the late Sen. Jesse Helms' legacy of race-baiting.

Burr’s spokesman David Ward said there’s not only nothing to her charge, but said the senator “strongly supports” the nominations of the two N.C. judges.

In a blogpost you can reach by clicking here Marshall says Burr is behind the Senate delay in voting on Court of Appeals Judge Jim Wynn and N.C. business court Judge Albert Diaz, who were approved by the Senate Judiciary Committee in January for judgeships on the federal court in Richmond.

On the blog, Marshall says, "One of our judges who has passed the Judiciary Committee who cannot get a vote was also held up by Jesse Helms. A talented judge, this is now the second time he’s been nominated by the Fourth Circuit. He’s an African American judge, highly, highly qualified. And Richard Burr has the same hold on him that Jesse Helms had on him. North Carolina has got to put these vestiges behind them. Richard Burr, while he’s said wonderful things about Judge Wynn, presenting him and all that kind of stuff, he’s behind the curtain holding him up. [...]

"One of them is Hispanic, one of them is African American. They both have military background. They both have strong judicial careers. They really don’t have valid enemies for reasons that anyone would talk about in the hearing. There are these subtle enemies, these subtle forces, the legacy of Jesse Helms, that are holding them back. So, I’m very unhappy about that."

Marshall offers no proof of her assertion about Burr, and his spokesman David Ward says it’s “patently false.” He said, “Sen. Burr does not have a hold on Judge Wynn or Judge Diaz. He strongly supports both judges and does not have any sort of hold on them. He has supported them throughout this process and looks forward to a vote on them.”

Senate Majority Leader Harry Reid has tried to schedule a vote by unanimous consent, and so has Sen. Kay Hagan, D-N.C. Sen. Patrick Leahy, D-Vermont, issued a statement last week about the delays and attributed them to Republican resistance, citing Senate Minority Leader Mitch McConnell: "There are more than 20 judicial nominations pending on the Senate calendar, including 12 which were reported by the Committee unanimously. Last week, McConnell objected to a consent request to schedule debate and votes on the nominations of James Wynn and Albert Diaz to seats on the Fourth Circuit Court of Appeals. Both nominations were reported by the Judiciary Committee in January. Wynn’s nomination was reported unanimously; Diaz’s nomination was reported by a vote of 18-1."

“President Obama has not made nominations opposed by home state Senators but has instead reached out and worked with home state Senators from both parties. He has by and large nominated well qualified moderates,” said Leahy. “The Senate Republican leadership is holding up consideration of nominees reported unanimously from the Judiciary Committee for weeks and months for no reason. Just last week, after a needless three month delay, the Senate confirmed a judge for the Northern District of Illinois unanimously. That is more evidence of the pattern of stall and obstruct.”


Anonymous said...

Hagen is a democratic politican piece of scum and has a short memory. It's political payback time since Terrance Boyle's federal appellate nomination from 2001 to 2007 is the longest in history not to be acted upon by the United States Senate. His nomination was adamantly opposed by Democrats from the beginning. Former North Carolina Democrat and Vice Presidential candidate John Edwards and scumbag, led the dumbocratic opposition on Boyle's nomination.

Anonymous said...

Have any of our so called "fair and independent journalists" in the state ever considered that the reason Wynn hasn't been appointed is that he's liberal?

Very typical of the liberal elite to use race baiting as the answer all the time. This is what the democrats are using nationwide to pander to drum up support and Marshall is no different. She is a favorite of the lunatic left and I don't even think can go any more left.

Good for Burr to challenge appointments to the federal bench (for life may I remind you) who are liberal and wish to legislate from the bench rather than work from our Constitution.

And furthermore, just because Burr and Helms, God rest his soul, don't agree with a black liberal doesn't make them racist. Burr doesn't and Helms didn't agree with liberal white judges either.

John said...

Ms. Marshall,

Put up or shut up.

Offer PROOF or stop slinging mud.

Anonymous said...

I didn't know that it was a sin to be "liberal". Jesse Helms, bless his heart, taught you good. I imagine you think that the Roberts court isn't legislating from the bench. Dream on.

Anonymous said...

Marxshall is trying to create something out of nothing, as democrackkks do. NC democrackkks are nothing short of CRIMINALS who NEED TO BE OUTLAWED for ALL their 150+ years of dereliction in NC!
Dont EVER vote for another one, and let's OUTLAW their sorry a**es!
Keep them OUT of Charlotte in 2012!

Anonymous said...

@Anon 2:12

Judge Wynn has been elected by the people of North Carolina more times than Richard Burr.

The people of North Carolina consider Judge Wynn good enough to sit on the bench as recently as 2008 -- and multiple times before that.

If he's liberal, then the people of NC must love some liberal judges.

Or, your analysis is wrong.

I think we know the answer.

Anonymous said...

The problem here is that Burr has endorsed these two candidates earlier this year, so Marshall's accusations that he is racist are flat-out asinine.

She is broke. She has to result to shock-tactics to keep her head above water. The problem is that loonies like the sheep at ThinkProgress actually fall for this stuff. Lies.

Anonymous said...

Hagan is not the one placing the hold. If it's a "senator from the home state" it has to be Burr. He's a liar and coward anyway. Instructing his wife to take all their money out of the banks during the melt down. Real patriot there.

Anonymous said...

Judge Wynn won because of this stupid system of not labeling the judges either Republican or Democrat. When that WAS in place, the Republicans actually were winning so the Dems changed the rules.

If North Carolinians knew the judicial philosophy of Wynn I dare say that he would have struggled to win statwide.

Typically liberals, always whining with emotion and devoid of the facts!

Anonymous said...

Elaine, go back to the kitchen and make me some lunch!! Evidently you have nothing else constuctive to do.