“You are now responsible for the actions that Ryan Zinke will take as Secretary of the Interior,” reads a letter aimed at 16 Democrats and Independent Sen. Angus King of Maine. “I plan to hold you accountable.”
Ryan Zinke, a now former Congressman from Montana, has just been confirmed to lead the Department of Interior. He has a lifetime record of voting against the environment 96% of the time. His confirmation jeopardizes the future of our public lands, and the people, wildlife, and economies that depend on them.
Zinke’s answers to questions during the confirmation process provide insight into how he envisions the Department of Interior will manage millions of acres of federal lands and the natural resources under and on our wild places. When asked if humans have contributed to climate change, he questioned whether we are the driving force. When asked about protecting public lands, he refused to commit to keeping dirty fuels in the ground. He even said that the recent designation of Bears Ears National Monument in Utah, lands that are sacred to five Native American tribes with ancestral and spiritual ties to these lands, was one of the “pending problems we need to address quickly.”
Our public lands allow us to experience the majesty of the great outdoors, learn about our country’s history, and honor those whose cultural history dates back millennia. It’s now become imperative that we step up and fight so that future generations can enjoy these places, too.
- Ryan Zinke’s Environmental Scorecard, League of Conservation Voters.
- Ryan Zinke is one step closer to becoming interior secretary Washington Post. 1/31/2017.
- Interior nominee: President has power to amend, maybe remove, monument designation Salt Lake Tribune. 1/17/2017.
Do you need a reason to get off your couch and head to the polls this fall to cast your vote for Catherine Cortez Masto for U.S. Senate? Well here’s a good one:
Mitch McConnell told Fox News that he believes the NRA must approve of our next US Supreme Court justice nominee to receive any consideration by a Republican Senate. The NRA disapproves of Judge Garland’s nomination, therefore, the current Republican majority will not allow his nomination to be brought to the Senate floor for a vote on confirmation.
This utter nonsense has to end. We need to take the Senate back! To do that, we need to make sure that Catherine Cortez Masto is elected to replace retiring Senator Harry Reid. We cannot allow Republican Joe Heck to become Nevada’s next Senator and allow him to rubber stamp replacement of potentially FOUR retiring Supreme Court justices with “Scalia clones.”
According to the Washington Post, the White House is considering six candidates for the Supreme Court seat left vacant by the death of Justice Antonin Scalia: federal appeals court judges Sri Srinivasan, Jane Kelly, Merrick Garland, Paul Watford, and Patricia Millett, along with district judge Ketanji Brown Jackson.
Judge Sri Srinivasan
Judge Sri Srinivasan offers the conventional mix of youth, experience, and credentials that presidents often look for when selecting a Supreme Court nominee. A judge on the United States Court of Appeals for the DC Circuit, a court that is widely considered the second most powerful in the nation, Srinivasan was confirmed to this job by a 97-0 vote. He clerked for Supreme Court Justice Sandra Day O’Connor, served as the principal deputy to Solicitor General Don Verrilli, and argued more than two dozens cases in the Supreme Court before his own elevation to the bench.
Srinivasan’s record during his just under three years as a judge suggests that his approach to the law is similar to other mainline Democratic appointees. Among other things, Srinivasan authored an opinion reinstating minimum wage and overtime protections for home care workers after those protections were cut off by a trial judge’s order. And he was one of three judges on a panel that refused to halt the Obama administration’s Clean Power Plan, it’s most aggressive effort to fight climate change. (Shortly before Scalia’s death, the Supreme Court’s conservative bloc halted this effort on their own, over the dissent of all four of the Court’s liberals.)
The case challenging the Clean Power Plan remains ongoing, however, and it is still pending before the panel that includes Judge Srinivasan. Thus, nominating Srinivasan presents some risk for the president because it could lead to a different judge being swapped in to hear this case. Should Srinivasan be confirmed to the Supreme Court, he would also need to recuse from the case because he already ruled on the request to temporarily halt the Plan as a circuit judge. Some of the White House’s liberal allies have also expressed concerns about Srinivasan’s record prior to becoming a judge; his past clients include ExxonMobil and former Enron CEO Jeff Skilling.
Judge Jane Kelly
By the ultra-elite standards of the very top echelons of the legal profession, Judge Jane Kelly does not have the same eye-popping credentials as Srinivasan. After graduating with honors from Harvard Law, Kelly clerked for a U.S. Court of Appeals judge, but never for a Supreme Court justice. While Srinivasan made a name for himself in DC as one of the nation’s top Supreme Court litigators, Kelly toiled in relative obscurity in Cedar Rapids, Iowa.
Dismissing Kelly’s credentials because they do not match up with Srinivasan’s, however, is a bit like labeling Wonder Woman a weakling because she does not pack quite as much of a punch as Superman. Elite law firms currently offer a signing bonus of up to $75,000 for recent law graduates fresh out of a federal circuit clerkship, and that’s in addition to a starting salary in the mid-to-high $100,000s. So Kelly could have enjoyed a very lavish life in a prestigious legal practice.
