Some of the president’s
nominees are not controversial and are being confirmed by landslide votes. For
example, Dabney Freirich was confirmed on Nov. 27 by a 97-3 vote to serve as
a federal judge in California.
However, the man in
the picture is a highly controversial nominee. Leonard Steven Grasz is “not
qualified” for the position, according to a letter sent from the American Bar
Association (ABA) to the leaders of the Senate Judiciary Committee on Monday.
It’s only the third time since 1989 that a judicial nominee has received a unanimous “not qualified” rating from the American Bar Association.
It’s only the third time since 1989 that a judicial nominee has received a unanimous “not qualified” rating from the American Bar Association.
The controversy is
that Mr. Grasz not only believes that Roe v. Wade
(ruling that a woman has a right to end her pregnancy in the first two
trimesters) is unconstitutional, but he goes further in
arguing that any woman who has an abortion should face criminal charges
(along with her doctor).
President Trump
nominated Mr. Grasz for the 8th Circuit Court of Appeals, an
extremely powerful position (one step below the Supreme Court).
Mr. Grasz has worked for “pro-life” groups to enact laws
along these lines. In his home state of Nebraska, he was successful in
promoting the law.
The Supreme Court later struck it down.
The Supreme Court later struck it down.
The day before the Alabama special election, his nomination
was brought to the Senate floor. On a motion for cloture (whether to close a filibuster), 48 senators voted for cloture and 47 voted against it. (Read
this as 48 Republicans to 47 Democrats.)
To stop a filibuster
for any judicial nominee (except the Supreme Court), a simple majority is
needed. Until 2013, the practice was 60 votes to stop debate (close debate, or cloture).
Senate Leader Harry Reid ended filibusters for all federal court nominees
(again, except for the Supreme Court).
Bad idea. Blame that on the Democrats.
But the election of Doug Jones magnifies the importance of
Republicans losing a vote and Democrats gaining a vote. Just look at the close vote
for Mr. Grasz.
Bad idea. Blame that on the Democrats.
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