Colorado’s two U.S. senators appear to be in another political standoff over the selection of three judicial nominees to serve on the federal bench.
The White House has nominated private attorney Gregory Goldberg, University of Colorado managing senior associate counsel Christine Arguello and prosecutor Phillip Brimmer for three U.S. District Court openings in Denver.
Sen. Wayne Allard — who recommended all three nominees — has signed and returned “blue slips” to the Senate Judiciary Committee for Goldberg and Brimmer, but not for Arguello. A blue slip is an endorsement of a nominee that is sent to the committee from a home-state senator.
Sen. Ken Salazar signed blue slips for Goldberg and Arguello.
The failure of the senators to reach consensus creates the possibility that Colorado’s overworked federal bench will get just one of the three judges that all involved agree are needed.
Salazar says he won’t endorse Brimmer because he was not selected by a bipartisan judicial-nomination advisory panel that Salazar assembled.
Of the three nominees, Brimmer is rated highest — “well qualified” — by the American Bar Association. Arguello and Goldberg received a “qualified” rating from the ABA, the next step down.
“It would be an outrage if the one judicial nominee with an ‘outstanding’ rating from the ABA is left out of the hearing process for political purposes,” Allard wrote in a statement. “Phil Brimmer has not only received the highest rating the ABA can give, but professional praise from the Colorado legal community — Republicans and Democrats alike.”
Democrats who have praised Brimmer include Gov. Bill Ritter and Denver District Attorney Mitch Morrissey.
Former Republican state Sen. Norma Anderson, who served on Salazar’s panel, said she thought the eight members were fair in their deliberations. But, she noted, winnowing a field of more than 40 qualified candidates to nine names presented to Salazar was hard work. From those nine, Salazar chose three.
As for why Brimmer was not included among the nine, Anderson said she can recall no specific objection from any of the panelists. His name just did not emerge in the discussions that produced a consensus.
“I, frankly, don’t remember why he was left off,” Anderson said. “If the list had been 12 names, he probably would have been on it.”
But, she said, Salazar never tried to influence the panel. “Never. He talked to us and thanked us for serving, but he never tried to suggest anything.”
While Allard criticized Salazar for not signing off on Brimmer, Colorado’s retiring senior senator has — intentionally or not — held up Arguello’s hearing process by not signing her blue slip, even though he signed off on Goldberg and Brimmer months ago.
Allard says he is working directly with Judiciary Committee chairman Patrick Leahy and ranking member Sen. Arlen Specter to obtain a confirmation hearing for all three nominees.
Allard’s spokesman, Steve Wymer, denied that the senator is withholding Arguello’s blue slip until all three candidates — including Brimmer — are assured a hearing. “At this point, he is not blocking anyone; he is just focusing on getting a hearing on all three candidates,” Wymer said.
Arguello’s blue slip could be signed in “a matter of seconds,” Wymer said.
“I am not sure why the timing is that way (on Arguello),” Wymer said. All I can tell you is where we are at now. The senator is clearly supportive of Ms. Arguello. We are looking at getting a hearing on all three. We are not holding anyone back.”
Carl Tobias, a law professor at the University of Richmond in Virginia who follows the judicial-selection process closely, said it appears Allard is holding Arguello hostage in order to get the hearing he wants.
“That might be his strategy, even though he is not admitting it — to get everything he possibly can before this administration is over,” Tobias said.
The Judiciary Committee is in session for only the next three weeks. “Unless it gets scheduled right away, it won’t happen,” Tobias said.
