Tag Archives: Court of Appeals

Democrat senator imposes religious test to disqualify Trump judicial nominee

Court of Appeals nominee Neomi Rao
Court of Appeals nominee Neomi Rao

If you listened to the state of the union on Tuesday night, you heard about some very good results that the Trump administration has produced. I disagreed with some of his policies, especially the infrastructure spending. But one thing Trump has done wasn’t emphasized enough: nominating conservative judges.

Unfortunately for Trump, the Democrats are doing everything they can to block his judicial nominations. And they are even trying to discredit them because of their religious convictions.

The Daily Signal reports:

The Senate Judiciary Committee on Tuesday held its first judicial confirmation hearing of the year for Neomi Rao, who is President Donald Trump’s nominee for the vacancy left by new Supreme Court Justice Brett Kavanaugh on the U.S. Court of Appeals for the D.C. Circuit.

[…]The daughter of Indian immigrants, Rao is a graduate of Yale University and the University of Chicago Law School. After graduation, she clerked for Judge J. Harvie Wilkinson on the U.S. Court of Appeals for the 4th Circuit and for Thomas on the Supreme Court.

She then served in the White House Counsel’s Office under President George W. Bush and on the Senate Judiciary Committee as counsel to then-Chairman Orrin Hatch, R-Utah.

Since 2006, Rao has been a faculty member at the Antonin Scalia Law School at George Mason University, where she focused on administrative and constitutional law.

Sounds like a pretty good resume. And she is conservative, too. Republicans need to nominate conservative women and conservative visible minorities in order to destroy the false narrative pushed by the secular left that Republicans are “racist” and “sexist”. And it’s for exactly that reason – to preserve their false narrative – that Democrats attack female and minority conservatives the hardest.

Here are some of the attacks against Rao:

Several senators brought up an article Rao wrote about date rape while she was an undergraduate at Yale. In the article, she suggested that women should take measures to avoid becoming victims.

Sens. Patrick Leahy, D-Vt., and Kamala Harris, D-Calif., both implied that Rao was placing the blame on victims rather than on rapists. Rao clarified—several times—that she was simply advocating commonsense steps young women on campus could take to avoid becoming a victim. Chief among them is not excessively drinking alcohol.

It’s the same advice her mother gave her, she said, and it’s what she tells her children today. Rao clearly stated that the blame for a horrendous crime such as rape always lies with the perpetrator and never with the victim.

So now, telling women to be responsible with alcohol consumption is a disqualification for being nominated as a judge. Because you can’t give women any advice about how to live wisely – that’s “anti-women”. It’s anti-women to warn women about the possible consequences of their choices? Democrats say it is.

PJ Media reports on some especially troubling questioning from Cory “I’m Spartacus” Booker.

Here’s the video:

Here’s the text:

Booker seized on Rao’s 2008 article opposing the Supreme Court decision Lawrence v. Texas, which decriminalized homosexual activity. He then directly asked her, “Are gay relationships in your opinion immoral?”

“I am not sure the relevance of that,” Rao responded.

“Do you think gay relationships are immoral?” he continued.

“I do not,” Rao said.

“Do you believe they are a sin?” Booker pressed.

“My personal views on any of these subjects are things I would put to one side,” the nominee said.

“So you’re not willing to say whether you believe it is sinful for a man — for two men — to be married?” the senator pressed once again.

“No,” Rao responded.

“Excuse me?” Booker said.

“My response is that these personal views are ones that I would put to one side. Whatever my personal views are on the subject, I would faithfully follow the precedent of the Supreme Court,” the nominee said.

Disgusting. It’s like the Spanish Inquisition, except from the secular left. Democrats think that if you are a religious Jew, Muslim or Christian, then the Democrats don’t thin that you can serve effectively as a judge. The only morality that is acceptable to them is based on secularism and leftism. And this happened in America, where we the right to be religous in our Constitution.

Senator Ted Cruz came to the defense of Rao:

Cruz said:

The Senate Judiciary Committee should not be a theater for mischaracterizing or twisting nominees’ records or views. Nor should it be an avenue for persecution.

We’ve seen a growing pattern among Senate Democrats of hostility to religious faith. I have to say I was deeply troubled a few minutes ago to hear questioning of a nominee, asking your personal views on what is sinful.

In my view that has no business in this committee. Article Six of the Constitution says there should be no religious test for any public office. We have also seen Senate Democrats attack what they have characterized as religious dogma. We’ve seen Senate Democrats attack nominees for their own personal views on salvation.

