[Congressional Record Volume 163, Number 177 (Wednesday, November 1, 2017)]
[Senate]
[Pages S6945-S6947]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE CALENDAR
The PRESIDING OFFICER. The clerk will report the nomination.
The senior assistant legislative clerk read the nomination of Allison
H. Eid, of Colorado, to be United States Circuit Judge for the Tenth
Circuit.
The PRESIDING OFFICER. The Senator from Colorado.
Mr. GARDNER. Mr. President, I rise today to add my voice and my
strong support for the confirmation of Colorado Supreme Court Justice
Allison Eid as the next U.S. court of appeals judge for the Tenth
Circuit Court, which, of course, is housed in Denver, CO.
There is no doubt that Justice Eid is superbly qualified for this
position. For the past decade, she has served Colorado as a justice on
the supreme court. In 2008, Justice Eid was overwhelmingly retained by
the people of Colorado. We have a system where every decade the voters
of Colorado vote to retain or dismiss a judge, and every time that has
come before the people of Colorado, she has been overwhelmingly
retained by the people of Colorado.
Prior to her appointment, Justice Eid represented the State of
Colorado before the State federal courts as our State solicitor
general. She served as a tenured member of the faculty at the
University of Colorado Law School, where she taught courses in
constitutional law, legislation, torts, and she has published scholarly
articles on topics such as constitutional federalism and tort law, in
addition to being a clerk on the Supreme Court. She also practiced
commercial and appellate litigation at the Denver office of the
national law firm Arnold and Porter.
She began her legal career as a clerk to Judge Jerry E. Smith on the
U.S. Court of Appeals for the Fifth Circuit. Her law experience took
her to the U.S. Supreme Court under Clarence Thomas. Prior to attending
law school, Justice Eid was a special assistant and speechwriter for
the U.S. Secretary of Education, Bill Bennett. She received her law
degree from the University of Chicago Law School, where she was the
articles editor of the Law Review. She graduated with high honors and
as a member of the Order of the Coif. She received her degree in
American studies from Stanford University, graduating with distinction
as a member of Phi Beta Kappa.
What her resume clearly shows is that whatever Justice Eid does, she
does it at the highest level, with the best results. She has
specialized knowledge of federalism, water law, and Indian law, among
other important areas of the law. Indeed, the National Native American
Bar Association has even noted that she has ``significantly more
experience with Indian law cases than any other recent Circuit Court
nominee.''
We have had some pretty doggone good circuit court nominees in the
past, including Justice Neil Gorsuch, whose seat she will be filling on
the Tenth Circuit Court. These are concepts that are critical to my
home State of Colorado, and her expertise will prove to be invaluable
to the Tenth Circuit Court, as well as to the Nation and the people of
this country.
But as impressive as her credentials are, it is her demeanor and her
approach to the law that make her ideally suited for the court. Justice
Eid has been called a ``mainstream, commonsense Westerner.'' She is
also, as her former law clerks have noted, ``fiercely independent,''
and she will decide cases ``as she believes the law requires.'' At the
same time, she seeks out different viewpoints and wants to understand
all sides of the issue she addresses.
That is the law professor I know from my days at the University of
Colorado School of Law. I can say from that experience that while
Justice Eid has her perspectives on the law, she cares very deeply
about robust debate and hearing the views of others. And I know from my
classmates who had Justice Eid as their professor--those classmates
didn't always agree with her perspectives, but Justice Eid was open to
their debate and hearing their views. She engaged them, and she was
never biased against differing perspectives but always applying the law
as the law required, not as opinions suited.
I also know that ``fiercely independent'' jurist whom her former
clerks spoke so highly of. Justice Eid will follow the law regardless
of the popular wind, regardless of personal opinion. Whether
considering the plain meaning of a statute, discerning the proper role
of the courts, the legislative branch, or the executive and its
agencies, or evaluating the relationships between the Federal
Government and the States, Justice Eid will side with what the law
says, and she will do it in that commonsense, western way that clearly
and articulately tells the American people what the law is.
I am privileged to know Justice Eid. I have known her for a number of
years now from my days as a student at the University of Colorado
School of Law and through her work in the State of Colorado at the time
that I served in the State legislature. She is an incredible human
being with a delightful demeanor that will suit the court well.
Mr. President, I ask unanimous consent to have printed in the Record
several letters in support of Justice Eid's nomination: a letter to
Chairman Grassley and Ranking Member Feinstein from former law clerks
of Justice Eid's, as well as a letter from various supporters in
Colorado and one letter from the Southern Ute Indian Tribe.
There being no objection, the material was ordered to be printed in
the Record, as follows:
July 13, 2017.
