Beth Robinson (L) and Jennifer Sung (R) testify before the Senate Judiciary Committee, Sept. 14, 2021. REUTERS via Senate Handout

U.S. Senate panel advances 2nd Circuit nominee, divides over 9th Circuit pick

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Oct 21 (Reuters) – A U.S. Senate panel on Thursday break up evenly in a vote on the nomination of Oregon lawyer Jennifer Sung to a federal appeals court docket, complicating her affirmation course of as Republicans renewed criticism of her for signing a letter opposing Brett Kavanaugh’s U.S. Supreme Court docket nomination that referred to as him “intellectually and morally bankrupt.”

The U.S. Senate Judiciary Committee deadlocked 10-10 on partisan traces in recommending Sung for a seat on the San Francisco-based 9th U.S. Circuit Court docket of Appeals. The panel voted 10-9 for Beth Robinson to hitch the New York-based 2nd U.S. Circuit Court docket of Appeals.

The panel’s divided vote on Sung means the Senate should first vote to discharge her nomination from the judiciary committee earlier than any full consideration of her nomination can start.

Sung and Robinson are amongst President Joe Biden’s 53 judicial nominees thus far. Democrats have been speeding to verify them whereas they keep their slim management of the Senate to form the judiciary and produce higher range to the bench.

Throughout a Sept. 14 listening to that includes each nominees, Republicans directed many inquiries to Sung, who has served on the Oregon Employment Relations Board since 2017 and earlier than that was a companion on the labor regulation agency McKanna Bishop Joffe.

Sung was nominated to fill a emptiness that can be created as soon as U.S. Circuit Decide Susan Graber, a Clinton appointee, takes senior standing.

Republicans throughout that listening to, and once more on Thursday, zeroed-in on an open letter Sung signed together with different Yale Regulation Faculty graduates in 2018 criticizing rulings from Kavanaugh whereas he was on the U.S. Circuit Court docket of Appeals for the District of Columbia Circuit.

The letter, which was printed the day after President Donald Trump nominated Kavanaugh to the Supreme Court docket, referred to as him an “intellectually and morally bankrupt ideologue” and stated “people will die if he is confirmed.”

Sung throughout final month’s listening to apologized for signing the letter, saying it contained “overheated rhetoric” about her fellow Yale regulation graduate, who went on to face a blistering affirmation continuing.

“She recognized the statements made in the letter were overheated,” Illinois U.S. Senator Dick Durbin, the judiciary chairman, stated on Thursday. “She testified that she has immense respect for the authority of all Supreme Court justices, and that she recognizes the importance of faithfully following the law and precedent.”

Robinson, a justice on the Vermont Supreme Court docket, would if confirmed to the 2nd Circuit grow to be the primary brazenly LGBTQ girl to serve on any federal appeals court docket.

She would fill the seat beforehand held by U.S. Circuit Decide Peter Corridor, an appointee of Republican President George W. Bush who died in March.

She joined the Vermont state bench in 2011 after an 18-year profession at Langrock Sperry & Wool and served as co-counsel to the plaintiffs in a landmark Vermont state case that held in 1999 that same-sex {couples} had been entitled to broad authorized protections.

Throughout her look earlier than the committee, she defended her work as a plaintiffs’ lawyer arguing for marriage equality whereas saying her prior advocacy had ended.

“There’s no space for a politically oriented person on the bench,” she stated.

Learn extra:

Biden circuit nominees defend careers amid Republican criticism

Reporting by Nate Raymond in Boston

Nate Raymond

Nate Raymond experiences on the federal judiciary and litigation. He might be reached at [email protected]