Trump'S Lifelong Legacy: Stacking The Courts
Mr. Speaker, today I rise to join my colleagues in unequivocally condemning the President's gross assault on the independence of the federal judiciary by stacking the federal courts with unqualified nominees. Since his inauguration a year…
Mr. Speaker, today I rise to join my colleagues in unequivocally condemning the President's gross assault on the independence of the federal judiciary by stacking the federal courts with unqualified nominees.
Since his inauguration a year and six months ago, the President and his supporters in the Senate have proceeded at breakneck speed to nominate ideological, often-unqualified candidates.
In his first 330 days in office, the President had won confirmation for 12 of his appeals court nominees--the most in an administration's first year since creation of the circuit court system in 1891.
The President's appellate nominees were approved by the Senate in an average of just 20 days after being voted out of the committee--which is eight times faster than President Obama's nominees.
As a senior member of the Judiciary Committee, I am concerned by the pervasive lack of oversight and partisanship that has poisoned our judiciary far more than the collection of highly publicized incidents would have us believe.
We must remember that the judiciary abuses of this Administration are the continuation of the shameless partisanship of Senate Republicans first began with the theft of the seat of Judge Merrick Garland.
Judge Garland had long been considered a prime prospect for the high court, serving as chief judge on the U.S. Court of Appeals for the District of Columbia Circuit--a frequent source of justices that is sometimes called the ``little Supreme Court.''
Widely regarded as a moderate, Judge Garland had been praised in the past by many Republicans, including influential senators such as Orrin Hatch of Utah.
But even before President Obama had named Judge Garland, and in fact only hours after the death of Justice Antonin Scalia, Senate Majority Leader Mitch McConnell declared in February 2016 that any appointment by the sitting president would be null and void.
Senator McConnell foreclosed any consideration of a nominee for the vacancy until after the 2016 election, nearly a year away.
Mr. Speaker, Supreme Court picks have often been controversial.
There have been contentious hearings and floor debates and contested votes.
But never has a nominee been ignored entirely, as if no vacancy existed.
A federal lawsuit was filed to compel Senator McConnell to hold a vote on Judge Garland, but it was dismissed because the plaintiff lacked stand-ins.
This president has used the levers of his office to continue to divide, rather than unite.
When confronted with a replacement to the Supreme Court's swing vote, the President has chosen an ideologue and a foot soldier of
the Republican Party and the conservative movement.
To be sure, Brett Kavanaugh has acceptable credentials and has enjoyed an undistinguished tenure as a member of the United States Court of Appeals for the District of Columbia Circuit.
But, it is not his credentials or his pedigree which is worrisome.
Rather, throughout his entire career--as a deputy in the right-wing's crusade against President Bill Clinton during the 1990s, as a political operative fighting to prevent the recount in Florida in 2000, which paved the way for the Supreme Court's decision in Bush v. Gore, and thereafter a decade as a stalwart conservative on the country's most important federal appellate court--Brett Kavanaugh has used his legal acumen in the service of decidedly and uncompromisingly conservative causes.
Instead of ensuring that the court will protect the rights of minorities, women, children, and society's most vulnerable, the President has chosen to politicize our halls of justice.
This President has used his Constitutional powers to push down on the scales of lady justice.
Both of the President's Supreme Court appointees--Neil Gorsuch and Brett Kavanaugh--have drawn withering criticism from respected organizations across the nation.
Marc Morial, the president of the National Urban League, the oldest and largest community-based nonpartisan civil rights organization of its kind, condemned Neil Gorsuch's nomination and the regression of the Supreme Court on civil rights issues.
More recently, the National Urban League, National Action Network, NAACP, NAACP Legal Defense Fund & National Coalition on Black Civic Participation urged citizens to contact Senators to delay confirming Brett Kavanaugh to the Supreme Court.
The Lawyers' Committee for Civil Rights Under Law, a nonprofit formed in 1963 at the request of President Kennedy to involve the private bar in providing legal services addressing racial discrimination, explicitly denounced Kavanaugh's nomination.
President and executive director of Lawyers' Committee for Civil Rights Kristen Clarke remarked that in this critical time for civil rights protections under attack by the administration, ``it would be an abdication of [the Senate's] constitutional responsibility to merely rubber stamp Kavanaugh's nomination'' on partisan grounds.
Rev. Al Sharpton, civil rights leader and President of National Action Network (NAN), released the following statement following President Donald Trump's announcement of the nomination of Brett Kavanaugh:
Some will pass this off as a middle of the road pick. Don't
be fooled. On every issue, Kavanaugh has proven to be an
ideologue who will ignore our rights . . . This is a fight
for the soul of our country, and we at National Action
Network call on the Senate to stop Kavanaugh's nomination at
any cost--his confirmation would be a disastrous attack on
basic human rights.
