Donald Trump judicial appointment controversies
From EverybodyWiki Bios & Wiki
President Donald Trump entered into office with a significant number of judicial vacancies,[1] one of which included a Supreme Court vacancy due to the death of Antonin Scalia in February 2016. Trump had announced around 50 judges by September 15, 2017, which was much more than that of any recent president at that point in their presidency.[2] As of December 16, 2017, four of President Trump's judicial nominees have been rated Not Qualified by a majority of the American Bar Association's Standing Committee on the Federal Judiciary,[3] of which one has withdrawn,[4] and one has been confirmed.[5] President Trump's percentage of judicial nominees rated Not Qualified by a majority of the Standing Committee on the Federal Judiciary is higher than in the previous four presidential administrations.[6]
Supreme Court[edit]
- Supreme Court of the United States
- Neil Gorsuch (of Colorado): President Trump announced the nomination of Judge Gorsuch on January 31, 2017. The nomination was formally transmitted to the Senate on February 1, 2017.[7] Judge Gorsuch's confirmation hearings started on March 20, 2017, and lasted four days.[8][9] On April 3, the Judiciary Committee approved Judge Gorsuch by in an 11–9 in a party-line vote.[10][11] During the last day of committee hearings, Senate Minority Leader Chuck Schumer (D-NY) announced from the Senate floor that he would filibuster the nomination.[12] Democratic opposition focused on the complaint that the vacancy on the court was created by the death of Justice Antonin Scalia during President Barack Obama's administration should have been filled by President Obama's nominee for the vacancy, Judge Merrick Garland.[13][14] In response, Republicans hearkened back to November 2013 when Democrats invoked the nuclear option to fill three vacancies on the United States Court of Appeals for the District of Columbia Circuit.[15] To counter the filibuster, Republicans invoked the nuclear option, ending debate with a simple majority vote and extending the rule that a simple majority could invoke cloture on all presidential nominations, including Supreme Court nominations.[16] The Senate confirmed Judge Gorsuch on April 7, 2017 by a vote of 54–45, with all Senate Republicans present voting to confirm along with three Democratic Senators from states that voted heavily for President Trump: Senators Joe Manchin (D-WV), Heidi Heitkamp (D-ND), and Joe Donnelly (D-IN).[17]
List of failed, stalled or filibustered appellate nominees[edit]
Successfully appointed nominees[edit]
- United States Court of Appeals for the Seventh Circuit
- Amy Coney Barrett (of Indiana): On May 8, 2017, President Donald Trump nominated Barrett to serve as a United States circuit judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.[18] During Barrett's hearing, she was questioned about her Catholic faith by U.S. Senator Dianne Feinstein. On October 5, 2017, the Senate Judiciary Committee voted on a party-line vote of 11–9 to recommend Barrett and report her nomination to the full Senate.[19] On October 30, 2017 the Senate invoked cloture by a vote of 54–42.[20] The Senate confirmed her 55–43 on October 31, 2017.[21]
- United States Court of Appeals for the Eighth Circuit
- L. Steven Grasz (of Nebraska): On August 3, 2017, President Donald Trump nominated Grasz to serve as a United States Circuit Judge of the United States Court of Appeals for the Eighth Circuit, to the seat vacated by Judge William J. Riley, who assumed senior status on June 30, 2017.[22] In October 2017, the American Bar Association's Standing Committee on the Federal Judiciary, a nonpartisan entity which rates judicial nominees, unanimously voted to give Grasz a "not qualified" rating for the position.[23] Senator Ben Sasse (R-NE) criticized the ABA for their decision, defending Grasz and saying the ABA's rating was based on politics.[24] On December 7, 2017 his nomination was reported out of committee by a 11–9 vote.[25] On December 11, 2017 the Senate voted 48–47 to invoke cloture on his nomination.[26] On December 12, 2017 the full United States Senate voted 50–48 in favor of confirmation; the vote was along party lines with Senators John McCain and Thad Cochran abstaining from the vote.[27]
Stalled nominees[edit]
- United States Court of Appeals for the Seventh Circuit
- Michael B. Brennan (of Wisconsin): On August 3, 2017, President Trump nominated Brennan to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge Terence T. Evans, who assumed senior status on January 17, 2010.[28] Upon the announcement of his nomination, Senator Tammy Baldwin criticized President Trump for bypassing the bipartisan commission composed to vet potential judicial candidates. It is unclear whether she will prevent his nomination from receiving a hearing by withholding her blue slip. However, her Republican counterpart in the Senate, Senator Ron Johnson praised the nomination.[29]
