The Senate on Wednesday confirmed a controversial nominee to the San Francisco-primarily based 9th Circuit Court docket of Appeals in excess of the objections of the two house-state senators.
The blue-slip rule — a precedent upheld by Senate custom — has traditionally allowed a property-point out senator to halt a decreased-court docket nominee by refusing to return the blue slip to the Judiciary Committee. How strictly the precedent is upheld is made the decision by the committee chairman, and enforcement has different dependent on who wields the gavel.
Lee is the fifth appeals judge this yr to be confirmed without a blue slip returned from both dwelling-condition senators. Just before 2019, no appeals judge experienced been confirmed without having a blue slip returned from at the very least 1 household-state senator.
Feinstein claimed the vote on Lee marked the very first time that the rating member of the Judiciary Committee’s blue slip has been ignored.
“Lee repeatedly unsuccessful to change over much more than 75 controversial writings and submitted a lot of only right after we determined them. Lee took controversial positions in these writings on race, civil legal rights and voting rights. His lack of candor with the committee must worry all senators,” Feinstein wrote in a tweet.
“His previous writings expose surprising positions on race and range, affirmative action, instructional possibility, women’s reproductive freedom. He once wrote that multiculturalism is a ‘malodorous sickness’ and that sexism … to be ‘irrelevant pouting.’ That’s a guy who should be on the bench?” Schumer questioned.
Lee has arrive beneath fireplace for his faculty writings on difficulties like sexual assault and AIDS.
In a 1994 law evaluation short article he wrote that “a scientific explanation exists for the higher incidence of AIDS in the gay group. Homosexuals are far more promiscuous than heterosexuals, and therefore their possibility variable raises exponentially.”
In a 1995 article, he questioned why a girls would maintain performing for a gentleman that experienced assaulted her creating that if “a lecherous professor grabs a student’s breast, the previous factor she would do is carry on to accompany him on one more vacation – enable on your own 4 additional journeys – just so she can maintain on to a element-time task.”
Lee apologized for his writings on sexual assault, stating during his confirmation hearing that at the time he did not have an understanding of office dynamics.
Judicial nominations have come to be a focal issue for controversy in the course of the Trump presidency, with Republicans environment a report for how promptly they have confirmed appeals court judges.
In 2013, Democrats nixed the 60-vote filibuster for decreased court docket and government nominations. Republicans bought rid of the same roadblock for Supreme Court judges in 2017 to verify Justice Neil Gorsuch.
But Democrats have fumed more than the final decision to confirm circuit court judges more than the objections of mostly Democratic household-state senators.
But Republicans held a narrower 51-seat majority at the time. Scott signaled earlier this 12 months that he would assist Lee’s nomination.
“I have not listened to so far everything that would cause me to change in an opposite way,” he explained.