A judicial nominee put forward by President Donald Trump, whom the American Bar Association deemed unqualified for the job, has come under sharp questioning in the Senate.
Tabbed by Donald Trump to fill a vacancy on the Court of
Appeals for the Eighth Circuit, Leonard Steven Grasz was dealt a rare
rebuke from the ABA. The legal organization voted 14-0 to label Mr Grasz
“not qualified”, with one member abstaining.
Democrats were not about to let him forget it.
“I assume you’re keenly aware that you are the first circuit
court nominee since 2006 to receive a unanimous not qualified rating”,
Rhode Island Democrat Sheldon Whitehouse said.
“That is my understanding, Senator”, Mr Grasz replied, though he said “I do respectfully disagree with the result”.
The ABA gave Mr Grasz a failing grade after interviewing
hundreds of lawyers and judges who had interacted with him, according to
a lengthy statement
from the chair of the organization’s Standing Committee on the
Judiciary. There was a recurring theme: they said his political beliefs
would make him unable to be impartial.
“They expressed the view that he would be unable to separate
his role as an advocate from that of a judge”, the statement said,
noting his “deep connection and allegiance to the most powerful
politicians in his state” and citing questions about “whether Mr. Grasz
would be able to detach himself from his deeply-held social agenda and
political loyalty to be able to judge objectively, with compassion and
without bias”.
Those biases include a long record of opposing abortion
rights, Democratic senators charged, and critics argue Mr. Grasz has
fought to stifle LGBT rights. Minnesota Democrat brought up a Mr. Grasz
authoring a legal opinion that warned about the “grave danger” of
Nebraska recognizing same-sex marriages.
His detractors note that he served on the board of a
socially conservative organization, the Nebraska Family Alliance, that
questioned same-sex marriage and promoted
discredited “gay conversion therapy”. Mr. Grasz deflected senators
questions about whether he shared the organization's beliefs, though he
acknowledged that “I've never repudiated any of its views”.
Republican senators brushed off the ABA’s skepticism, which
Nebraska senator Deb Fischer called “baseless political character
association”. Her colleague, Ben Sasse, argued that a judges are adept
at discarding their political beliefs when they issue rulings.
“If Steve wanted to advance a policy agenda, I’m confident he would have run for office”, Mr Sasse said.
Some argued that the ABA itself was biased. Mr Whitehouse
sought to rebut that point, noting that the organization had deemed
qualified 40 of Mr Trump’s 42 judicial nominees so far.
It would be hard for the committee to ascribe the outcome in
this case to a general partisanship of the ABA process”, Mr Whitehouse
said.
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