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Toomey gives approval for Restrepo nomination

WASHINGTON - Sen. Pat Toomey (R., Pa.) has given his approval to advance a Philadelphia judge's nomination to the U.S. Court of Appeals for the Third Circuit, clearing one obstacle for a nominee who critics argued was being stalled over politics.

WASHINGTON - Sen. Pat Toomey (R., Pa.) has given his approval to advance a Philadelphia judge's nomination to the U.S. Court of Appeals for the Third Circuit, clearing one obstacle for a nominee who critics argued was being stalled over politics.

Toomey has submitted his "blue slip" to the Judiciary Committee, giving his blessing to holding a hearing on the nomination of Luis Felipe Restrepo, a federal judge in the Eastern District of Pennsylvania. A spokeswoman for the senator confirmed the move.

By tradition, the committee will not hold a confirmation hearing until it receives blessings - in the form of the signed slips - from a nominee's home-state senators. Sen. Robert P. Casey (D., Pa.) turned in his in November, shortly after Restrepo was nominated to fill an emergency vacancy.

Liberal groups had blasted Toomey in recent weeks, accusing him of privately delaying Restrepo's confirmation while he publicly praised the judge. But Toomey said he had not slowed the nomination, since the committee was still doing a background check. It would not hold a hearing while that review was ongoing, even if Toomey submitted his slip, he said this month. The check has been completed, a committee spokeswoman said.

Republicans on the committee warned that the background check was essential before advancing a nomination for a lifetime spot on the bench. Democrats saw stall tactics intended to hamper President Obama. They noted that Restrepo had cleared a background check before being confirmed for his current post in 2013.

Restrepo, a former civil rights lawyer in Philadelphia, would fill a judicial emergency, a designation based on the size of the caseload when there is a vacancy.