She turned this life down to become a public defender, a job she held until her appointment to the Eighth Circuit in 2013. She continued to do that job even after she was attacked by an unknown assailant and left for dead while jogging in 2004. “After having that happen to her,” former Sen. Tom Harkin (D-IA) later said about Kelly, “she went right back to work sticking up for the constitutional rights of people accused by the federal government. To me, that was a mark of real character and sort of inner strength and resolve that something like that was not going to make her throw in the towel.”
A Kelly nomination could also embarrass Senate Judiciary Chair Chuck Grassley (R-IA), who has thus far refused to consider anyone that President Obama names to fill Scalia’s seat. Grassley praised her nomination to the Eighth Circuit, quoting a friend of his on the federal bench who praised her “exceptionally keen intellect” and concluded that “she will be a welcomed addition to the Court if confirmed.” If Kelly is the nominee, expect videos like this one, where Grassley urges his colleagues to confirm her, to become a stable of cable news coverage of the nomination:
Chief Judge Merrick Garland
Chief Judge Merrick Garland of the DC Circuit is the sort of nominee that Obama and Senate Republicans might agree to elevate to the Supreme Court as a compromise, if compromise is actually possible with the current Senate majority. Garland, who President Clinton appointed to the DC Circuit in 1997, is far and away the oldest candidate among the four the White House is reportedly vetting — he’s 63. In nearly two decades on the bench, Garland has also built a fairly centrist record.
Like the much younger Srinivasan, Garland’s resume is laden with the kind of credentials that make mere mortal attorneys droll with envy — including a clerkship for Supreme Court Justice William Brennan and a senior Justice Department job prior to Garland’s elevation to the bench. On most issues, moreover, is is likely that Garland would side with the Supreme Court’s liberal bloc in divided cases.
Nevertheless, there are a few areas where his instincts appear more conservative. In 2003, Garland joined an opinion holding that the federal judiciary lacks the authority, “to assert habeas corpus jurisdiction at the behest of an alien held at a military base leased from another nation, a military base outside the sovereignty of the United States,” effectively prohibiting Guantanamo Bay detainees from seeking relief in civilian courts. The Supreme Court reversed this decision a little over a year later in Rasul v. Bush. (Though, it is worth noting that legal experts disagree about whether the result Garland supported was compelled by then-existing precedents.)
Garland also appears to have relatively conservative instincts in criminal justice cases. According to a 2010 examination of Garland’s decision by SCOTUSBlog’s Thomas Goldstein, “Judge Garland rarely votes in favor of criminal defendants’ appeals of their convictions.” Goldstein “identified only eight such published rulings,” as well as an additional seven where “he voted to reverse the defendant’s sentence in whole or in part, or to permit the defendant to raise a argument relating to sentencing on remand,” during the 13 years Garland had then spent as a federal judge.
Judge Ketanji Brown Jackson
Judge Ketanji Brown Jackson of the United States District Court for the District of Columbia is the only federal trial judge among the six mentioned by the Washington Post. At 45, she is also the youngest, Jackson’s resume includes several years of private practice, service on the United States Sentencing Commission, and work as a public defender. She clerked for Supreme Court Justice Stephen Breyer.Jackson’s current status as a trial judge could prove to be both a blessing and a curse if she is Obama’s nominee. On the one hand, appellate judgeships are considered to be more prestigious than trial judgeships. The Supreme Court is also an appellate court, so a judge with experience at the appellate level is likely to be more used to the kind of work that goes into being a justice. That said, nearly all of the cases heard by the Supreme Court began in trial courts, and they can often turn upon procedural motions, fact-finding and other matters that occurred at the trial level. Currently, the only sitting justice with experience as a trial judge is Justice Sonia Sotomayor, so Jackson would bring an underrepresented perspective to the nation’s highest Court.
According to the Washington Post, the White House is focusing on potential nominees “with scant discernible ideology and limited judicial records as part of a strategy to surmount fierce Republican opposition.” Jackson, however, does have some opinions that are likely to fuel Republican opposition if she is nominated. In Rothe Development v. Department of Defense, Jackson rejected a challenge to a program that provides “technological, financial, and practical assistance, as well as support through preferential awards of government contracts” to companies that are designated as “small disadvantaged businesses.” One of the criteria used to determine if a business qualifies for this designation is whether a majority owner of the business belongs to a racial minority group. Though Jackson’s opinion upholding this limited consideration of race in government contracting closely tracks a 2012 decision by another judge of her court, which rejected a “nearly identical” challenge, it is likely that Rothe Development will play a starring role in conservative attack ads should Jackson be the nominee.
Additionally, Jackson denied a request by the website Gawker that tried to “force former Hillary Clinton aide Philippe Reines to explain why he had work-related emails in a private account.” Although her decision merely concluded that the request was “premature,” and not that it could not succeed at a later date, it is unlikely that conservative attack groups will dwell on that nuance if Jackson is the nominee.
