The title of this post is the headline of an essay by law professor Carl Tobias posted Friday on The Hill. After criticizing Senator Toomey for the delay in confirming Judge L. Felipe Restrepo, Tobias writes:
Equally troubling was Toomey’s handling of another Third Circuit vacancy to which Obama nominated Rebecca Ross Haywood, an experienced federal prosecutor, who would be the first African American female Third Circuit judge, if confirmed. Toomey disagreed with Haywood’s answers to his questions in a March 2016 private meeting, and he has singlehandedly blocked her hearing since then.
When Pennsylvanians vote, they should remember Senator Toomey’s claim that he has kept the federal courts filled. However, Toomey actually has obstructed nominees at every level of the federal judiciary (Supreme Court, Third Circuit and Pennsylvania Western and Eastern Districts) and in all stages of the nomination and confirmation processes.
As of yesterday, fivethirtyeight.com gives Toomey a 33 percent chance of winning, describing him as “one of the most conservative senators in Congress, despite representing a state that tends to vote Democratic in presidential elections.”