Dear Chairman Grassley and Ranking Member Feinstein: We are
all of Justice Eid's former law clerks (except those
currently clerking for a federal judge and not permitted to
sign) since she began her tenure on the Colorado Supreme
Court in 2006, and we write to give our fullest support to
her nomination to be a judge on the United States Court of
Appeals for the Tenth Circuit. We come from a diverse set of
geographic, economic, cultural, and political backgrounds,
yet we are united in our belief that Justice Eid is a jurist
and a person of the highest caliber and character. We have
each learned so much from her.
Justice Eid was raised by a single mother in Spokane,
Washington under challenging circumstances, after her father
abandoned her family. Justice Eid began college at the
University of Idaho, but with the support and encouragement
of her mother and a professor there, Justice Eid transferred
to Stanford University where she graduated with distinction
and was a member of the Phi Beta Kappa honor society. After
Stanford, she served as a speechwriter to President Ronald
Reagan's Secretary of Education, William Bennett, and then
went on to attend the University of Chicago Law School, where
she served as Articles Editor on the Law Review, graduated
with High Honors, and was elected Order of the Coif. Justice
Eid began her legal career as a law clerk for Judge Jerry
Smith on the United States Court of Appeals for the Fifth
Circuit. She then served as a law clerk to Justice Clarence
Thomas on the United States Supreme Court.
In private practice at Arnold and Porter following her
clerkships, Justice Eid practiced both commercial and
appellate litigation for a variety of clients. She departed
private practice and joined academia where she became a
tenured professor at the University of Colorado Law School,
teaching Legislation, Constitutional Law, and Torts, and
serving as the faculty clerkship advisor. During her time at
the University of Colorado, Justice Eid continued her service
in
[[Page S6946]]
the Colorado legal community as President of the Colorado
Association of Corporate Counsel. In 2005 she was appointed
by Colorado Attorney General John Suthers to serve as the
Solicitor General of Colorado. One year later, Governor Bill
Owens appointed Justice Eid to the Colorado Supreme Court
where she has served for 11 years and was successfully
retained by the voters of Colorado on a statewide ballot.
As law clerks we had the distinct privilege and opportunity
to learn by observing Justice Eid throughout her decision
making process. We learned that she never fails to provide
her full attention and dedication to each individual case,
mastering the relevant facts and carefully analyzing the law,
whether the text of a statute or the words of a contract. As
Justice Eid is so fond of saying, she ``goes where the law
takes her.'' In other words, she treats each case
individually without any preconceived notion of desired
outcome.
As young lawyers, we took particular note of the respect
that Justice Eid shows the parties and their attorneys both
in her written work product and during oral argument. We also
observed her belief in the importance of respect and
collegiality with her colleagues, particularly during times
of disagreement. Her chambers are always open, and she wants
to hear different viewpoints (even ours), but she remains
fiercely independent, ultimately deciding cases as she
believes the law requires. And her opinions do just that--in
clean and succinct prose, time and again, Justice Eid
resolves the dispute between the parties and announces a
clear rule of law that can be readily discerned by future
litigants. Her majority opinions in particular are a
testament to the care, dedication, and consensus-building
attitude she brings to her role as a Judge.
While serving as a Justice on the Colorado Supreme Court,
Justice Eid has continued to teach at the University of
Colorado. She also serves as the Chair of the Supreme Court
Water Court Committee, which works to identify rule and
statutory changes to achieve efficiencies in water court
cases, while maintaining quality outcomes for all. Justice
Eid was appointed by Chief Justice John Roberts to serve on
the Federal Advisory Committee on Appellate Rules--a
prestigious appointment where she has served alongside
federal judges, law professors, and lawyers to craft
revisions to the Federal Rules of Appellate Procedure--and by
President George W. Bush to the Permanent Committee for the
Oliver Wendell Holmes Devise (an organization that writes the
history of the United States Supreme Court and sponsors the
Oliver Wendell Holmes Lecture).
Justice Eid is active in her community and church, and as
the mother of two children, Justice Eid has also been
involved in her children's school over the years. In addition
to her service on the Colorado Supreme Court, these other
responsibilities connect her to the Colorado community,
specifically the challenges and issues facing citizens of
this State and will allow her to bring an important
perspective and diverse set of experiences to the United
States Court of Appeals for the Tenth Circuit.
Her qualifications to serve are unparalleled and speak for
themselves. At each stage of her education and career Justice
Eid has excelled at the highest levels and has received
praise, awards, and the utmost respect of her colleagues and
those who have worked for her. This is in no small part due
to her incredible work ethic and her leadership by example.
And we as law clerks have carefully observed and learned from
her simultaneous and unfaltering commitment to both her
family and her position on the Colorado Supreme Court.
