Bipartisan Senate Confirms First Latino Philadelphia Judge for Third Circuit Appeals Court
The U.S. Senate confirmed Latino Judge Luis Felipe Restrepo to serve the Third Circuit Court of Appeals on Monday, after more than a year passed since President Barack Obama nominated the Colombian.
The Vote
With the 82-6 vote on Monday evening, Restrepo becomes the second Latino judge ever to serve on the Third Circuit and the first one from Pennsylvania. Twelve senators, however, did not vote, including two of the three Latino senators -- Republicans Marco Rubio of Florida and Ted Cruz of Texas; the other Latino senator, Democrat Bob Menendez of New Jersey, voted in favor of Restrepo.
"It is great news for Pennsylvania that Judge Restrepo will soon serve our nation on the Third Circuit Court of Appeals," said Sen. Patrick Toomey, R-Penn., in a statement. "I am pleased Judge Restrepo was confirmed by a bipartisan vote. As both a federal magistrate and district judge, Judge Restrepo has served the people of Pennsylvania honorably and with distinction and will continue to do so ... and I believe that he will also make a superb addition to the Third Circuit based in Philadelphia."
"Judge Restrepo's story is the American Dream," said Sen. Bob Casey, D-Penn. "He came to this country from Columbia as an immigrant, graduated from law school and then became a highly respected lawyer, Federal magistrate, and U.S. District Court Judge. I appreciated working with Senator Toomey to recommend Judge Restrepo to the White House for a seat on the bench in the Eastern District of Pennsylvania and then for the Third Circuit Court of Appeals. I look forward to continue working in a bipartisan fashion to recommend highly qualified candidates for the federal bench to the White House."
The Long Wait
It was November 2014 when Obama nominated Restrepo, along with attorney Kara Farnandez Stoll. Before senators are allowed to vote on judicial nominees, the nominees require approval from the Senate Judiciary Committee. In April, the Judiciary Committee approved Farnandez Stoll, which allowed Senate Majority Leader Mitch McConnell, R-Ky., to schedule her full Senate confirmation vote. On July 7, the Senate unanimously approved Farnandez Stoll's nomination, with 95-0, to become the first Latina to serve on the Federal Court of Appeals. Coincidentally, Cruz and Rubio were not present, and therefore did not vote, for her nomination. Restrepo, however, had a lengthier wait for his date with the Judiciary Committee.
Toomey was first criticized for delaying the Judiciary Committee vote. Toomey had praised Obama's nomination of Restrepo last November, but he waited several months to send his approval to the Judiciary Committee. Toomey said he was waiting until the Judiciary Committee completed its background check on Restrepo -- even though the Colombian also received a background check in 2013 during his nomination process to serve on the District Court for the Eastern District of Pennsylvania.
In July, the Judiciary Committee unanimously approved Restrepo, more than half a year after Obama nominated him and despite the "emergency vacant seat" label on the Court of Appeals for the Third Circuit. The focus then shifted towards McConnell to schedule Restrepo's confirmation vote. As months went by, McConnell was urged by lawmakers and advocacy groups to schedule the vote, but a decision didn't come until December, more than a year since Obama nominated Restrepo.
As Latin Post reported, the Senate "reached an agreement" on Dec. 9, 2015, to consider Restrepo's nomination for Jan. 11, 2016.
"There is no defensible reason why the GOP made Judge Restrepo, an experienced, consensus nominee with strong support of both Pennsylvania senators, wait 14 months for a confirmation vote to fill a vacancy that the U.S. Courts designated a judicial emergency," said Carl Tobias, law professor at the University of Richmond, to Latin Post. "
On Jan. 11, shortly after 5:30 p.m. EST, Restrepo received overwhelming bipartisan support to become a judge on the Third Circuit Court of Appeals. Tobias told Latin Post that Restrepo's confirmation will finally help address the Third Circuit's growing caseload.
More Latinos on Hold
Restrepo was not the only Latino awaiting Senate confirmation. Armando Bonilla still waits to become the first Latino to serve the U.S. Court of Federal Claims; John Michael Vazquez waits for his confirmation vote to the District of New Jersey; and Dax Eric Lopez was nominated for the Northern District of Georgia, where he would be the first Latino appointed to a lifetime judicial position in the state.
"The GOP Senate majority managed to allow votes on only 11 nominees over all of 2015, the fewest in one year since 1960," said Tobias. "There also is no reason why Obama has not nominated someone for Judge [Marjorie] Rendell's Third Circuit vacancy, which arose on July 1 when she assumed senior status and is also an emergency."
"I am cautiously optimistic that the confirmation pace might pick up soon, but it is a presidential election year when the process slows and halts as the election nears," Tobias added.
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