A report on today's Senate Judiciary hearing on two Obama 4th Circuit nominees

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Senator Cardin presided over the hearing but left Senator Franken in charge toward the end of the hearing.

Senator Cardin introduced the nominees and highlighted biographical information which was very impressive for both Judges, including Judge Wynn's long list of military honors. Senator Sessions attended and griped about previous delays by Democrats of Bush's 4th Circuit nominees years ago.


The nominees


James A. Wynn, Jr., to be United States Circuit Judge for the Fourth Circuit


Albert Diaz, to be United States Circuit Judge for the Fourth Circuit


Judge Wynn made note of his family and also several very high ranking military "friends" who were their in support of him including one Admiral.

Senator Cardin noted that each nominee must have met Obama's empathy test since they were nominated by him and asked them what role it should play. Judge Wynn gave a Sotomayor style I-follow-the-law response but Judge Diaz stated the following: "I do believe that empathy has a role to play in our judicial process but not as a part of the ultimate decision making process." He indicated that empathy is important when being humble as a judge, understanding the consequences of judicial determinations, and facilitating the appearance as well as reality of justice (a point he made a number of times).

Senator Sessions (the only Republican to show up for work) questioned both about the federal sentencing guidelines and made some veiled accusations about their being soft on crime. He was smart enough to not engage them in an intellectual back and forth, give him credit for that.

Senator Franken... First, of all I'd like to note that he always attends every hearing for the committees he is a member of, at least every one that I have watched. Apparently, he is one of those rare Senators that feels it is necessary to show up for work.

Senator Franken questioned both about diversity in that they are both military judges. They both believed that it enriched their experience and Judge Diaz noted that this experience could be helpful given that the 4th Circuit may take more cases related to the military and national security. Judge Diaz agreed with Franken that diversity on the bench would increase public confidence in the judiciary. Judge Wynn noted that the Legislature has the money, the Executive the power to enforce the law, and the Judiciary has neither (highlighting the importance of public confidence). Judge Diaz went so far as to agree with Justice O'Connor in the Michigan affirmative action decisions and again made note of the importance of promoting the appearance of justice, which he said diversity would promote.

http://judiciary.senate.gov/hearings/hearing.cfm?id=4227


Impressive nominees!

Current Composition



Previous posts

Obama's Nominees, Judges Albert Diaz & James Wynn, US 4th Circuit Court of Appeals
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x6929798

Senate Judiciary Committee schedules hearing for 2 Obama 4th Circuit nominees (SCOTUS prospect?)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7192754

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1. Diaz, 48yo, would be the youngest member of the court by about 8 years.

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2. Cardin had to remind Franken that when he left he was in charge

Franken seemed taken back but also gleeful. Who could blame him, what a cool job!