Donald N. Baker's letter "Hatch should have voted to oppose liberal judge," mistakenly claims that "senate Republicans, with one notable exception, blocked extreme anti-gun and pro-abortion zealot Caitlin Halligan from a seat on the D.C. court of appeals."
First, Halligan's arguments in litigation represented her client, the New York Attorney General, rather than her personal views, as recognized by prominent bipartisan supporters of her D.C. Circuit U.S. Court of Appeals nomination.
Second, the only Republican senator "notable exception" who did not block Halligan was Alaska's Lisa Murkowski, who consistently opposes filibusters of judicial nominees. Sen. Orrin Hatch has insisted that "the Constitution requires" an up-or-down vote on "every judicial nominee who reaches the Senate Floor." However, because 60 "Yes" votes are needed to end a filibuster, Hatch's "Present" vote had the same effect as a "No" vote.
The real question is why Utah's senators have failed to obtain a Floor vote for David Nuffer's nomination to fill an emergency Utah federal district court vacancy. In July, Sen. Mike Lee was "thrilled" by the nomination and hoped Nuffer would "be able to start his judgeship later this fall."
Glenn Sugameli
Staff attorney,
Judging the Environment
Defenders of Wildlife
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