President Trump's nominee for the 9th Circuit Court of Appeals in a party-line vote – and, in a historic snub, the White House ignored the input of the judge's two Democratic homes -state senators in the process.
The aggressive and unprecedented move to the traditional "blue slip" consultation process and plow-ahead with the confirmation comes as the Trump administration seeks to systematically erode left-wing dominance on the key appellate court, which trump has called "disgraceful" and politically biased.
With a spree purling nine western states, the appellate court has long been a thorn in the side of the Trump White House, with rulings against his policy and limits on funding to "sanctuary cities." Trump's emergency declaration over border security ̵
The new 9th Circuit judge , Seattle attorney Eric Miller, which was confirmed 53-46. Miller was one of the 51 federal judicial nominees left over from the previous Congress. The White House re-nominated last month.
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Miller Perkins Coie wants to replace Judge Richard Tallman, Bill Clinton appointee who assumed senior status March 2018. Miller is the fifth former clerk to associate Justice Clarence Thomas to be nominated by Trump to a Federal Appeals Court, including embattled DC Circuit Court of Appeals nominee Neomi Rao.
Miller represented the Government before the Supreme Court when he served from 2007 to 2012 as Assistant to the Solicitor General of the United States. He was Deputy General Counsel of the Federal Communications Commission.
Among those objecting to Miller's nomination were Washington State's two Democratic Senators, Maria Cantwell and Patty Murray. Aides say Miller's confirmation marks the first time the senate has strayed from the tradition and confirmed a judicial nominee over the dissent of both home-state senators.
"This is wrong. It's a dangerous road for the Senate to go down, "Murray said Tuesday on the Senate floor. "Confirming this 9th Circuit Court nominee without the consent or true input of both home-state senators, and after a hearing hearing, would be dangerous for this Senate."
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Miller was nominated last year but faced opposition from Democrats.
The White House has so far signaled it wants to plow ahead with other 9th Circuit nominations in other states without using the "blue slip" consultation process. Dianne Feinstein and Kamala Harris about 9th Circuit appointments, but the dialogue collapsed, and the White House proceeded to announce three nominees over their objections.
Those nominees – Patrick Bumatay, Daniel Collins and Kenneth Kiyul Lee
GOP critics have branded the court the "Nutty 9th,
Last November, Chief Justice John Roberts openly disputed Trump's comments that the nation has "Obama's judges" and partisan hacks on the courts. Roberts of naivete.
"What we have to do is to make an equal sentence." to those appearing before them,
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But Trump, invoking the 9th Circuit, fired back immediately.
"Sorry Chief Justice John Roberts, but you have indeed Obama judges, 'and they have a different point of view. Trump tweeted.
"It would be great if the 9th Circuit was indeed an independent judiciary," but it is why there are so many opposing views those cases overturned, "Tru mp continued. "Please study the numbers, they are shocking. We need protection and security – these rulings are making our country unsafe! Very dangerous and unwise! "
Fox News' Bill Mears and Adam Shaw and The Associated Press contributed to this report.