I don’t believe this is a theological court of inquisition. I think the proper avenue of investigation is a nominee’s record. So Ms Rao, let me talk about your record. Let me ask you about your actual record, which is what this committee should be looking at, not our own personal religious views or your religious views, whatever they may be.

Remember since isn’t the first time this has happened – they did the same thing with Amy Barrett, telling her that her Catholic dogma was unacceptable in a judge.

Great news: Supreme Court declines to hear appeal of Texas ban on late-term abortions

Life News reports.

Excerpt:

Supreme Court Justice Antonin Scalia issued an opinion today indicating the Supreme Court will not get involved in a case out of Texas that has abortion facilities there appealing a law that has closed numerous abortion clinics that can’t protect women’s health.

In a big victory for pro-life advocates in Texas earlier this month, the Fifth Circuit Court of Appeals overturned Judge Lee Yeakel of the Western District Court in Austin and restored key portions of a pro-life law in Texas that will ultimately stop abortions and could close abortion clinics. Abortion clinics appealed that decision to the Supreme Court and Justice Scalia issued a ruling today saying the high court will not get involved.

“The underlying legal question — whether the new Texas statute is constitutional — is a difficult question. It is a question, I believe, that at least four members of this court will wish to consider irrespective of the 5th Circuit’s ultimate decision,” Justice Antonin Scalia wrote with Justices Clarence Thomas and Samuel Alito concurring. “I would maintain the status quo while the lower courts consider this difficult, sensitive, and controversial legal matter.”

The justices voted 5-4 to leave Texas’ pro-life provisions in place and the four Democrat-appointed pro-abortion justices all voted to overturn the pro-life measure. Justice Stephen Breyer write a dissenting opinion saying he expected the case to return to the Supreme Court.

Chief Justice John Roberts and Justice Anthony Kennedy did not join an opinion or write their own, but they sided with Scalia, Thomas and Alito.

So the pro-life side wins, for now. All five Republican-appointed judges sided with Texas. But that decision could change if we elect another Democrat to be President and the balance of the Supreme Court changes to be more pro-abortion. For example, Hillary Clinton is almost as pro-abortion as Obama is, and she would definitely appoint pro-abortion judges.

However there was some bad news in Texas to spoil the good news:

A grant from the Obama administration is allowing the Planned Parenthood abortion business to reopen a clinic in Texas it closed after the passage of new pro-life laws there.

Planned Parenthood has closed a number of clinics after Texas Governor Rick Perry signed into law a bill that bans abortions after 20 weeks and holds abortion facilities accountable for higher health and safety standards. Other clinics closed after Perry signed a bill to stop taxpayer funding for the abortion giant.

But now, thanks to federal funding, a Planned Parenthood clinic will reopen in Mission, Texas that has been closed for two years.

The Obama administration is the most radically pro-abortion we’ve ever had. They have no qualms at all about about using the tax dollars of pro-lifers to fund organizations that provide abortions.

Obama’s D.C. appeals court nominee equated pro-lifers with Ku Klux Klan

From Powerline blog, a look at the record of Obama’s latest judicial nominee.

She opposed the church invoking the First Amendment as a defense to government intervention in hiring decisions:

Only four Republican Senators out of eight on the Committee asked questions today. Ranking Member Grassley (and later Sen. Cruz) inquired about a statement Pillard made regarding Hosanna-Tabor Evangelical Lutheran Church v. EEOC. In that case, the Supreme Court, by a vote of 9-0, found that the Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against their churches under the anti-employment discrimi­nation laws, because churches and other religious groups must be free to choose their leaders without government interference.

Prior to the decision, Pillard wrote that the position of the defendant church represents “a substantial threat to the American rule of law.” This statement was the focus of questions by Grassley and Cruz.

Pillard tried to side-step the inquiry by confessing that she is an imperfect predictor of how the Supreme Court will rule (she was referring to a statement she had also made that “the big news will be if the Court decides [the case] for the Church”). This was a cynical evasion.

The problem is not Pillard’s failure to predict how the Court would rule; the problem was her radical position that the church’s invocation of its First Amendment rights substantially threatens the rule of law. Pillard was unwilling to defend this position, so she dodged the question.

The significance of the 9-0 vote in favor of the church is not Pillard’s failure to anticipate it. The significance lies in the fact that she took a position too radical for any of the Court’s liberals to adopt. In fact, according to Cruz, Justice Kagan described the government’s position in the case, which Pillard supported, as “amazing.”