List of failed, stalled or filibustered district court nominees[edit]
Failed nominees[edit]
- United States District Court for the Middle District of Alabama
- Brett Talley: In September 2017, he was nominated by President Donald Trump to fill a vacancy on the United States District Court for the Middle District of Alabama.[30] His nomination drew controversy due to his lack of judicial experience, partisan personal blogging, and failure to disclose that he was married to Ann Donaldson, the chief of staff to White House counsel Don McGahn. He became the third judicial nominee since 1989 to receive a unanimous rating of "not qualified" from the American Bar Association.[31] On December 13, 2017, Talley withdrew his name from consideration for the appointment.[32]
- United States District Court for the Eastern District of Texas
- Jeff Mateer: On September 7, 2017, President Donald Trump nominated Mateer to serve as a United States District Judge of the United States District Court for the Eastern District of Texas, to the seat vacated by Judge Richard A. Schell, who assumed senior status on March 10, 2015.[33] Mateer was recommended to the White House by Senators John Cornyn and Ted Cruz.[34] After Mateer's remarks about transgender kids being part of "Satan's plan" and his support for conversion therapy were publicized in late September 2017, John Cornyn, the Republican Senator from Texas and Senate Majority Whip, expressed skepticism about Mateer's suitability to sit on the federal bench.[35] Cornyn and members of a committee that screens Texas judicial candidates said that Mateer had not disclosed the statements.[34] Senator Cruz said that he still supported Mateer's nomination.[36] In December 2017, Mateer's nomination for the federal judiciary was withdrawn.[32]
- United States District Court for the District of Columbia
- Matthew S. Petersen: On September 7, 2017, President Donald Trump nominated Petersen to serve as a United States District Judge of the United States District Court for the District of Columbia, to the seat vacated by Judge Richard W. Roberts, who assumed senior status on March 16, 2016.[37] On December 13, 2017, during his confirmation hearing before the Senate Judiciary Committee[38][39] Senator John Neely Kennedy (R-LA) questioned Petersen about legal procedure,[40] asking if Petersen knew what the Daubert standard was, and what a motion in limine was. He was unable to answer.[41][42] Petersen's answers have received criticism in the press and from lawmakers. The New York Times described it as one of the "more painful Senate hearings in recent memory."[41][42] Petersen withdrew his nomination on December 16, 2017.[43][44]
See also[edit]
- List of federal judges appointed by Donald Trump
- Donald Trump Supreme Court candidates
- United States federal judge
- Federal judicial appointment history
References[edit]
- ↑ Vacancy Summary for January 2017, United States Courts
- ↑ "'The dogma lives loudly within you': The battle over Trump's effort to remake the courts in his image is starting to heat up". Business Insider. Retrieved 2017-09-15.
- ↑ https://www.americanbar.org/content/dam/aba/uncategorized/GAO/Web%20rating%20Chart%20Trump%20115.authcheckdam.pdf
- ↑ "Two Trump judge nominees out after criticism".
- ↑ "Leonard Steven Grasz, Trump judicial pick rated as "not qualified," OK'd by Senate".
- ↑ Smith, Allan (November 15, 2017). "Trump is bypassing judicial ratings agencies before making his nominations — and it has led to a substantial increase in 'not qualified' nominees". Business Insider. Retrieved December 16, 2017.
- ↑ "Congressional Record".
- ↑ Kim, Seung Min (February 16, 2017). "Gorsuch confirmation hearing set for March 20". Politico.
- ↑ "United States Senate Committee on the Judiciary". www.judiciary.senate.gov. Retrieved March 21, 2017.
- ↑ Flegenheimer, Matt (April 3, 2017). "Senate Judiciary Committee Approves Gorsuch in Party-Line Vote". The New York Times. Retrieved April 4, 2017.
- ↑ Berenson, Tessa (April 3, 2017). "Senate Judiciary Committee Just Approved Neil Gorsuch's Nomination". Time. Retrieved April 4, 2017.
- ↑ Matt Flegenheimer; Charlie Savage; Adam Liptak (24 March 2017). "Democrats Plan to Filibuster to Thwart Gorsuch Nomination". The New York Times. p. A17. Retrieved 8 April 2017.
- ↑ 6:00 AM ET (March 30, 2016). "Trump's Supreme Court Nominee Is Going To Face An Angry, Partisan Senate Battle". NPR. Retrieved February 1, 2017.
- ↑ Shear, Michael D.; Liptak, Adam (January 24, 2017). "A Supreme Court Pick Is Promised. A Political Brawl Is Certain". Retrieved February 1, 2017 – via NYTimes.com.
- ↑ News, A. B. C. (6 April 2017). "Senate OKs 'nuclear option,' clears path for high court nomination vote". ABC News.
- ↑ Killough, Ashley. "GOP triggers nuclear option on Neil Gorsuch nomination". CNN Politics. Retrieved April 7, 2017.
- ↑ Adam Liptak; Matt Flegenheimer (8 April 2017). "Neil Gorsuch Confirmed by Senate as Supreme Court Justice". The New York Times. p. A1. Retrieved 8 April 2017.
