Says Obama's picks for six federal judgeships do not represent Georgia's demographics, values
By R. Robin McDonald
Daily Report, January 7, 2014
A Georgia Democrat in the U.S. House of Representatives is seeking
permission to testify at the Senate confirmation hearings for six
nominees to federal judicial posts in Georgia, saying outraged
constituents claim the candidates "are unrepresentative of the
demographics and values of the state."
Rep. David Scott, whose
13th District includes parts of Clayton, Cobb, DeKalb, Douglas, Fulton
and Henry counties, called the selection process "an abomination" for
remaining secret until an announcement was made the Friday before
Christmas, "an opportune time to avoid negative publicity,
In a
letter delivered Friday to Senate Judiciary Committee Chairman Patrick
Leahy, D-Vt., Scott asked to testify at hearings for two nominees for
the U.S. Court of Appeals for the Eleventh Circuit and four other
candidates for posts in the Northern District of Georgia. Scott's goal:
to share "very important and critical background information" with the
committee about the nominees themselves as well as how the state's
congressional Democrats were "shut out from any input in the selection
process by the White House."
He wrote, "We must not allow
lifetime appointed judges to be rammed through the hearing process
without sufficient input from the people who will be affected by their
future judicial actions."
Scott's letter to Leahy also indicated
that confirmation hearings for Georgia's nominees could begin soon. A
committee spokeswoman could not be reached for comment.
Scott's
letter was sent two weeks after he and fellow House Democrats from
Georgia, John Lewis and Hank Johnson, called on President Barack Obama
to withdraw the nominations. They argued that the slate of candidates
lacked diversity, as only one of the six is an African-American. They
also claimed the majority of the candidates failed to reflect a more
progressive judicial philosophy.
At a Dec. 23 news conference,
Lewis said he was prepared to testify against two of the president's
district court nominees, Judge Michael Boggs of the Georgia Court of
Appeals and Troutman Sanders partner Mark Cohen. "It's not too late to turn this train around," Lewis said.
Lewis later told a USA Today columnist, "It's not easy to stand up to
your president and say you got it wrong. But we've got to look beyond
the next three years. These people are going to get a lifetime
appointment."
Lewis' spokeswoman could not be reached Monday for comment.
Michael Andel, Scott's chief of staff, told the Daily Report on Monday
that Scott's desire to testify against a Democratic president's nominees
"is unusual. I don't know if it's happened before." Scott was prompted
to do so, he said, by a groundswell of outrage and concern from
constituents following the White House's Dec. 19 announcements.
The White House has nominated U.S. District Chief Judge Julie
Carnes, who was appointed to the federal bench by President George H.W.
Bush, to the U.S. Court of Appeals to the Eleventh Circuit. She joins
nominee Jill Pryor, a partner at Atlanta's Bondurant, Mixson &
Elmore whose nomination has been stalled for nearly two years.
In
addition to Cohen and Boggs, who was appointed to the Court of Appeals
by Republican Gov. Nathan Deal, the White House also nominated Leigh
Martin May—a partner at Butler, Wooten & Fryhofer—and DeKalb County
State Court Judge Eleanor Ross, who is also a Deal appointee and the
only African-American nominee.
The slate of nominees was a
compromise the White House carved out with Georgia's two Republican
senators, Saxby Chambliss and Johnny Isakson, who blocked Pryor's
nomination by refusing to return blue slips to the Judiciary Committee, a
Senate courtesy that gives senators virtual veto power over their home
state's judicial nominations and one that Leahy scrupulously follows.
Chambliss and Isakson also refused to return blue slips for attorney
Natasha Perdew Silas, a public defender whom the president had nominated
along with U.S. Magistrate Judge Linda Walker as part of an earlier
package deal to fill two vacancies on Northern Georgia's District Court.
The nominations of the two women, both African-Americans, were
withdrawn by the president at the end of 2011.
The president
announced the newest nominations despite concerns that Scott and
Georgia's other four Democratic congressmen had raised in a letter to
the White House last September and in a subsequent meeting with White
House counsel Kathryn Ruemmler. At that meeting, Scott told the Daily
Report on Monday, the congressmen were informed that "the deed was
done."
Scott said Monday that he expects Lewis, to whom the
president awarded the Presidential Medal of Freedom in 2011, will join
him in testifying at the confirmation hearings along with the Rev. C.T.
Vivian and the Rev. Joseph Lowery, whom the president also has presented
with the freedom medal for their civil rights work.
Scott said
that if Leahy grants him permission to testify, he intends to talk about
Boggs' voting record as a former Democratic state legislator from
Waycross. Scott singled out Boggs' 2001 vote not to change the state's
flag, which then was embedded with the Confederate battle emblem.
He also pointed to the former legislator's votes authorizing a
constitutional amendment to ban same-sex marriage in Georgia; his
cosponsorship of legislation requiring parental notification before
young women could obtain an abortion; and his support of special "Choose
Life" auto tags.
The congressman also took issue with Cohen's
defense of the state's voter photo ID law as a special assistant state
attorney general, calling it a form of voter suppression. Cohen, a
former assistant attorney general and former counsel to Democratic Gov.
Zell Miller, was hired to defend the law by the state's first black
attorney general, Thurbert Baker.
"These attitudes … are not
reflective of the population of Georgia," Scott insisted. "For the
president of the United States to put these people in these lifetime
positions is wrong. … This is a bad deal; a terrible, tragic mistake."
Boggs and Cohen have not responded to the criticism, the standard
protocol required by the White House for judicial nominees. They could
not be reached for comment on Monday.
Scott said that since the
president "capitulated" to the state's Republican senators, he is
turning to the Senate Judiciary Committee for help in short-circuiting
at least some of the nominations while protesting a deal in which the
state's Democratic congressional delegation "had no say and on top of
that were shut out."
"Sometimes it's better to have these
positions vacant than to put people in with prejudiced opinions against
African-Americans, against gay people, against women's reproductive
rights," Scott said. "These attitudes are not reflective of the
population of Georgia."
"We cannot allow, to sit on the courts
for life, people who believe in the Confederate flag in this day and
time" with the hatred and bigotry it has come to symbolize, he added.
"It can't stand. Georgia is better than that."
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