'I Don't Think That's Disqualifying': Senators Clash Over Fifth Circuit Nominee's Conservative Stances
"We're going to pick people that think like us that will be good judges," said Sen. Lindsey Graham. "But the goal here is to pick people who are qualified, people that can set aside their political views."
May 20, 2020 at 05:53 PM
5 minute read
For the second time in a year, senators on the Judiciary Committee questioned a nominee for the U.S. Court of Appeals for the Fifth Circuit over his conservative credentials.
Last July, it was GOP senators who were wary of then-nominee Halil Suleyman "Sul" Ozerden over his stance on religious liberty. And on Wednesday, Senate Democrats knocked nominee Cory Wilson, tapped for the seat after Ozerden was dropped from consideration, for his own political comments and writings against the Affordable Care Act and in favor of voter ID laws.
"I knew what I was getting when I voted for Democratic nominees, and don't be surprised that we pick conservatives," Senate Judiciary Committee Chairman Lindsey Graham told Democratic Sen. Dick Durbin, who was frustrated after Wilson declined to directly answer a question because of its political nature.
If confirmed to the Fifth Circuit, Wilson would deepen the bench's already conservative line-up. The back-and-forth over the nomination to the circuit court vacancy shows the premium Senate Republicans place on nominating judges with strong conservative credentials, particularly those on powerful appeals courts.
"We can only conclude that you were nominated to take his place, because we never voted on Mr. Ozerden, because your record checked all those boxes and advanced conservative causes," Democratic Sen. Mazie Hirono told Wilson. "Your partisan record is not only part of a pattern, it's effectively a requirement for the typical Trump judge nominee."
Hirono also asked Wilson to recuse himself from considering ACA cases if confirmed to the Fifth Circuit. The nominee declined to do so, and Graham could be heard saying, "I hope he wouldn't."
"You've been accused of being a conservative Republican," Graham said later, laughing. "I don't think that's disqualifying."
And he called the idea of Wilson committing to recuse himself from cases based on comments the nominee made "absolutely, utterly ridiculous."
"The idea that you would be a conservative Republican is a bad thing only if you're a liberal Democrat," Graham said. "Who do you think we're going to pick? We're going to pick people that think like us that will be good judges. And when you get in charge, if you ever do, you're going to pick people that come from your world. But the goal here is to pick people who are qualified, people that can set aside their political views."
"The question is, are you the type of person who can set aside those beliefs and render justice in the case before you, with the intellect and the understanding that comes from wearing the robe?" Graham added.
Democrats throughout the hearing pointed to Wilson's past comments deriding the Affordable Care Act and voter ID laws, as well as President Barack Obama and Hillary Clinton, as showing he lacks the judicial temperament for the bench. Among his past writings raised during the hearing was his description of the Obama-era healthcare law being "illegitimate."
Wilson said he made those comments in the context of being a policymaker and an elected state representative in Mississippi. He also said there have been times during his current role as a judge on the Mississippi Court of Appeals where he has politically disagreed with rulings he has issued. But Democrats said that wasn't enough to ease their fears, as they noted an angry tone in much of his prior statements.
"What concerns me in a lot of your communications, the tone is one of such bitterness and scorn towards Democrats, whether it's Attorney General Holder or President Obama or Secretary of State Clinton, that it makes it hard for me to believe that you can actually leave that bitterness and scorn behind you in the robing room," said Democratic Sen. Sheldon Whitehouse. "There's a question of sort of degree of vitriol and unpleasantness about it that makes me wonder here."
Regardless of the Democratic opposition, Wilson was generally supported by Republicans on the committee, and signs point toward his being confirmed to the circuit court seat. The American Bar Association earlier this week said Wilson is "well qualified" for the seat.
GOP Sen. Mike Lee was among the Republicans who asked Wilson about his ability to set aside his personal political beliefs from his work on the bench, and defended the nominee from the Democratic queries.
"I personally struggle with any suggestion that your qualifications or lack thereof to serve on the Court of Appeals for the Fifth Circuit ought to be influenced in any way shape or form by your political views. And if properly approached, the judicial role is analytically distinct from the legislative role," Lee said.
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