We close by reflecting on our fond memories of our
experiences as law clerks under Justice Eid, whether it was a
lunch to celebrate a birthday, officiating numerous of our
weddings, or the annual holiday and summer parties that she
hosts. We all remember the genuine interest and support
Justice Eid provided to us as people and new lawyers. We will
never forget her heartfelt appreciation for our hard work and
the care and time she has taken to guide us through our
clerkships and beyond. She has been an important and
steady mentor in each of our lives. We urge the Senate to
take swift action on her nomination and are available to
speak to any member or their staff about Justice Eid and
her qualifications to serve on the United States Court of
Appeals for the Tenth Circuit.
Sincerely,
Marie Williams, Clerk for Justice Eid, 2006-07; Holly E.
Sterrett, Clerk for Justice Eid, 2006-07; Jared Butcher,
Clerk for Justice Eid, 2007-08; Clark Smith, Clerk for
Justice Eid, 2008-09; Kate Field, Clerk for Justice Eid,
2009-10; Tim Zimmerman, Clerk for Justice Eid, 2010-11; Lee
Fanyo, Clerk for Justice Eid, 2011-12; Jon Gillam, Clerk for
Justice Eid, 2011-12; Jake Durling, Clerk for Justice Eid,
2012-13; Doug Marsh, Clerk for Justice Eid, 2013-14; Jamen
Tyler, Clerk for Justice Eid, 2014-15; Ben Fischer, Clerk for
Justice Eid, 2014-15; Chris Chrisman, Clerk for Justice Eid,
2006-07; Catherine Bazile, Clerk for Justice Eid, 2007-08.
Katie Yarger, Clerk for Justice Eid, 2008-09; Sara Rundell,
Clerk for Justice Eid, 2009-10; Maranda Compton, Clerk for
Justice Eid, 2010-11; Trina Ruhland, Clerk for Justice Eid,
2010-11; Victoria Cisneros, Clerk for Justice Eid, 2011-12/
2012-13; Kate Cahoy, Clerk for Justice Eid, 2012-13; Lidiana
Rios, Clerk for Justice Eid, 2013-14; Ayesha Lewis, Clerk for
Justice Eid, 2013-14; Matt Mellema, Clerk for Justice Eid,
2014-15; Emma Kaplan, Clerk for Justice Eid, 2015-16; Julie
Hamilton, Clerk for Justice Eid, 2016-17; Rob Rankin, Clerk
for Justice Eid, 2016-17; Mairead Dolan, Clerk for Justice
Eid, 2016-17.
____
July 27, 2017.
Re Support for the Confirmation of Justice Allison Eid to the
Tenth Circuit Court of Appeals.
Dear Senators Bennet and Gardner: As members of the
Colorado legal community, we are proud to support the
nomination of Justice Allison Eid to serve as a Judge on the
Tenth Circuit Court of Appeals. We hold a diverse set of
political views as Democrats, Republicans, and Independents.
Our practices range from litigation, including both
plaintiffs' and defense work, to transactional work to
administrative law to child welfare advocacy and from
employment law to water rights and from government affairs to
minerals development, immigration, healthcare, law
enforcement, environmental justice, federal Indian law and
civil rights. This incredibly diverse group of attorneys
agrees on one thing: we all agree that Justice Eid is
exceptionally well qualified and should be confirmed.
We know Justice Eid to be a person of integrity,
professional competence, and judicial temperament. She has
received the highest possible `Well Qualified' rating from
the American Bar Association. Her private practice work,
scholarship, law teaching, and service as Colorado's
Solicitor General have all demonstrated her superb abilities
over many years. Her service on the Colorado Supreme Court
has earned her a reputation as an excellent jurist. Her
strong work ethic is renowned. She is a preeminent member of
the legal profession, not only in Colorado, but in the United
States more broadly, with outstanding legal ability and
exceptional breadth of experience. We also know her to be a
compassionate and caring person, deeply involved in the
broader community and called to service, not only in her day
job, but through her extensive volunteerism toward the
betterment of the profession. Throughout her tenure on the
bench, she has hired numerous diverse law clerks and
continuously sought to ensure that the diverse voices of
Coloradoans are heard, evincing a very strong commitment to
diversity and inclusion. We are excited to see her bring her
spirit and skill set to the Tenth Circuit.
We ask that Colorado's Senators join together and support
this very highly qualified nominee from Colorado. We believe
it is an exceptional moment to confirm Justice Eid as the
first Colorado woman to serve on the Tenth Circuit.
Respectfully,
Sarah J. Auchterlonie, Franklin Azar, Naomi Beer, Michael
Bender, Heath Briggs, Geraldine Brimmer, Scott Campbell,
Richard Cunningham, Stanton Dodge, Caleb Durling, Jacob
Durling, John Echohawk, David Fine, Jeremy Graves, Melissa
Hart, Ellen Herzog, Neal Katyal, Martin Katz, Robert Kaufman,
Kenzo Kawanabe, Kevin Kuhn.
