[Congressional Record Volume 165, Number 43 (Monday, March 11, 2019)]
[Senate]
[Page S1751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                          Judicial Nominations

  Mr. President, this week the Senate will vote on three controversial 
nominees, including two circuit court judges: Paul Matey for the Third 
Circuit and Neomi Rao for the DC Circuit, the second most powerful 
court in the country.
  Mr. Matey's nomination, in keeping with Leader McConnell just ripping 
apart whatever bipartisanship we have left, has advanced without a blue 
slip from either home State Senator, Mr. Booker or Mr. Menendez. In 
case it wasn't clear how little Republicans care about this once-
vaunted tradition, Mr. Matey has skipped even the courtesy of meeting 
with Senator Menendez.
  Mr. Matey has never made an oral argument before a Federal Court of 
Appeals--never. He barely has any litigation experience either. He has 
spent most of his career as a political aide to Governor Christie. Yet 
he is nominated for a lifetime appointment to a circuit court of 
appeals, not even a district court, where his qualifications would 
still be questionable, but to a circuit court.
  Ms. Neomi Rao, despite her experience, might even be worse. As the 
Trump administration's regulatory czar, she has been in charge of 
rolling back consumer protections, environmental protections, and 
healthcare protections. So as a nominee for the DC Circuit, which hears 
cases on Federal regulation, Ms. Rao is hopelessly compromised. Yet she 
refused to commit to recusing herself from regulatory matters on which 
she has worked when pressed by Senator Feinstein during the Judiciary 
hearing.
  That is to say nothing of Ms. Rao's alarming views. In past writings, 
Ms. Rao has expressed skepticism about climate change, called sexual 
and racial oppression ``myths,'' and argued that independent Federal 
Agencies are unconstitutional. Perhaps worst of all, she has implied 
that sexual assault victims are to blame for the despicable crimes 
committed against them.
  Honestly, where do my Republican colleagues find these people? The 
majority party always nominates judges that have a particular bent, but 
the Trump administration's nominees, by and large, are not mainstream 
conservatives; they are rightwing ideologues, many of whom lack the 
experience, candor, and moderation that we would expect in a public 
servant, let alone a lifetime judge. For a few of these judges, the 
sole qualification is not their judicial experience, not their 
knowledge or erudition, but they are active members of the Federalist 
Society.
  I know this is what my friend the majority leader cares about: a 
hard-right bench. He doesn't care about their qualifications; he 
doesn't care about moderation; he doesn't care about representing 
middle-class people when he nominates these judges. He is running a 
conveyor belt of political partisans, many with extremely thin legal 
resumes, onto the courts. He gets a talking point for his base, but the 
quality of these nominees degrades the Federal bench and cheapens the 
cause of justice in America.
  I will vote no on both Mr. Matey and Ms. Rao, and I strongly urge my 
colleagues to do the same.