On Wednesday, while the media continued to focus on the consequences of the impotence of Senate minority leader Chuck Schumer, a New York Democrat, in leading the unnecessary government shutdown of the Democrat, Republican leaders in the Senate focused on the courts. Senator Chuck Grassley, Republican of Iowa, chairman of the Senate Judiciary Committee, moved forward with hearings on President Trump's judicial candidates, including consideration of the president's candidate to serve on the US Court of Appeals for the Seventh Circuit, Michael B. Brennan.
Trump nominated Brennan to fill the seat of Wisconsin in the appeals court in early August, but Sen. Tammy Baldwin, D-Wis., Stopped Brennan's appointment by refusing to give his consent to the president's nominee. return "blue" Because "blue slips," as Grassley explained, do not serve as a "single senator's veto," Grassley moved forward with the hopeful hope of finally filling the circuit court seat that has been vacant since January. 2010, explaining:
Senator Ron Johnson returned his blue pass to Mr. Brennan. Senator Tammy Baldwin refused to return his. However, I have come to the conclusion that Mr. Brennan should receive a hearing. As I have explained, a blue negative or unreturned receipt will not necessarily prevent a Circuit Court candidate from receiving a hearing, unless the White House has not consulted the senators of the states of origin before electing the candidate.
After reviewing the registry, it is clear that the White House properly consulted with Senator Baldwin on the nomination. In addition to Mr. Brennan, the White House also considered two candidates that Senator Baldwin suggested.
While Brennan's stellar performance over the course of Wednesday's two-hour hearing should cement his confirmation, critics had already instituted a preemptive strike over his nomination. Days before the hearing, the misnamed extreme-left organization People for the American Way titled, "Advancing the nomination of Michael Brennan would mark the dangerous resignation of Trump," condemning Brennan's nomination as a violation of "a bipartisan long standing between Brennan's home. " -state Senators, Ron Johnson and Tammy Baldwin. "
Challenges for Brennan based on Baldwin's lack of a blue slip probably will not succeed, however, given Grassley's previous success in advancing David's nomination He went on to serve on the Eighth Circuit Court, without the typical blue slips of two senators, at which time Grassley countered critics' claims that he was abolishing a 100-year tradition of deferring the views of senators on judicial nominations, and last week, the Judicial Committee advanced Stras's nomination to the full Senate with 13 to 8 votes, and Stras, a former judge of the Minnesota Supreme Court, is expected to be confirmed in the next few days. 19659002] However, Liberals will probably resuscitate the landslide problem, but it will not be much more than a big fight for their base, however, it is unlikely that we will see attacks on the s Brennan ratings. Those are impeccable. Brennan, a cum laude graduate of the University of Notre Dame and a graduate of the Northwestern University School of Law, received a "well-rated" unanimous rating from the American Bar Association. And Brennan, in fact, is well qualified: after two internships in federal courts, Brennan served as prosecutor in the Milwaukee County Prosecutor's Office and then as a circuit judge, before returning to private practice.
That will leave the left with one last line of attack: that Brennan is an extreme ideologist. It is unlikely that this angle will work given the current control of Congress by the Republicans, but instead of ignoring the accusation, conservatives should take the opportunity to reject these typical guts. Brennan is an originalist, not an ideologist. And, in fact, originalists, by definition, can not be ideologists because they believe that their role is to interpret the Constitution in a manner consistent with the original understanding of the founding document, not in terms of their own preferences or inclinations. Similarly, originalists see the work of a judge interpreting the law, not superimposing their political preferences on society.
If confirmed, Brennan would follow this philosophy in the Seventh Circuit, joining other originalist judges in the Chicago-based court of appeal, such as the recently confirmed Amy Coney Barrett and her Wisconsin partner Diane Sykes. He would also greet his former boss, Circuit Superior Court Judge Daniel A. Manion, but now as a colleague.
(Disclosure: Brennan and I work together for Manion)
Margot Cleveland ( @ProfMJCleveland ) is a contributor to the Washington Examiner & # 39; s Beltway Confidential blog. She served nearly 25 years as the permanent secretary of a federal appellate judge and former full-time faculty member and current assistant professor at the business college of the University of Notre Dame.
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