Senators Pan ABA’s “baseless political character assassination” of 8th Circuit Nominee
WASHINGTON
– At a Senate Judiciary Committee nomination hearing this week, several
senators voiced concern about the American Bar Association’s unwarranted and
seemingly political “not qualified” rating of Leonard Steven Grasz. Grasz, a
Nebraskan, has been nominated to serve as a judge on the U.S. Court of Appeals
for the Eighth Circuit.
Nebraska
Senator Deb Fischer introduced the nominee and had choice words about the
ABA’s rating:
Senator Sasse and I have
received numerous letters of recommendation on Steve’s behalf – from government
officials and church pastors, business and community leaders, and Steve’s
friends and neighbors.
Nebraskans across the
political spectrum note, in detail, Steve’s thoughtfulness, his
fair-mindedness, his high ethical standards, and his brilliant abilities as an
attorney.
…
And so I am sad to say
that after thoroughly examining the substance of the ABA’s report, it is
evident to me that the ABA evaluation of Mr. Grasz was a baseless political
character assassination.
Nebraska
Senator Ben Sasse presided over the hearing and said the following in an
opening statement.
If Steve wanted to advance
a policy agenda, I’m confident he would have run for office. But he didn’t.
He’s here because he’s committed to an independent judiciary where fair and
honest judges rule on the law and the facts. He’s here because he’s committed
to an Article III branch that considers each case under law – not under what
the judge wishes the law said.
Sasse later
took time to rebut claims laid out by a Democrat committee member
By rejecting the
possibility of impartiality, the ranking member [Sen. Sheldon Whitehouse] is
effectively erasing the principle of separation of powers, which has been the
bedrock of preserving liberty in America for 200 years
I hope that all of us at
this dais agree that we have taken an oath to a Constitution that explicitly
distinguishes between legislative, executive, and judicial powers. We as
legislators are not judges and judges are not legislators. They should not be making
law, for if they're making law, they shouldn't have lifetime appointments.
Senator
Jeff Flake, a judiciary committee member, in his questions to the nominee
elicited information about the inappropriate treatment of Grasz during the
ABA’s interview process.
I think the ABA’s long
history of liberal, political activism makes it very hard to see how their
process isn’t biased.
…
Can you think of any
possible reason why the ABA would need to ask you whether or not your children
attended Lutheran school?
…
My understanding is that
you’ve previously been critical of the ABA for their role in Nebraska judicial
selection. Do you think that this may have played a role in their hostility to
you?
Senate
Judiciary Committee Chairman Chuck Grassley noted his surprise at the
ABA’s seemingly unwarranted rating decision.
This rating is very
surprising to me and to many other Senators on the Committee. When I look at
Mr. Grasz’s resume, it appears that he’s eminently qualified to be a Circuit
Court judge.
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