Northwest Arkansas Democrat-Gazette

Senate panel backs Trump pick

12-10 vote advances nomination of Rao for appeals court post

- MATTHEW DALY

WASHINGTON — The Senate Judiciary Committee voted Thursday to advance President Donald Trump’s nominee to replace Brett Kavanaugh on a high-profile appeals court.

The committee voted 12-10 along party lines to endorse Neomi Rao for a seat on the U.S. Circuit Court of Appeals for the District of Columbia Circuit. Trump nominated Rao for the seat left vacant when Kavanaugh joined the Supreme Court last fall.

Rao, 45, heads the White House Office of Informatio­n and Regulatory Affairs, where she plays a key role in Trump’s efforts to roll back federal rules and regulation­s. She also worked in the George W. Bush White House but has never tried a case in state or federal court.

Rao’s confirmati­on was in doubt after two Republican senators on the committee expressed concerns about her past writings.

But Missouri’s Sen. Josh Hawley and Iowa’s Sen. Joni Ernst joined with GOP colleagues to move Rao’s nomination to the Senate floor. All 10 Democrats opposed her.

Hawley has said he’s unsure about Rao’s position on abortion, which Hawley opposes. He also questioned her views on judicial activism and individual choice.

But he said Thursday that after meeting with Rao he is convinced she would interpret the Constituti­on “according to its text, structure and history” and not current social mores.

Hawley, a freshman, was criticized by conservati­ve groups and The Wall Street

Journal editorial page for raising questions about Rao, but said he will vet all judicial nominees thoroughly, regardless of ideology.

“There are some inside this building and outside of it that would prefer I would do as instructed and go along to get along. That is not going to happen,” he said.

Ernst also endorsed Rao, despite concerns about her past writings on sexual assault. Rao suggested in undergradu­ate articles that intoxicate­d women were partly responsibl­e for date rape.

Ernst, who recently revealed she was raped in college, called Rao’s 1990’s opinion pieces “absolutely abhorrent and reprehensi­ble at best,” but said she was reassured after Rao wrote a letter to senators repudiatin­g her past views. Rao said at a confirmati­on hearing that the articles do not reflect her current thinking and that she cringes at some of the language she used.

Rao’s work on federal regulation­s qualifies her for the D.C. Circuit, which handles many administra­tive appeals of executive branch actions, Ernst said. But she and other Republican­s said they might view Rao differentl­y if she is nominated to the Supreme Court.

Sen. Tom Cotton, R-Ark., has also privately expressed concerns over Rao’s nomination, according to people familiar with the matter. On Thursday, Cotton declined to comment on her nomination, according to his spokesman.

Rao, widely seen as a future candidate for a Supreme Court seat, is a member of the conservati­ve Federalist Society. The legal policy group has played a key role in Trump’s judicial nomination­s, including Kavanaugh’s elevation to the high court.

Democrats staunchly opposed Rao, citing her lack of experience and publicly stated pride at rolling back federal rules on Trump’s behalf. Rao said at her confirmati­on hearing that she and Trump have successful­ly pushed deregulati­on that “gets government out of the way” and helps small businesses and other companies create jobs.

California’s Sen. Dianne Feinstein, the panel’s top Democrat, said Rao has a “troubling and aggressive record” on deregulati­on, particular­ly on rules that protect health and the environmen­t. She was especially troubled at Rao’s efforts to dismantle a rule to increase fuel economy standards for cars, Feinstein said. The rule is based on a law Feinstein co-authored.

Sen. Chris Coons, D-Del., said Rao’s expansive views on presidenti­al power were “alarming” and said Rao had expressed “hostility to settled law” on gay rights and other issues.

 ?? AP/J. SCOTT APPLEWHITE ?? D.C. Circuit Court of Appeals nominee Neomi Rao appears before the Senate Judiciary Committee for her confirmati­on hearing early last month.
AP/J. SCOTT APPLEWHITE D.C. Circuit Court of Appeals nominee Neomi Rao appears before the Senate Judiciary Committee for her confirmati­on hearing early last month.

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