« Courts - Kentucky sex-offender case appealed to U.S. Supreme Court | Main | Law - More on: Dawn Johnsen and two other Assistant AG nominees "rejected" by Senate »

Thursday, December 24, 2009

Law - Dawn Johnsen and two other Assistant AG nominees "rejected" by Senate today [Updated]

I'm not sure what this means. This item posted this morning by Ed O'Keefe the Washington Post, after the Senate adjourned, reports:

If passing health-care reform was the Senate's Christmas present to President Obama, then the confirmation of more than 30 of his nominees might as well serve as stocking stuffers or a year-end treat.

The Senate confirmed more than 30 Obama administration nominees after voting on health-care reform and the debt ceiling, but also referred six nominees back to the White House for reconsideration, including three for the Justice Department. * * *

Though no formal vote was taken, six nominees were "returned to the White House" for reconsideration and possible renomination.

"They ran into opposition," said Jim Manley, a spokesman for Senate Majority Leader Harry Reid (D-Nev.). In addition to three Justice nominees, Senators also referred back two picks for federal judgeships in California and Wisconsin.

Senators also confirmed 10 ambassadorships, several U.S. attorney and U.S. marshals nominees and a few military promotions. * * *

The nominees rejected by the Senate were:

Dawn E. Johnsen: Assistant Attorney General for Office of Legal Counsel

Mary L. Smith: Assistant Attorney General for Tax Division

Christopher H. Schroeder: Assistant Attorney General for Legal Policy

Craig Becker: National Labor Relations Board board member

Edward Chen and Louis Butler, U.S. District Court nominees for California and Wisconsin, respectively, were also returned to the White House.

Ambassadorships confirmed by the Senate on Thursday: * * *

Anne Andrew Slaughter, Costa Rica [ILB - presumably they mean Anne Slaughter Andrew]

Just yesterday the Washington Post had an editorial that concluded:
Perhaps the greatest nominations travesty, however, is the one involving Dawn E. Johnsen's selection to head the Justice Department's influential Office of Legal Counsel. Ms. Johnsen was nominated early in President Obama's term and received a favorable vote from the Judiciary Committee in March. Ms. Johnsen has been blasted by some as too liberal on abortion issues, but abortion would not regularly factor into her DOJ job. Besides, even if it did, the president should be given deference in choosing executive-branch officials who share his views. Ms. Johnsen is highly qualified and should be confirmed. At the very least, senators should have the decency to give her an up-or-down vote.

They should extend the same courtesy to two other highly qualified Justice Department nominees who have been kept in limbo for five and six months, respectively: Christopher H. Schroeder, the president's pick to head the Office of Legal Policy, and Mary L. Smith, tapped to lead the tax division.

[Updated at 3:43 PM] Here is what the blog, Main Justice, says, in an entry headed "Back To the Drawing Board for Embattled DOJ Nominees."
President Barack Obama will need to re-nominate three nominees for top Justice Department posts if he wants the Senate to consider them again.

The Senate approved a unanimous consent request today to hold over several nominees for the second session of the 111th Congress, which begins in January.

But nominees to head three DOJ offices: Dawn Johnsen, for the Office of Legal Counsel, Mary L. Smith, for the Tax Division, and Christopher Schroeder, for the Office of Legal Policy, were returned to the White House before the Senate recessed for the holidays. * * *

Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) had been pushing for the Senate to confirm the nominees before the Senate recessed today.

Posted by Marcia Oddi on December 24, 2009 12:37 PM
Posted to General Law Related