She compared pro-lifers to the Ku Klux Klan:

Pillard did no better with a question from Senator Lee about her argument that anti-abortion protesters are comparable to the members of the Ku Klux Klan who were the subject of the anti-KKK post-civil war statute. Pillard made this argument in the context of litigation trying to use that statute against anti-abortion protesters.

Pillard testified today that the comparison is “not at all fair.” She explained that she had been forced to rely the anti-Klan law because there was nothing else on the books with which to go after militant anti-abortion protesters (Pillard hoped to use RICO, but the Supreme Court had shot theory that down). Pillard assured Sen. Lee that, because Congress has since passed legislation to deal with such protesters, there is no longer a need to use the anti-Klan law.

 

She opposes federalism, one of the biggest causes of American prosperity:

Finally, Sen. Flake questioned Pillard about her “transnationalism” referred to in my earlier report. He asked her about a statement in which, apparently, she indicated that international law provides a promising source of new rights for U.S. citizens, now that recognized domestic sources of such rights may be largely exhausted.

Pillard said she doesn’t agree with this view. She testified that she merely trying to explain to a Swiss audience the difference between our system and the system to which Europeans are accustomed. Specifically, she was trying to explain that we have a federal system.

I don’t have the statement that Sen. Flake was referring to, and thus cannot yet evaluate the plausibility of Pillard’s explanation of it. I can say, however, that Pillard is a less than ideal candidate to be explaining federalism to foreigners or anyone else. For she views “the federalism impulse” as a “sort of demonization of government” and an “effort to impede the ability of government to govern.”

Here’s more on her record from Life News.

Excerpt:

Among some of her greatest hits, the former Deputy Assistant Attorney General argues that abortion is necessary to help “free women from historically routine conscription into maternity.” As if her militant feminism wasn’t apparent enough, she takes the opportunity in some of her writings to slam anyone who opposes the abortion-contraception mandate as “reinforce[ing] broader patterns of discrimination against women as a class of presumptive breeders.”

A mother of two, Nina wrote a 2011 paper, “Against the New Maternalism,” which argues that by celebrating motherhood, society is creating a “self-fulfilling cycle of discrimination.” Those ideas bleed into Pillard’s extreme pro-abortion views, which suggest that technology is somehow manipulating Americans to consider the personhood of the unborn. In one of her most jaw-dropping statements, the President’s nominee even criticizes the ultrasound. She believes it manufactures “deceptive images of fetus-as-autonomous-being that the anti-choice movement has popularized since the advent of amniocentesis.”

As crazy and outrageous as her other comments are, this one is a denial of basic biology! She actually rejects modern science on human development because it conflicts with her hard-core ideology. If that doesn’t disqualify someone from the second most prestigious court in America, I’m not sure what does. Except maybe this: Pillard is so fiercely opposed to abstinence education that she has said publicly she would declare it unconstitutional. In “Our Other Reproductive Choices,” Nina argues that abstinence-only curriculum is “permeated with stereotyped messages and sex-based double standards” which, in her mind, makes it “vulnerable to an equal protection challenge.”

Wow, you can really tell a lot about Obama’s views on churches and pro-lifers from his judicial nominees, can’t you?

Ex-Planned Parenthood board member confirmed to 9th circuit court of appeals

From Life News.

Excerpt:

Last week, the Senate confirmed the nomination of Alaska Supreme Court Justice Morgan Christen to become a member of the U.S. 9th Circuit Court of Appeals,one of the most left-wing federal appeals courts in the nation.

The confirmation has President Barack Obama adding yet another pro-abortion judge to the nation’s judicial system. Although Christen had to wait months to be confirmed, she will now serve on a court that will decide pro-life legislation coming from Pacific Coast states — usually declaring it unconstitutional.

[…]When she submitted her application to become a state Supreme Court justice, Christen made no mention of the fact that she is a former board member of Planned Parenthood and served the pro-abortion group in the mid 1990s.

In his statement announcing Christen’s nomination, Obama said, “I am proud to nominate this outstanding candidate to serve on the United States Court of Appeals. I am confident Justice Morgan Christen will serve the American people with integrity and distinction.”

[…]The Alaska Planned Parenthood organization on which Christen served has been a vocal opponent of pro-life legislation at the state capital — most notably opposing repeated attempts by state legislators to pass parental notification and consent legislation allowing parents to know when their minor daughter is considering an abortion and requiring Planned Parenthood, the nation’s leading abortion business, to obtain permission from the girl’s parents beforehand.

Barack Obama is the most pro-abortion President in the history of the United States.