The NAACP--with its cherished heritage of struggling for fair-minded justice, including when it was instrumental in defeating a Herbert Hoover nominee to the Supreme Court, John Parker--characterized the Kavanaugh nomination as an effort to ``re-make the Court in President Trump's own image.''
Fatima Goss Graves, President and CEO of the National Women's Law Center (NWLC) expressed strong concern that Kavanaugh's nomination could put women's health, equality, dignity, and even lives on the line: ``it will shift the balance of the Court, and could roll back rights for an entire generation.''
The backlash has not only to do with the abandonment of the pursuit of justice for blatant partisanship, but also the flagrant breach of protocol in nominating Kavanaugh.
Usually, the White House Counsel's office maintains a list of potential nominees on hand, along with some basic information about them, long before an opening appears.
An informal working group is assembled from several sections of the White House, including not just the counsel's office but legislative affairs, the vice president's office, the chief of staff, and the Attorney General.
Congressional leaders from both parties are consulted, as well: GOP strategist Ken Duberstein, who helped shepherd half a dozen Supreme Court nominees, said in an interview that it is critical the administration reaches out to both parties on Capitol Hill, as ``there has to be some consultation, on both sides of the aisle, coming from the White House.''
Instead of this time-honored, bipartisan process, the President has relied heavily on the Federalist Society--a nationwide organization of conservative lawyers that openly seeks to ``reorder priorities within the legal system to place a premium on conservative values.''
Leonard Leo, the executive vice president of the Federalist Society, went as far as to take leave from the Society to construct a list of nominees for the President: granting such unprecedented access to an unashamedly partisan organization is a departure from convention.
This approach--partisanship above justice; loyalty above protocol-- should be concerning and insulting to every American whose civil liberties are at stake.
But more disturbing than partisanship in judicial nominations is the deliberate appointment of unqualified candidates.
Thomas Farr, the Raleigh attorney nominated for a judicial appointment to the U.S. District Court for the Eastern District of North Carolina, received the wholehearted support of the President and North Carolina's two U.S. senators, while two qualified African- American women could not even get a hearing.
Farr has been the lead attorney in a series of recent legislative efforts to suppress political participation by African Americans in the state.
In 2010, Farr advised the General Assembly in what federal courts later termed a ``racial gerrymander'' of North Carolina House, Senate and U.S. Congressional districts.
In separate lawsuits, each redistricting plan was proven to have intentionally discriminated against African-American voters.
In 2013, the North Carolina General Assembly enacted a bill that shortened early voting, required voters to present government-issued IDs and eliminated same-day voter registration and out-of-precinct voting--all of which are forms of marginalization and voter suppression.
Farr advised the legislature on the bill and then became lead counsel in a three-year battle to defend it.
Federal courts ruled the law unconstitutional and an attempt to disenfranchise African-American voters ``with almost surgical precision.''
Farr began his notorious in voter suppression and race-baiting career as a campaign aide to Senator Jesse Helms, who entered public life in campaigns that urged ``White People Wake Up'' and smeared the University of North Carolina as ``the University of Negroes and Communists.''
Helms was infamous for his diatribes against ``Negro hoodlums'' and ``forced integration,'' and for touting the ``purely scientific statistical evidence of natural racial distinction in group intellect.''
Helms became the state's most vociferous opponent of the civil rights movement, which, as late as 2005, Helms railed had ``ripped away at the customs and institutions people cared about.''
During Farr's time on the campaign, the Helms Campaign Committee sent more than 105,000 post cards to African Americans falsely warning that they were ineligible to vote and could be arrested for voter fraud if they appeared at the polls.
Farr denied having any knowledge of this effort, but a former Department of Justice official said the Helms disciple ``absolutely'' was involved in this and earlier illegal voter suppression tricks that the campaign described as ``ballot security efforts.''
A 1992 consent decree prohibited the campaign from tactics ``to intimidate, threaten, coerce, deter, or otherwise interfere with a qualified voter's exercise of the franchise''--and Thomas Farr signed the decree.
More than 20 years later, during Farr's defense of the election law that the Fourth District Court ruled targeted African-American voters ``with almost surgical precision,'' the judge in Winston-Salem asked Farr, ``Why don't y'all want people to vote?''
A track record that continues to raise this question should prevent anyone from being appointed to the federal bench.
But the problem is compounded by the fact that Farr would preside over the Eastern District, which contains a majority of the state's counties with the highest percentages of African-American residents.
Despite being home to North Carolina's ``Black Belt,'' the Eastern District has never had an African-American judge in its nearly century and half of existence.
Senator Burr says Farr will ``serve North Carolina well,'' and Senator Tillis--a supporter of the massive voter suppression and racialized redistricting that allowed Republicans to take a super majority in the state legislature--calls the President's nominee ``impeccably qualified.''