- ↑ "Trump Names 10 Conservatives It Plans to Nominate to Federal Courts". Chicago Tribune. May 8, 2017. Retrieved September 29, 2017.
- ↑ Freking, Kevin (October 6, 2017). "Committee Recommends Notre Dame Professor Amy Coney Barrett for U.S. Judicial Bench". South Bend Tribune. Associated Press. Retrieved October 7, 2017.
- ↑ U.S. Senate Roll Call Votes 115th Congress - 1st Session United States Senate Vote Summary: Vote Number 254, United States Senate, October 30, 2017
- ↑ Bendery, Jennifer (October 31, 2017). "Senate Confirms Judicial Nominee Who Questioned Roe v. Wade Decision". HuffPost. Retrieved November 16, 2017.
- ↑ "Eighteen Nominations Sent to the Senate Today - The White House".
- ↑ Min Kim, Seung (October 30, 2017). "ABA deems another Trump judicial nominee 'not qualified'". Politico. Retrieved 30 October 2017.
- ↑ "Sasse Slams Bar Association for Calling Trump Judicial Nominee 'Not Qualified'".
- ↑ "Results of Executive Business Meeting – December 7, 2017, Senate Judiciary Committee" (PDF).
- ↑ "U.S. Senate: U.S. Senate Roll Call Votes 115th Congress - 1st Session". www.senate.gov.
- ↑ "Leonard Steven Grasz, Trump judicial pick rated as "not qualified," OK'd by Senate".
- ↑ "Eighteen Nominations Sent to the Senate Today", White House, August 3, 2017
- ↑ Marley, Patrick (August 4, 2017). "Baldwin: Trump ignored bipartisan panel by nominating Gov. Scott Walker ally to 7th Circuit Court of Appeals". Milwaukee Journal Sentinel. Retrieved November 11, 2017.
- ↑ Johnson, Carrie (December 13, 2017). "White House: Nomination of Alabama Lawyer Brett Talley 'Will Not Be Moving Forward'". NPR. Retrieved December 13, 2017.
- ↑ Apuzzo, Matt; Schmidt, Michael S. (November 13, 2017). "Trump Judicial Pick Did Not Disclose He Is Married to a White House Lawyer". The New York Times. ISSN 0362-4331. Retrieved November 13, 2017.
- ↑ 32.0 32.1 Savage, David (December 13, 2017). "Embattled Trump judicial nominee Brett Talley withdraws". Los Angeles Times. Retrieved December 14, 2017.
- ↑ "Eight Nominations Sent to the Senate Today". whitehouse.gov. 2017-09-07. Retrieved 2017-09-08.
- ↑ 34.0 34.1 Cobler, Nicole; Gillman, Todd J. (December 12, 2017). "No judgeship for 'Satan's plan' Texan, as White House drops Jeff Mateer nomination". The Dallas Morning News. Retrieved December 15, 2017.
- ↑ Diaz, Kevin (September 28, 2017). "Cornyn has doubts about nominee who said transgender rights were 'Satan's plan'". San Antonio Express-News.
- ↑ Nicole Cobler (September 28, 2017). "Cruz stands by Trump court pick who sees 'Satan's plan' in transgender kids; Cornyn undecided". Dallas News.
- ↑ "President Donald J. Trump Announces Seventh Wave of Judicial Candidates - The White House".
- ↑ Bendery, Jennifer (18 December 2017). "Trump Judicial Nominee Drops Out After Embarrassing Hearing" – via Huff Post.
- ↑ Blake, Aaron (2017-12-15). "Analysis | That painful exchange between a Trump judicial pick and a GOP senator, annotated". Washington Post. ISSN 0190-8286. Retrieved 2017-12-15.
- ↑ Bowden, John (14 December 2017). "Dem senator bashes Trump judicial nominee over hearing testimony: 'Hoo-boy'".
- ↑ 41.0 41.1 Bromwich, Jonah Engel; Chokshi, Niraj (2017-12-15). "Trump Judicial Nominee Attracts Scorn After Flopping in Hearing". The New York Times. ISSN 0362-4331. Retrieved 2017-12-15.
- ↑ 42.0 42.1 Hawkins, Derek (15 December 2017). "Trump judicial nominee fumbles basic questions about the law" – via www.washingtonpost.com.
- ↑ Merica, Dan (December 18, 2017). "Trump judicial nominee Matthew Petersen withdraws after viral hearing video". CNN. Retrieved December 18, 2017.
- ↑ Lejeune, Tristan (18 December 2017). "Trump judicial nominee withdraws after humiliating hearing".
Notes[edit]
- ↑ All three nominees have asked the White House to withdraw their nominations, however as of December 18, 2017 the withdrawals have not been formerly submitted to Congress.
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