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.”
