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A project tracking federal judicial nominations and courts.

Editorials and Opinion


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Sessions's AG nomination is misguided and must be stopped (The Hill, 01/10/17)
Opinion BY WADE HENDERSON AND KICA MATOS: he has worked against justice his entire life. He has prosecuted civil rights leaders for trying to register black voters and called the Voting Rights Act "intrusive." ... Sessions's views have not changed — instead, as a U.S. senator, he has continued to advance an agenda that is anti-immigrant, anti-civil rights and antithetical to our democratic values.... As recently as December, Sessions spoke for 30 minutes about why he was in favor of barring people from entering the United States because of their religion, although a bipartisan group of his colleagues have disagreed. And he continues to be opposed to the 14th Amendment's guarantee of birthright citizenship

Questions for Jeff Sessions (Washington Post, 01/10/17)
Opinion by Radley Balko: Federal judge Alex Kozinksi, a Reagan appointee, has called prosecutor misconduct an epidemic. Do you still feel that this is an issue concocted by defense attorneys? ... Can you name three examples in which you think a prosecutor abused his or her authority or engaged in misconduct? ... you have criticized nominees for government positions for, as you put it, “defending terrorists.” Do you believe that everyone facing criminal charges by U.S. prosecutors has the right to a vigorous defense — paid for by the government, if necessary? ... Do you think the libel laws should be changed as they apply to public figures?... Can you reconcile your support for property rights with your support for allowing law enforcement to take property without ever having to prove in court that the owner did anything wrong? ... Speaking of federalism, you also have some strong feelings about marijuana legalization....

Jeff Sessions' Hearing Was an Ahistorical Farce: He tried to lull us all into acceptance. (Esquire, 01/10/17)
CHARLES P. PIERCE: concern-trolling history was only one method by which the nominee made ennui his friend and ally.

Why Lawyers Are Freaking Out About Jeff Sessions as Attorney General: Trump's pick to be America's top lawyer has a nasty civil rights track record (Rolling Stone, 01/10/17)
Bridgette Dunlap: While Sessions' nomination has been met with opposition from a range of voices, there's been particular alarm in the legal community.

Jeff Sessions' support of asset forfeiture should concern you (Conservative Review, 01/10/17)
Commentary By Logan Albright: I’m talking about the issue of civil asset forfeiture, which allows law enforcement officers to seize property from those suspected of committing a crime .... Sessions has been a vocal defender of this practice .... but a cornerstone of American justice has always been “innocent until proven guilty.” When someone’s property is seized in this way, they usually never get it back, even if they are exonerated or never brought to trial.... Sessions needs to address his past support for civil asset forfeiture and other policies that concern the rights of the very citizens he will protect.

Jeff Sessions Won’t ‘Commit’ to Letting You Smoke Pot — Even Where It’s Legal Under State Law (New York Magazine, 01/10/17)
Ed Kilgore: How will this zealous soldier in the War on Drugs deal with state laws legalizing marijuana? We still don’t really know the answer, because Sessions endorsed two principles that are in conflict. ... I suppose that means Sessions believes he should go right ahead and prosecute people in the “legalized pot” states for violating federal law, but isn’t sure it is worth the trouble. ... Nobody should want their personal freedom to depend on Jeff Sessions’s idea of the best way to allocate prosecutorial resources.

Sessions is unqualified to be nation’s leading victim advocate (The Hill, 01/09/17)
BY LISALYN R. JACOBS AND RUTH GLENN: Sen. Sessions’ troubling record as both a top state and federal prosecutor, and his vote against the Violence Against Women Act of 2013, taken with his recent attempts to duck the question of whether the president-elect’s statements regarding grabbing women in the genitals without their consent constitutes sexual assault leaves us gravely concerned that he would not “vigorously or consistently,” enforce the protections of the Violence Against Women Act, including enforcing Title IX in our public schools and on our college and university campuses.

Why Sen. Collins should be concerned about Jeff Sessions’ hostility to women’s rights (Bangor Daily News [ME], 01/09/17)
Kathleen Turner: Although there’s no end to the list of reasons why Sessions is the wrong choice for U.S. attorney general, as a lifelong women’s rights advocate, I am especially concerned about the harm Sessions could do to women if he were confirmed by the Senate for this position.