In doing so while blocking the hearings of May-Parker and Timmons- Goodson, these Senators insist North Carolina be revealed as backward- looking and bitter during nationally televised Senate hearings for a morally stained and unrepentant figure like Thomas Farr.
Being a conservative is not the same thing as spending almost 40 years fighting to block full citizenship for all Americans.
This nomination is not just about what Thomas Farr stands for--it is about what America stands for.
Some nominations have been entirely inconsiderate of any standards of qualification that judicial nominees would otherwise be subject to.
Matthew Petersen, a Trump nominee to a lifetime appointment on the U.S. District Court
for the District of Columbia, withdrew from consideration for the seat in December 2017 days after a video clip showed him unable to answer basic questions about legal procedure.
Petersen, a graduate of the University of Virginia Law School, was a member of the Federal Election Commission since 2008 but had no trial experience.
His only connection to the Trump Administration was that his tenure on the FEC overlapped with that of White House counsel Don McGahn for about five years.
Petersen was one of three judicial nominees picked by President Trump to have withdrawn in that week amid criticism about their qualifications.
Senate Judiciary Committee Chairman Charles E. Grassley told the White House to ``reconsider'' the nominations of the other two nominees, both of whom were reported to have endorsed positions or groups that embrace discrimination.
A day later, both nominations were pulled.
This gross disregard for competence is inconceivable in any profession, much less our government.
One of the two withdrawn for discrimination was Brett Talley.
Talley had been rated ``unanimously unqualified'' for the post by the American Bar Association after an evaluation that questioned his experience.
Talley had never argued a case, or even a motion, in federal court, he testified.
Mr. Talley nevertheless won preliminary approval from the Judiciary Committee's Republican majority to be a judge.
Even after Talley's nomination advanced through the Senate Judiciary Committee on an 11-9 party-line vote, media reports and good government groups cast doubt on his credentials for the spot on the U.S. District Court in Alabama.
As he was awaiting a Senate floor vote, it emerged that Mr. Talley had not disclosed that he was married to White House Counsel Don McGahn's chief of staff.
It was further publicized that he had failed to disclose that he had apparently written thousands of pseudonymous posts on a University of Alabama sports fan website, including one defending the early Ku Klux Klan.
Talley's withdrawal is celebrated as a case in which civic awareness and activism by various groups from media to good governance organizations pressured the government to do the right thing.
One such organization that is critical to safeguarding fairness of justice in our courtrooms is the American Bar Association, which gave Talley the ``unanimously unqualified'' rating.
Since 1953, this venerable legal organization has played a critical, behind-the-scenes role in assessing judicial nominees and their fitness to serve on the bench.
By the end of President Trump's first year, the ABA deemed at least four of Trump's judicial nominees ``not qualified.''
But with the ABA emerging as a major stumbling block in President Trump's effort to transform the courts, our colleagues in the GOP accused the nonpartisan group of holding a liberal slant and is seeking to sideline it.
Instead of being equally concerned of the quality of judicial nominees put forth by this Administration, our colleagues chose to ignore the ABA and discredit the century-old group.
ABA President Hilarie Bass said the group is a ``nonpartisan organization that has focused on legal issues and not politics'' and that it has vetted thousands of judicial nominees ``fairly and in a nonpartisan fashion'' under both Republican and Democratic administrations.
However, our colleagues are engaged in a desperate charge against factual truth itself.
``The ABA's record on judicial nominations has been highly questionable,'' said Sen. Ted Cruz (R-Texas), a member of the Senate Judiciary Committee, ``it has demonstrated over past decades repeatedly partisan interests and ideological interests.''
Arizona Sen. Jeff Flake, who also sits on the Judiciary Committee and is a vocal GOP critic of Trump, added: ``Not a big fan of the ABA.''
``It's blatantly political,'' Flake said. ``Often. Not always.''
In a shift from the Obama Administration and a return to the policy of President George W. Bush, the administration decided earlier this year not to allow the ABA to review potential candidates before they were nominated.
Trump officials are abandoning the practice so Republicans can push through younger, conservative attorneys who may not have as much--if any--experience to a lifetime position on the bench.
Mr. Speaker, I stand today in opposition of the Trump Administration's misguided and foolish judicial nominations.
I stand today as a woman, who fears for my fellow woman's right to choose.
I stand today as a granddaughter of immigrants, who recognizes the value of immigration to our, society and national identity.
I stand today as an African American, who celebrates the progress our community has made in expanding civil rights in our nation, but recognizes the struggle yet left ahead.
I stand today as a mother and grandmother, who is determined to hold our courts accountable to safeguarding our nation's civil liberties for generations to come.
I stand today as an American, because a judiciary that dispenses evenhanded justice is what defines who we are and what we stand for.
Mr. Speaker, fellow members of Congress, let us be unequivocally clear that it is our responsibility and our high call of service to our fellow citizens to defend the rule of law and preserve our courts as the bastion of justice in our nation.