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Senate blocking Xenia native court nominee with filibuster

Filibuster against Xenia native puts agreement at risk.

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By Jessica Wehrman and Jack Torry
Washington Bureau 12:06 AM Monday, December 12, 2011

WASHINGTON — A Xenia native’s nomination to the D.C. Circuit Court is being held up because of a Senate filibuster.

Caitlin Halligan, born and raised in Xenia, previously served as Solicitor General of New York State and law clerk for United States Supreme Court Justice Stephen Breyer. Her nomination did not get the 60 votes needed to proceed to an up-or-down vote in the Senate last week.

Before the vote, Sen. Chuck Schumer, D-N.Y., warned that if Republicans blocked her nomination, it would risk upsetting an agreement made six years ago by the so-called “Gang of 14,” to give the benefit of the doubt to qualified judicial nominees.

Former Sen. Mike DeWine, R-Ohio, was a member of that group, which set the standard that opposition to judicial nominations should only occur in cases of “extraordinary circumstances” such as ethical lapses, character problems or a lack of qualifications for a seat on the bench.

“The approach taken by Senate Republicans will have lasting consequences beyond this one nomination. It seems to me that a vote against this nominee could well be a vote to declare the Gang of 14 agreement null and void,” Schumer said.

Among those who voted against Halligan’s nomination was Sen. Rob Portman, R-Ohio.

Portman said he voted against her because she had “philosophical positions contrary to mine and to the mainstream of Ohio voters.”

He also said the court has “had a hard time justifying another judge. At this point, it’s a court that’s not busy, does not have a backlog,” Portman said.

He said he believes the Gang of 14’s agreement still holds, and cited a number of other judicial nominations that he has supported. “We are not abusing this right as the minority to be able to filibuster judges,” he said. “It’s being used selectively.”

Austria wants new FAA head to visit

Now that Randy Babbitt is out as the head of the Federal Aviation Administration, U.S. Rep. Steve Austria has asked his replacement to visit the Dayton area.

Austria, R-Beavercreek, last week spoke with Michael Huerta, Acting Administrator at the Federal Aviation Administration, to push for additional research, development and training on Unmanned Aerial Systems in the Dayton area. Austria also invited Huerta to visit Wright-Patterson Air Force Base and other facilities to learn more about Dayton’s involvement in the issue.

The region’s congressional delegation hopes that by making the Dayton region a hub for unmanned aerial vehicles, that it will bring jobs and business to Ohio.

Babbitt resigned as FAA administrator earlier this week after he was arrested and charged with driving while intoxicated.

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