Jeff Sessions Could Return Criminal Justice to the Jim Crow Era: Sessions’s extreme views on crime and punishment are a throwback to the darkest chapters in American history. (Nation, 01/09/17)
Ari Berman: “When he was attorney general, we had a horrific problem of racial bias in jury selection,” says Bryan Stevenson, the renowned civil-rights lawyer and executive director of the Equal Justice Initiative in Montgomery, Alabama. “Before Sessions took office, courts had reversed 23 cases where there had been intentional exclusion of people of color on juries and his office defended most of those cases…. He was defending the prosecutor’s conduct in the McGahee case and saying it was not unconstitutional or illegal or discriminatory despite the fact that all 24 African Americans who qualified for jury service were excluded.” Stevenson argued McGahee’s case on appeal and in 2009 the US Court of Appeals for the 11th Circuit vacated his death sentence, citing “intentional discrimination” by the prosecution and an “astonishing pattern resulting from the total exclusion of African-Americans.” When his sentence was overturned, McGahee had been on death row in Alabama for 23 years....More than any nominee for attorney general in modern American history, Sessions would be an unapologetic defender of the old Confederacy and has refused to criticize policies that stem directly from Jim Crow.

Bad Law: A look at the terrible things Jeff Sessions did as attorney general of Alabama. (Slate Magazine, 01/09/17)
Elizabeth Wydra: outside groups defending Sessions point to his two-year tenure as Alabama attorney general as a reason he should be confirmed. Look at that record closely, though, and you’ll find a legal officer with an atrocious record of holding allies, political and otherwise, accountable to the Constitution, to the law, or to basic ethical standards.... at least twice during his mere two years in office, Sessions produced legally flawed opinions that were favorable to Alabama Gov. Fob James that also, conveniently, aligned with the interests of one of Alabama’s most politically powerful and deep-pocketed organizations. That organization also happened to have spent substantial sums on, and taken credit for, electing James and Sessions to office. Years later, Sessions’ legal reasoning in these opinions was overruled by broad majorities of the Alabama Supreme Court—including in one ruling written by a Republican justice....he also cleared the way for a politically connected insurance company’s planned no-bid coverage of state road work; urged the Alabama Ethics Commission to approve corporate-funded junkets for state employees; fought successfully against seating the first black intermediate appellate court judges in Alabama’s history; and, no joke, provided formal support for a local sheriff’s use of actual chain gangs.

DOJ Headed by Sessions Threatens to Undo Decades of Civil Rights Progress (Huffington Post, 01/09/17)
Brent A. Wilkes, League of United Latin American Citizens: Sessions’ hostility toward immigration issues, voting rights issues, and civil rights protections could possibly gut many of the critical protections that vulnerable communities depend on to exercise our constitutional rights.... In addition to his xenophobic views, Sessions has also demonstrated that he is no friend to voting rights.

Some questions for Jeff Sessions (Boston Globe, 01/09/17)
Opinion by Donald K. Stern: The attorney general can and should implement the president’s broad priorities (for example, in the areas of immigration or violent crime) but must be careful that these do not dictate particular prosecutions or cases. So here are a few questions and answers I would like to see

Jeff Sessions Is Just Not in the Same League as Former Attorneys General (Nation, 01/09/17)
Nan Aron: No matter their political party, trailblazers at the Department of Justice helped presidents and the nation take major steps forward in establishing civil-rights law and protections. ... Sessions’s unequivocal record of racial insensitivity and hostility to protecting civil rights, and his extreme-right ideology, suggest he would willfully work to reverse the decades of civil-rights progress

Jeff Sessions Has a History of Blocking Black Judges: "The senator has a problem putting African Americans on the federal bench in Alabama." (Mother Jones, 01/09/17)
Pema Levy: Alabama is nearly 30 percent black, but only three African American judges have ever sat on a federal bench there. Advocates for judicial diversity in the state say that in recent decades, that's thanks largely to Jeff Sessions, the Republican senator from Alabama whom Donald Trump has nominated to be his attorney general. During his 20 years in the Senate, they say, Sessions has used his perch on the judiciary committee to block nearly every black candidate for a judgeship in his state.... The only exception to this pattern was the confirmation of Abdul Kallon, a black lawyer, to a federal district judgeship in 2009. But because Kallon replaced retiring Judge U.W. Clemon, a Jimmy Carter appointee and the first African American federal judge in Alabama, the diversity of the state's bench didn't change. ... Sessions' support of Kallon only went so far. When Obama nominated Kallon to the vacant 11th Circuit seat in February 2016, Sessions opposed his confirmation.

8 Reasons The Senate Must Reject Jeff Sessions (Huffington Post, 01/09/17)
Rev. Dr. William J. Barber II: Senator Sessions’ record suggests a remarkable consistency in support of policies that contradict and subvert the Reconstruction amendments to the U.S. Constitution, which guarantee citizenship, equal protection under the law, and the ballot to all Americans.

Combating Hate Crimes Must Be Top Priority For Trump And New Attorney General (Huffington Post, 01/09/17)
Sen. Tammy Baldwin: Unfortunately, President-elect Trump’s choice of Senator Sessions, who has opposed the expansion of federal hate crime laws, as his nominee to lead the Justice Department sends a concerning message that combating this crisis is not a priority for the incoming administration.... If Senator Sessions cannot or will not make a full commitment to act on violence borne out of hatred based on race, religion, disability, sexual orientation, gender identity or any other characteristic, then he has no place serving as America’s top law enforcement official.

