May 20, 2015 2 min read

As a senator, I have become accustomed to being criticized for things I have done. But, it is a little harder to hear criticism for things that I have not done – specifically, your newspaper’s false assertion that I was somehow delaying the nomination of Judge L. Felipe Restrepo to the Third Circuit.

I fully support the president’s proposal to elevate Restrepo to the Third Circuit Court of Appeals, just as I supported his confirmation to the federal district court. In 2012, I joined Sen. Bob Casey in asking the White House to nominate Restrepo to the district court, I urged my colleagues to vote for Restrepo, and I happily voted for his confirmation.

The first step to Restrepo’s confirmation to the Third Circuit is a thorough background investigation. No hearing or vote goes forward until that investigation is completed. The Senate Judiciary Committee has not yet completed that investigation.

That is the reason the committee has not yet held a hearing on Judge Restrepo’s nomination – a fact that could have been easily learned with a call to the committee. I made it clear to the committee that I planned to turn in my “blue slip” – the formal manifestation of my support for Restrepo – the day that investigation was completed, provided no issues of concern were discovered.

Restrepo represents a longstanding, bipartisan partnership between Casey and me to fill vacancies on the federal bench in Pennsylvania.

Indeed, Casey and I have worked closely together to identify, vet, recommend, and confirm 15 judicial candidates for the federal bench in Pennsylvania. Restrepo’s confirmation to the Third Circuit will mark 16. Only two states – California and New York – have had more judges confirmed to their federal benches during this time.

This is a record of bipartisan accomplishment to be celebrated, not to be misrepresented.

Pat Toomey

Washington, D.C.

Toomey is a Pennsylvania U.S. senator. He turned in his “blue slip” advancing Restrepo’s nomination last week.