Brody's Notes... U. S. Senate Judiciary Committee Forwards Openly Gay Judicial Nominee To The Full Senate

J. Paul Oetken
Via The National Law Journal

By Brody Levesque (Washington DC) APR 7 | The United States Senate Judiciary Committee today, in a voice vote and without discussion, unanimously approved to forward to the full Senate the nomination of J. Paul Oetken, a New York attorney to become a U.S. district judge for the Southern District of New York. Oetken, who currently practices law as an associate general counsel at for the Cablevision corporation, could become the first openly gay man to sit on the federal bench if confirmed by the Senate.

A spokesman for Senate majority leader Harry Reid, citing the current budget battle and looming federal government shutdown, said that at this time there was no clear determination as to when Oetken's nomination would be scheduled for a vote by the full Senate. To be confirmed, he will need support from 60 senators.

New York Democrat, Senator Chuck Schumer, who had recommended the Oetken nomination to President Obama in January along with Paul Engelmeyer for another opening on the U.S. District Court for the Southern District of New York, told reporters after the committee's action:

“With today’s voice vote in the Judiciary Committee, J. Paul Oetken and Paul Engelmayer now face virtually certain confirmation on the Senate floor,” the Senator said. “Both Mr. Oetken and Mr. Engelmayer have the sterling credentials and distinguished record of service to make fine judges on the Southern District Bench, and I look forward to voting to confirm them as soon as possible.”

Last week, the president nominated openly out lesbian Alison Nathan for another open judgeship for the Southern District of New York. Nathan is special counsel to the New York State Solicitor General.

Although Oetken would be the first openly gay male to occupy a judgeship on the federal bench, he would not be the first openly gay person to serve as a federal judge. In 1994, President Bill Clinton appointed Deborah Batts, an openly out lesbian, to serve as federal judge in the same jurisdiction of the U.S. District Court for the Southern District of New York.

In a press release, Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, said:

“Unanimous approval in the committee is unsurprising given that Paul is such a highly qualified nominee. We look forward to a successful floor vote, which will make him the first openly gay man to serve on an Article III federal court.”