In Law360 yesterday, Senate Judiciary Committee Chairman Chuck Grassley noted the vital importance of judicial nominees who are committed to the rule of law:
Nominating federal judges is one of the president’s most important constitutional duties, because these life-tenured judges often serve for decades on the bench. The most lasting legacy a president leaves on the American legal landscape is the judges committed to the Constitution and the rule of law.
President Trump's excellent nominees have been confirmed due to his and Majority Leader McConnell's leadership:
The Senate also confirmed 12 judges to the courts of appeals in 2017, a record for the first year of any presidency and four times the number of appellate judges confirmed in the first year of President Obama’s presidency. These judges, all distinguished by stellar legal and academic credentials, enjoyed widespread support in the legal community. The courts of appeals are the courts of last resort for the vast majority of thousands of cases in our federal court system. It has been among my highest priorities, and Senate Majority Leader Mitch McConnell’s, to confirm these extremely well-qualified nominees.
After noting that President Trump's nominees have included many "trailblazers" including the first Indian-American federal judge (when previously confirmed to the district court) Amul Thapar and four confirmed female appellate judges, Chairman Grassley described how this success in confirmation has been hard-won against the Democrats' stubborn obstruction:
It has been especially remarkable that we have been able to confirm so many judges in light of unprecedented obstruction from Senate Democrats. As of the end of February, the Democrats have required the Senate to hold cloture votes to end debate for 28 of Trump’s judicial nominees. They have required this time-consuming process even for nominees with widespread support who are ultimately confirmed by substantial majorities. In contrast, Senate Republicans forced a cloture vote for only one judicial nominee at the same point in President Obama’s presidency. Moreover, the Democrats are insisting on multiple hours of debate on each nominee even when only a fraction of that time is actually used for debate. This has resulted in a bottleneck of as many as 33 committee-approved judicial nominees awaiting votes by the full Senate at a given time.
This procedural block is not the only way Senate Democrats have attempted to thwart the confirmation of judicial nominees. Despite the fact that President Trump has nominated individuals with broad bipartisan support from their home states, only two of his circuit court nominees confirmed in 2017 received the support of more than 60 senators. The Democrats’ unprecedented lockstep opposition to nearly all of President Trump’s nominees demonstrates the hold that liberal special-interest groups have over the party.
Chairman Grassley also explained how, contrary to historical precedent, the Democrats are attempting to turn the blue slip courtesy, which encourages the White House to consult home-state senators on nominees, into a one-senator veto. Thank you, Chairman Grassley and Leader McConnell, for prioritizing these excellent judicial nominees and not allowing Democrats to use the judicial confirmation process as a way to resist President Trump.
Today, Judge Amul R. Thapar, a U.S. District Court Judge from Kentucky, had his Senate Judiciary Committee Hearing. Judge Thapar is the first circuit court nominee by the Trump Administration.
He earned the ABA's highest rating of unanimously Well Qualified to be a judge on the 6th Circuit, which at one time was called the "Gold Standard" in judicial nominations by Democratic Senator Pat Leahy (VT) and echoed by Democratic Minority Leader Senator Schumer (NY).
Judge Thapar faced a line of questioning reminiscent of the recent hearing for Justice Gorsuch, albeit slightly more subdued. Politico summarized the hearing as follows:
Asked by Sen. Richard Blumenthal (D-Conn.) to address the
denigration of federal judges, Thapar evaded any direct comment on Trump's
rhetoric, but he said it was unlikely to have much impact because federal
judges are thick-skinned and have lifelong tenure. . . ."I am a proud
Article III judge. We've been criticized from the beginning of this great
country," Thapar said. "What I will say about me and my colleagues is
it doesn't matter to us." . . .
Thapar also faced pointed questions from Democrats about his
affiliation with the conservative Federalist Society. Trump last year had
included both Gorsuch and Thapar, 47, on a list of judges he said he would
choose from when making nominations to the Supreme Court, and the possibility
Thapar could someday be elevated to the high court was a subtext of Wednesday's
hearing. Thapar was one of four individuals reportedly interviewed by Trump for
the Supreme Court vacancy.
Under questioning by Sen. Sheldon Whitehouse (D-R.I.),
Thapar said Wednesday he was surprised to learn from a law clerk after a court
session last fall that he'd been named to Trump's list. "I have no idea
how I got on the list. I wasn't notified ahead of time," Thapar said. . .
. Whitehouse and Sen. Dick Durbin (D-Ill.) noted that the list was prepared by
the Federalist Society and by the conservative Heritage Foundation, but Thapar
insisted he'd made no pledge of ideological fealty to those groups. "I'm
my own judge, and I hope my track record speaks to that," he said. He
called the Federalists "an open-debate society." Durbin appeared
skeptical of that explanation.
Also, entered into the record, by Chairman Senator Grassley, was a written statement signed by a diverse group of 23 lawyers who all clerked under Judge Thapar:
Each of us spent a year working closely with Judge Thapar in his chambers, and we can each attest that he is an exemplary judge, a devoted mentor, and a great person. First, and most importantly, Judge Thapar is an exceptional jurist. There is only one rule in his chambers: get the law right. Judge Thapar works diligently with his law clerks to ensure that every decision he makes is in accordance with what the law requires. Judge Thapar gives equal attention and a fair hearing to every litigant in every case that comes before him. From individual social security 2 disability claimants, to incarcerated inmates, to large multinational corporations, every party gets a fair hearing from Judge Thapar. . . .
We firmly believe there is no one better than Judge Thapar to fill the open seat on the Sixth Circuit. If confirmed, we are confident that Judge Thapar will approach his job on the appellate court the same way he has approached his job on the district court—with dedication to the law, with a prodigious work ethic, and with respect for all parties who appear before him. We hope the Senate will confirm Judge Thapar quickly.
According to The Washington Times, there are some 19 circuit court vacancies and more than 100 district court vacancies in need of nominees, perhaps giving President Trump the opportunity to reshape federal courts. However, it looks like this line of questioning will likely be repeated against most, if not all, of President Trump's judicial nominees.
