Confirmation hearing

Democrats raise alarm on Senate judicial confirmation hearing

By SEUNG MIN KIM

The Senate Judiciary Committee is plowing ahead with confirmation hearings for two of President Donald Trump’s nominees to the federal courts next week, almost certainly without formal ratings from the American Bar Association — a move infuriating Democrats who say the nonpartisan group needs more time to rate Trump’s judicial candidates.

The nominees are Timothy J. Kelly and Trevor McFadden, both picked to serve as federal judges for the D.C. district. Trump formally nominated the two on June 7, and their confirmation hearing is scheduled for next Wednesday.

That timeline won't give the American Bar Association enough time to conduct formal evaluations, which usually take about 35 days. An ABA spokesman said Thursday while the association always aims to finish the evaluations by the confirmation hearing, "the ABA does not have adequate time for its careful review" on Kelly and McFadden because of the truncated time frame.

“We’re disappointed that the Senate Judiciary Committee plans to hold a nomination hearing for two district court nominees before the American Bar Association will be able to complete their independent nonpartisan evaluations,” all nine Democrats on the Judiciary Committee, led by Sen. Dianne Feinstein of California, said in a joint statement Thursday.

The Democrats urged Judiciary Committee Chairman Chuck Grassley (R-Iowa) not to hold hearings until the ABA has provided their ratings of judicial nominees.

“The Senate Judiciary Committee has an obligation to thoroughly vet nominees for these lifetime judicial appointments,” the Democrats added. “Reviewing potential judges and ensuring they are qualified is one of our most important responsibilities. A nominee’s ABA rating is an important part of that process.”

Trump secured the most high-profile win of his young presidency with the successful confirmation earlier this year of Neil Gorsuch to the Supreme Court. He still has more than 100 vacancies to fill in the lower courts that will dramatically reshape the federal judiciary.

Democrats have increasingly raised alarms that Republicans are doing away with standard protocol when it comes to Trump's judicial candidates.

The GOP invoked the "nuclear option" to eliminate the 60-vote threshold for Supreme Court nominees in order to confirm Gorsuch, although the Democrats had done the same for all other nominations four years ago. Republicans have also hinted that the so-called "blue slip" rule — a longstanding custom that hearings aren't scheduled for judicial candidates without the consent of their home-state senators — could be done away with for circuit court nominees.

A Grassley spokesman noted that of the judicial nominations Trump has sent to the Senate, some have already garnered "well qualified" ratings from the ABA, including Joan Larsen for the 6th Circuit Court of Appeals and Amy Barrett for the 7th Circuit.

"But the home-state senators apparently need more time to review them," spokesman Taylor Foy said. "So the committee is moving forward with other nominees, as it has in the past."

Even if a nominee gets a "well qualified" rating from the ABA, that doesn't mean senators will automatically support him or her. For instance, Gorsuch got the "well qualified" label — the highest rating available from the ABA — but most Democrats opposed him. As did now-6th Circuit Judge Amul Thaper, who was confirmed on a party-line vote in May.

The American Bar Association usually works with each administration to evaluate judicial candidates, but the White House told the group earlier this year that it will not follow the tradition — a practice held by every president except President George W. Bush since the 1950s.