Here are a few questions Sessions needs to answer before being confirmed as attorney general (Sacramento Bee [CA] , 01/09/17)
Opinion by Brian K. Landsberg: I reflect on my experience as an attorney in the Civil Rights Division of the Department of Justice from 1964 to 1986.... The Senate Judiciary Committee should explore with Sessions what policies and priorities he will adopt for the Department’s Civil Rights Division.... The American people have expressed a strong commitment to the cause of racial justice, through a series of civil rights laws. When the Senate exercises its duty to advise and consent, it must assure itself that Sessions will interpret and enforce these laws so as to promote that commitment.

Jeff Sessions, the Grim Reaper of Alabama (New York Times, 01/08/17)
Op-Ed by John J. Donohue III and Max Schoening: we learn more about Mr. Sessions’ legal mind-set from a look at the 40-plus death sentences he fought to uphold as Alabama’s attorney general from 1995 to 1997. He worked to execute insane, mentally ill and intellectually disabled people, among others, who were convicted in trials riddled with instances of prosecutorial misconduct, racial discrimination and grossly inadequate defense lawyering.

Jeff Sessions, an extremist then and now (Boston Globe, 01/08/17)
Sen. Patrick Leahy column: “Mr. Sessions is a throwback to a shameful era which I know both black and white Americans thought was in our past. It is inconceivable to me that a person of this attitude is qualified to be a US attorney, let alone a US federal judge. He is, I believe, a disgrace to the Justice Department and he should withdraw his nomination and resign his position.” (Senator Edward Kennedy, March 13, 1986) After four days of hearings and extensive testimony, Jeff Sessions’ nomination was rejected by a Republican-controlled Senate Judiciary Committee. ... also look at what the nominee has said and done since that time. When I pushed in 2009 to advance the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, a bill championed by Kennedy, it was Sessions who sought to derail it. He asserted at a Judiciary Committee hearing on the bill that he was “not sure women or people with different sexual orientations face that kind of discrimination.” When I worked across the aisle in 2013 to reauthorize and greatly expand the Violence Against Women Act to protect students, immigrants, LGBT victims, and those on tribal lands from domestic violence and sexual assault, Sessions was one of just a handful of Senate Republicans to oppose it. And in 2015, it was Sessions who led the opposition to a resolution I offered in the Senate Judiciary Committee that simply reiterated the basic principle that “the United States must not bar individuals from entering into the United States based on their religion.” My amendment was supported by an overwhelming bipartisan majority of the committee, including the Republican chairman. Sessions has repeatedly stood in the way of efforts to promote and protect Americans’ civil rights. He did so even as other members of the Republican Party sought to work across the aisle to advance the cause of living up to our nation’s core values of equality and justice

Five Questions for Jeff Sessions (New York Review of Books, 01/08/17)
David Cole: the ACLU ... rarely testifies in confirmation hearings. But we are sufficiently concerned about Sen. Sessions’s record that we have elected to depart from our usual practice and speak out—not to oppose the nomination, but to insist that the many questions about Sessions’s record must be answered before the Senate votes on his nomination. Here are five: 1. Does Sessions believe that all Americans, regardless of race, should have an equal right to vote? ... 2. How does Sessions defend his record on voting rights laws in the twenty years he has been a Senator for Alabama? ... 3. Why has Sessions so often opposed efforts to protect the rights of women and gays and lesbians? ... 4. Is Sessions prepared to treat all religions equally, and to honor the separation of church and state?... 5. Can Senator Sessions be an attorney general for all the people?

If Sessions won't defend Muslims, he's wrong AG for religious freedom (The Hill, 01/08/17)
Op-Ed by BY REV JENNIFER BUTLER AND REV JOHN L. MCCULLOUGH: How can Senator Sessions defend the religious freedom of all Americans when he has denigrated one religion in particular? ... Sessions must demonstrate the willingness to respect the dignity and rights of all Americans, and the ability to account for his past statements and behavior.

Racist or Not, Sessions Has Chosen the Wrong Side of History in the Struggle for Justice (New Yorker, 01/07/17)
Ed Kilgore: Deval Patrick may have provided a smart path. Patrick, who was an NAACP attorney before he became assistant attorney general for civil rights under Bill Clinton (and later a two-term governor of Massachusetts), has penned a letter to the Judiciary Committee that cuts through all the she-said-he-said about Sessions’s subjective racial views and focuses on one objective aspect of the Alabaman’s record that ought to be disqualifying: his 1985 “voter fraud” prosecution of the “Perry County Three,” volunteer activists trying to help old and frail African-Americans vote in a jurisdiction near the voting-rights mecca of Selma. Sessions lost that case on trial, but as Patrick puts it, it should not have been tried at all, and illustrates a prosecutor’s use of his discretion in a bad cause brought maliciously.