Judge Paul Watford
ThinkProgress previously described Judge Paul Watford as a “conventional superqualified nominee.” A former law clerk to Justice Ruth Bader Ginsburg, Watford joined the United States Court of Appeals for the Ninth Circuit in 2012, after spending a few years as a federal prosecutor and then becoming a partner in a large law firm.Watford, however, had a somewhat more rocky confirmation process than Srinivasan and Kelly — a fact that may stem from Watford being one of only a handful of judicial nominees President Obama named in his first term who fit the conventional profile for a future Supreme Court justice. Grassley, in particular, objected to a few amicus briefs Watford wrote while still in private practice, including a brief opposing Arizona’s anti-immigrant law SB 1070, and another one filed on behalf of groups opposed to Kentucky’s lethal injection protocol. Judge Watford was eventually confirmed by a 61-34 vote.
Since becoming a judge, Watford authored three opinions in cases that were later reviewed by the Supreme Court. The justices agreed with Watford about the correct result in all three — including a case where the Supreme Court agreed with Watford’s decision to strike down a Los Angeles ordinance requiring hotels to share guest records with police even if the police do not have a warrant.
Judge Patricia Millett
Like Srinivasan, Judge Patricia Millett was among the nation’s top Supreme Court advocates prior to her appointment to the DC Circuit — arguing 32 cases during her time as an attorney in the Solicitor General’s office and later in private practice. Prior to becoming a judge, she alsoserved on the board of the Lawyers Committee for Civil Rights Under Law, a civil rights organization in Washington, DC. During her confirmation to the DC Circuit, one of the most active lobbying groups working on her behalf was a network of lawyers who are also military spouses. Millett’s husband served in the Navy, and they met at a church event while he was stationed at the Pentagon and were later married in the same church.Under normal circumstances, a Millett nomination would be a considerable olive branch extended toward Senate Republicans. Among other things, Millett once defended the conservative Roberts Court’s record in business cases during testimony to the Senate Judiciary Committee, saying that the justices “show[ed] a fair amount of balance in the business area” during a previous term. In just over two years on the DC Circuit, she’s authored just over two dozen majority opinions, none of which are particularly ideological
(The president’s opponents may complain about an opinion rejecting a challenge to various aspects of the Affordable Care Act and its implementation, but that lawsuit received little backing from interest groups that have otherwise been eager to support suits against Obamacare that have even a small chance of prevailing. Judge Millett’s opinion in that case was also joined by a conservative George H.W. Bush appointee.)
Millett, however, was also the very first judge confirmed after Senate Democrats invoked the so-called “nuclear option” to allow lower court nominations to be confirmed by a simple majority vote. This maneuver, which effectively shut down Senate Republican efforts to maintain ideological control over the nation’s second most powerful court, remains a sore spot among Senate Republicans. If Millett is the nominee, it is likely that many senators will take their frustrations with this rules change out on the judge.
This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe. ‘Like’ CAP Action on Facebook and ‘follow’ us on Twitter
Senate Republicans Must Stop Delaying Attorney General Confirmation
— by CAP Action War Room
It has been 124 days since Loretta Lynch was nominated to replace Eric Holder as Attorney General. In that time, the 50th anniversary of Selma reminded us that we have a long way to go to achieve equal voting rights; Ferguson re-entered the news with a report detailing egregious racism in the police department and its repercussions; a new coalition of groups working on criminal justice demonstrated a bipartisan commitment to reform; and a moving tribute at the Grammy awards proved that these issues go far beyond politics.
In all of these issues, the Department of Justice plays a vital role. And its head, as the top law enforcement officer in the United States, leads the way. Ms. Lynch, the U.S. Attorney for the Eastern District of New York, is a highly qualified nominee for the position. While some Republicans used her confirmation hearing as a chance to voice their out-of-touch views on President Obama’s recent immigration action or the departing Attorney General, she excelled in answering questions and impressing a bipartisan group of Senators.
So what is the hold up? Here are 5 reasons to quit delaying and confirm Loretta Lynch as Attorney General.
- She has been more than fully vetted. On top of her confirmation hearings, Lynch submitted detailed responses to 900 written questions and met individually with at least 59 senators.
- She is a proven, well-qualified leader. Lynch has a proven record of prosecuting hate crimes and corruption, and a reputation of being committed to protecting human rights and ensuring equal opportunity.
- She has a wide array of support. Senators from both sides of the aisle support Lynch, along with 25 former U.S. Attorneys from Republican and Democratic administrations. Rudy Giuliani said, “if I were in the Senate, I would confirm her.” Rudy Giuliani!
- She has waited longer than any other Attorney General nominee. Loretta Lynch’s nomination has been pending for 124 days, more than a month longer than any other in history.
- She would make history. Loretta Lynch would make history by being the first African-American woman to become Attorney General. What better way for the Senate to celebrate Women’s History Month and the legacy of Selma than to confirm Lynch.
Bonus: The movie Goodfellas was based on one of Loretta Lynch’s cases. She’s got what it takes.
BOTTOM LINE: When issues of racial inequality, voting rights, criminal justice, and more are front and center in our nation’s dialogue, it is no time to be playing games with our nation’s top law enforcement officer. Loretta Lynch has proven herself, and the Senate has had ample time to deliberate. Now its time to bring the nomination to the floor, and vote to confirm.
This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe. Like CAP Action on Facebookand follow us on Twitter.