Allison Eid defends judicial record before Senate panel
WASHINGTON» Colorado Supreme Court Justice Allison Eid tussled Wednesday with members of the U.S. Senate Judiciary Committee, but none of the questions appeared to knock her from a trajectory that would see her replace Neil Gorsuch on a federal appeals court.
Republicans on the committee were supportive — not surprising, given that President Donald Trump was the one who nominated Eid in June to the 10th U.S. Circuit Court of Appeals.
But Democrats repeatedly questioned whether Eid too often deferred to authorities on matters related to civil liberties.
One of those involved a 2011 case, People vs. Schutter, which dealt with a drug investigation that started with the search of a misplaced iPhone.
The defendant, Devin Schutter, accidentally had locked his iPhone inside a convenience store bathroom along with the key. A clerk was too busy to help Schutter and told him to come back.
No more than an hour later, however, the clerk turned the iPhone over to police, who used it to answer incoming calls and read one or more text messages without a search warrant, according to court records.
The information kickstarted an investigation that ended with drug charges against Schutter.
The Colorado Supreme Court ruled the search was unconstitutional, though Eid dissented on the basis the phone was abandoned and subject to a warrantless search.
“How do we ensure that we are appropriately treating a cellphone as the personal effects and papers that the Founders might have imagined?” asked U.S. Sen. Chris Coons, D-Del., when confronting Eid about the case.
In response, Eid said the specific facts of that case were what led her to a dissenting opinion.
The defendant “didn’t leave his name,” she said. “He didn’t leave a phone number or any way he could be reached. He never went back to get that phone. And to me that constituted abandonment.” The exchange was typical of the hearing. Though it had a number of backand-forth moments, there weren’t any major flareups that hinted her nomination was in danger.
Given that Republicans control the Senate and they no longer have to contend with filibusters of judicial nominees, it’s likely Eid will be confirmed – though there’s no set timeline. She would take the place of Gorsuch, who was elevated earlier this year to the U.S. Supreme Court.
U.S. Sen. Cory Gardner, R-Colo., has been a big supporter, and he introduced Eid at the hearing.
An aide to U.S. Sen. Michael Bennet, D-Colorado, said he is undecided and would review “Justice Eid’s record and testimony from her hearing before making a decision.”