Update: Defense News reports that the Senate has gone on vacation for a month, with Tia Johnson and others confirmation being held.
Update: Page S3731 of the July 28, Congressional Record, shows Senator Reed asking for unanimous consent to confirm Tia Johnson's nomination to CAAF. On page S3732, after Senator Reed discussed the importance of confirming the nomination, Senator Hawley objected. Senator Reed then moved for unanimous consent for an executive session to debate the nomination. Senator Hawley objected.
The CAAF has operated with only four active judges since C.J. Stuckey retired. The court has been asking senior judges to sit in for granted cases.
Gene Fidell has been monitoring and commenting on the affect of four v. five because petitioners, he argues, have a significantly lower chance of getting a grant with four vice five judges. See, e.g., here and here To date, 257 petitioners been affected.
President Biden has nominated Tia Johnson as the fifth CAAF judge. But her nomination has been held up.
One potential explanation can be found in Raju and Cole, Hawley says he'll hold up State and Defense Department nominess unless Blinken and Austin resign. CNN, September 14, 2021; see also, here (hawley.senat.gov); Jack Suntrap, White House criticizes Missouri Sen. Hawley for delaying Defense confirmations. Union-Bulletin, July 20, 2022 (noting Tia Johnson had cleared the Senate committee in March/April).
Disclaimer: Posts are the authors' personal opinions and do not reflect the position of any organization or government agency.
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