Posted on 07/13/2018 2:47:36 PM PDT by JeepersFreepers
In the face of opposition from a majority of Republicans, Texas Sen. John Cornyn partnered with Democrats yesterday to confirm a judicial nominee with a checkered past.
Mark Bennett was confirmed to the San Francisco-based Ninth Circuit Court of Appeals with 27 members of the 51-member Senate Republican Caucus voting against him.Opposition to Bennett’s confirmation was led by Texas Sen. Ted Cruz, who grilled him for liberal positions he took while serving as Hawaii’s Attorney General.
“[Bennett] was an aggressive advocate, as attorney general, for gay marriage. He was an aggressive advocate demonstrating hostility to the First Amendment and political speech,” said Cruz in a Senate Judiciary hearing. “Most significantly, he has been an aggressive advocate for undermining the Second Amendment.”
As Hawaii’s attorney general, Bennett signed on to amicus briefs opposing conservative outcomes in two critical cases, DC v. Heller and Citizens United v. FEC.
In Heller, Bennett opposed the individual right to keep and bear arms. Efforts to uphold gun rights were led in part by Cruz who was serving at the time as Texas’ Solicitor General. In contrast to Bennett, who argued in favor of Washington DC’s ban on handguns, Cruz worked with then-Texas Attorney General Greg Abbott to uphold the Constitution.
“Taking the position in the Heller case that the Second Amendment protects no individual right to bear arms whatsoever—In my judgement that is an extreme position,” said Cruz. “It is grossly inconsistent with the text and original understanding of the Second Amendment and, so, I can’t, in good conscience, vote to confirm him for a lifetime position as a court of appeals judge on the ninth circuit.”
Though only Cruz and Sen. Ben Sasse of Nebraska voted against Bennett in the Judiciary Committee, their efforts on the Senate floor were bolstered by pro-Second Amendment organizations including the National Association for Gun Rights and Gun Owners of America. (The establishment-friendly NRA was mum on Bennett’s nomination.)
Cruz was successful in getting a majority of Republicans in the US Senate to vote against Bennett’s confirmation, showcasing Cruz as perhaps better at rallying Republican votes than the official Republican whip, Sen. John Cornyn.
Then again, perhaps Cornyn was whipping the votes of Senate Democrats. All 49 of them joined Cornyn in voting to confirm Bennett while lavishing him with praise.
It is a disappointment that President Trump would even nominate Bennett. Especially as the US Senate prepares to vote on a replacement to retiring Supreme Court Justice Anthony Kennedy, Bennett’s confirmation in the face of majority opposition from Republicans should be a reminder that Americans must hold lawmakers accountable for the judges they place on the courts.
Why would Trump nominate this guy? And why would turtle alow a vote if a majority of repubs was against him? something does not add up here.
Oh well, Trump may get one or two judges wrong, once in a while. I’ll still take him over Hillary, any day!
How did this guy get Nominated in the first place?
These Nominations come from POTUS Trump. Did his Staff fill him in on this guy’s Liberal Record?
Dang we were close last time of getting rid of Cornyman. What an empty suit and disgrace to Texas having him up at the cesspool representing Texas.
Ping.
No excuses, Bob. No reason to nominate a turd.
Maybe Trump thought it was the best they could do with California.
Considering that Texas has bedn sending Cornyn to DC for decades; I have decided the hype about no nonsense Texans is plain old Texas BS.
Mark Bennett -a dreadful pick. Who the the hell picked this guy for trump? Anti 2nd, militant Gay Marriage advocate WTH?
This is a reminder that no person is perfect.
Not President Trump, who nominated this guy (albeit, probably on someone else’s recommendation...but this is a CIRCUIT COURT nomination - a very critical position!).
And most certainly not Senator John Cornholio, who proves that people are not perfect for 5 out of every 6 years (during election years, he’s perfect in political terms). I despise him for the Establishment RINO jackass that he is, and only vote for him in the general election because I cannot stomach the idea of a Dem representing me (I had my fill of that in New Jersey, enough for 10 lifetimes).
Good question. All I can say is that Trump relies heavily on his staff for lesser appointments and cannot vet them all personally.
These militant homosexual judges need to be purged from all positions of power. They are the worst type to have on the court.
Fudge packers always think about when their next homosexual encounter with children will occur. This is why they cannot be allowed to be anywhere near government jurisprudence.
I am sure Trump looks very carefully at SCOTUS picks, but not as much at lower levels. He has only so much time. Whatever vetting assistance he has failed in this case.
Fair point - it would be interesting to find out just how he got nominated. I doubt Trump goes through them personally, so something must have broken down there.
Probably someone recommended by his lib Federal Judge sister or Ivanka. I love Trump but sometimes he relies a bit too much on the advice of his family and inner circle and doesn't do the homework on the nominee himself. As for McConnell, I don't think he cares, if the Judge is ok with the establishment, it's fine with him as well.
So, was Bennett confirmed by the full Senate or not?
Cornyn is a Bush League Republican.
He should be Cantorized at the next opportunity.
Yes. Thanks to democrats joining with liberal republicans
Hawaii has 2 Democratic senators, maybe this was the price to pay for getting a blue slip. Though that would make more sense for a District Court nomination rather than the 9th Circuit spans several states. Despite the elimination of the filibuster, there is still some horse trading that occurs on judicial nominations.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.