Liz Krupa, Bradley A. Levin, Cedric D. Logan, Monica
Loseman, Victoria E. Lovato, Rebecca Love Kourlis, Cynthia
Mares, Michael E. McLachlan, Mary Mullarkey, Marc Musyl,
Habib Nasrullah, Chris Neumann, Neil Oberfeld, Angelica
Ochoa, Michael O'Donnell, Michele On-ja Choe, Peter Ortego,
David Palmer, Joseph A. Peters, Richard Petkun, John
Posthumus.
James Prochnow, Lee Reichert, Harriet McConnell Retford,
Tom Sansonetti, Cliff Stricklin, Trent D. Tanner, Robert S.
Thompson, III, Lorenzo Trujillo, John Voorhees, John Wahl,
Rebecca Watson, Dee Wisor, Jennifer Weddle, Kristin White,
Heather Whiteman Runs Him, Evan Williams, David B. Wilson,
Maureen Witt, David Yun, John Zakhem.
____
Southern Ute Indian Tribe,
Ignacio, CO, July 21, 2017.
Re Support for Confirmation of Colorado Supreme Court Justice
Allison Eid to the Tenth Circuit Court of Appeals.
Dear Chairman Grassley and Ranking Member Feinstein: The
Southern Ute Indian Tribe is writing in support of the
confirmation of Colorado Supreme Court Justice Allison Eid to
the United States Court of Appeals for the Tenth Circuit.
Justice Eid's considerable qualifications for this
prestigious appointment are not in question. As a Colorado
Supreme Court Justice, Justice Eid has demonstrated expertise
in a broad spectrum of legal matters including the field of
federal Indian law. Justice Eid's judicial record evidences
her understanding of tribal sovereignty and other matters
that are acutely important to the Tribe. Because these
matters are often resolved in the Supreme Court following a
decision in a federal appellate circuit in the West, it is
critical that the judges on those circuit courts possess a
working understanding of Indian law issues. Because she is
well-versed in the established principles of federal Indian
law, as well as many other areas of the law, the Tribe
supports the nomination of Justice Eid.
Sincerely,
Clement J. Frost,
Chairman.
Mr. GARDNER. Mr. President, I wish to spend some time talking about a
letter dated July 27, 2017. This letter was sent to me and my
colleague, Senator Bennet from Colorado. This letter was titled
``Support for the Confirmation of Justice Allison Eid to the Tenth
Circuit Court of Appeals,'' which I have
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submitted for the Record, but I want to highlight some of the people
who have signed this letter because when it comes to the courts and
nominations, I think it is very important that we listen to the voices
of those people who are closest to the court over which the nominee may
be presiding. It is also important that those who are closest to a
practicing lawyer provide their opinions of a lawyer who has been
nominated for the bench who is not already on the bench.
In the case of Justice Eid's supporters, there is an incredible list
of people from across the political spectrum--both sides of the aisle--
supporting Justice Eid. Let me talk about a few of Justice Eid's
supporters, because we will hear a lot of debate about groups who
support or oppose Justice Eid, but the people who know her the best,
the people who have practiced before her court, the people who have
worked with her over the many years of public service that she has
provided don't just fall on the Republican side of the aisle or the
Democratic side of the aisle, the support she has gathered is from
across the political spectrum.
There is Michael Bender, former Colorado Supreme Court justice;
Justice Rebecca Love Kourlis, one of the most respected jurists in
Colorado, who served on the State supreme court and is one of the most
highly regarded justices not only in Colorado but across the country,
quite frankly; Justice Mary Mullarkey. Justice Mullarkey is no longer
on the Colorado Supreme Court, but she served as the chief justice of
the Colorado Supreme Court. She was appointed by a Democratic Governor.
She is someone who believes Justice Eid would be an incredible addition
to the court. There is Neal Katyal, a former Department of Justice
civil servant for the Obama administration--a U.S. Solicitor General,
in fact. If we look at the other supporters she has, we see that
Melissa Hart, who has run for office as a Democratic candidate,
supports the nomination and confirmation of Justice Allison Eid.
As you can see, the Tenth Circuit has an incredible nominee before it
whom I hope this body will soon confirm. I urge my colleagues to move
quickly during this cloture time so that we can actually approve
somebody who I know will do an outstanding job. I urge their support. I
hope we will do our duty under our Constitution to select those people
who will be guarding the Constitution and do it in a way that we can
all be proud of. That is why I support Allison Eid.
I yield the floor.
The PRESIDING OFFICER. The Senator from Rhode Island.