Jeff Session’s appointment raises specter of prosecuting voting rights activists (The Hill, 01/07/17)
MICHELE JAWANDO AND BILLY CORRIHER: The criminal charges against Turner, his wife, and another voting rights activist were brought by none other than President-elect Donald Trump’s nominee for Attorney General, Jeff Sessions, who at the time was a federal prosecutor. ... The case was the first prosecution of voting rights activists in decades.... The Senate Judiciary Committee should ... demand that Sessions answer questions about his views on the Turner case and about the role of the Department of Justice in protecting voting rights. The American public deserves to know whether federal law enforcement agencies or prosecutors will prosecute those who want to help others vote.

Jeff Sessions’s actions alone are disqualifying (Washington Post, 01/07/17)
Colbert I. King, Opinion writer: this is not about knowing what’s in the mind or body of Jeff Sessions. What should matter most are his words and deeds as a U.S. attorney for the Southern District of Alabama, as attorney general of Alabama and as a U.S. senator.... Entrust Jeff Sessions to fairly, openly and impartially administer justice and protect the rights of all Americans? Not if his own public record is any guide.

Having Jeff Sessions As Attorney General Would Be Hazardous To Your Health (Forbes, 01/07/17)
Judy Stone: Besides his well-publicized stances on race that previously cost him a Federal judgeship appointment⁠, his attitudes about women’s health, protections for women, LGBTQ, and the disabled communities, among others, should disqualify him from consideration.

Affidavit: Trump Justice Nominee Backed Defiance of Court Orders: Sworn affidavits indicate Attorney General nominee Senator Jeff Sessions and possible Supreme Court choice William Pryor favored disregard of key judicial rulings (POGO: Project On Government Oversight, 01/06/17)
Adam Zagorin, Journalist in Residence, POGO: A pair of little-noticed sworn affidavits from 2003 highlight the apparent support of Senator Jeff Sessions (R-AL), President-elect Trump’s attorney general nominee, for defying federal and state court orders in key areas of law. The statements describe two separate meetings, one attended by Sessions and the other by William Pryor, currently a federal appeals court judge whose name appears on President-elect Trump’s short-list for nomination to the US Supreme Court.... Together the affidavits refer specifically to the apparent support of Sessions and Pryor for defying court-ordered limits on the display of religious objects on public property, and prayers said in court or on school playing-fields.

Sessions should be disqualified for attorney general post (The Hill, 01/06/17)
Todd A. Cox: Sessions did not fill out his application fully or truthfully. In the questionnaire Sessions submitted to the Senate Judiciary committee on Dec. 9, he omitted information on hundreds of communications, from speeches to interviews to articles. In some cases, he included a notation that “no transcript or clips” were available, despite the fact that records were easily findable online.... The questionnaire also has another simple, yet very important, section: “list the ten most significant litigated matters which you personally handled.” ... the truth is he did not litigate these civil rights cases.... Grassley is proposing that Sessions shouldn’t be held to the same standards Sessions himself demanded of nominees

The Seven Tough Questions the Democrats Must Ask Jeff Sessions: The attorney general-designee’s confirmation hearing is next week. Democrats must grill him hard—and here’s what we need to know. (Daily Beast, 01/06/17)
Barrett Holmes Pitner: Thus far Sessions has quietly waged a corrupt campaign of obfuscating and whitewashing his own troubling record

Six Ways Republicans are Rigging the Process for Jeff Sessions (Huffington Post, 01/06/17)
Christopher Kang: 1. Chairman Grassley’s double-standard rush to judgment. ... 2. Senator Sessions refuses to provide the Senate with his full record—which he has previously argued is a felony and that a judge would consider contempt.... 3. Another Grassley double standard refuses to hold Senator Sessions accountable for these hundreds of missing items.... 4. Chairman Grassley silences outside witnesses. ...5. Chairman Grassley does not provide transparency or public access to Senator Sessions’ nomination materials. ... 6. Senator Sessions refuses to recuse himself.

Five Chilling Ways Senator Jeff Sessions Could Attack Immigrants As Attorney General Jeff Sessions presents a clear and present danger to American justice in general and immigrants’ rights in particular. (Huffington Post, 01/06/17)
David Leopold: The nomination of Senator Jeff Sessions (R-AL) to be U.S. Attorney General is a clear and ominous sign that President-elect Donald Trump fully intends to make good on his call for mass deportation, registration of Muslims and radical restrictions on legal immigration. Since he entered the U.S. Senate twenty years ago, Jeff Sessions has made his mark as one of the most vehemently nativist, anti-immigrant legislators in American history.