Sen. Al Franken, D-Minn., during the Sotomayor hearings. (Credit: Karen Bleier, AFP/Getty Images)
Sen. Al Franken, D-Minn., was simply in the right spot at the right time. The most junior member of the Senate presided over the historic roll call vote of Sonia Sotomayor's confirmation Thursday because it was part of his regular rotation, which happens to be on Thursdays, said a spokesman for Majority Leader Harry Reid, D-Nev.
"It was an honor," Franken said soon after the vote. "It was definitely an honor." Judiciary Committee Chairman Patrick Leahy, D-Vt., said that "he did a great job."
This was only the freshman's second time presiding over the chamber, according to Franken spokeswoman Jess McIntosh. While new senators get some run-throughs on the procedures, he did get plenty of help from the floor staff.
Franken lucked out on presiding over a historic vote -- both in substance but also in protocol. Apart from a few late-arrivers, all senators were seated at their desks as the roll call began, a rare occurrence that only happens for a handful of votes, including impeachment, high court nominations and other notable nominations such as that of Hillary Rodham Clinton for secretary of State.
So, what did Franken preside over his very first time? It was a debate on the highway trust fund extension, exactly one week ago.
For all the speculation surrounding President Obama's choice to replace Justice David Souter on the Supreme Court, there's been less attention paid to the judges he's already nominated to lower courts. In his first 100 days, Obama put up three federal court of appeals nominations. And, while the circuit courts lack the glamour of the Supremes, Obama's picks so far offer one of the few guides on how he wants to shape the court system.
David Hamilton, Obama's first judicial nominee, was nominated on March 17 to sit on the U.S. 7th Circuit Court of Appeals. Though he has faced criticism from conservative groups, his nomination has advanced steadily through the Senate so far. The other two, Gerard Lynch for the 2nd Circuit and Andre Davis for the 4th Circuit, were announced April 2, with far less outcry.
"The first nominee is always going to be subject to the greatest scrutiny," said Doug Kendall, president of the progressive Constitutional Accountability Center.
Obama's low-key approach so far is in keeping with his picks, whom legal experts describe using words such as "safe," "cautious," "careful" and "moderate."
"You would have to describe them as fairly cautious choices," Kendall said. "He has nominated three sitting federal judges who have a decade or more experience on the federal bench.... There won't be a huge fight over their confirmations."
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Continue reading Obama's Early Judicial Picks Reflect Caution.
