Senate confirms appeals-court pick
WASHINGTON — The Senate on Wednesday confirmed President Donald Trump’s nominee to replace Brett Kavanaugh on a high-profile appeals court, despite concerns about her past writings on sexual assault.
White House official Neomi Rao won confirmation to a seat on the U.S. Circuit Court of Appeals for the District of Columbia Circuit on a party-line vote, 53-46. No Republican opposed Rao, and no Democrat supported her.
Rao, 45, leads 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 she has never tried a case in state or federal court.
Trump nominated Rao for the seat left vacant when Kavanaugh joined the Supreme Court last fall.
Lawmakers from both parties expressed concerns about her past writings, particularly on date rape and other forms of sexual assault. As a Yale undergraduate, Rao suggested that intoxicated women were partly responsible for date rape. She also criticized affirmative action and questioned equal rights for women and gay people.
Rao has distanced herself from language she used as a college student, saying at her confirmation hearing that she cringes at some of the language she used in opinion articles that were intended to be provocative.
Sen. Joni Ernst, R-Iowa, who recently revealed she was raped in college, called Rao’s 1990s opinion pieces “absolutely abhorrent and reprehensible at best,” but she said she was reassured after Rao wrote a letter to senators repudiating her past views.
Ernst and other Republicans said Rao was qualified despite her lack of courtroom experience. Rao’s work on federal regulations qualifies her for the District of Columbia 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.
Rao, widely seen as a future candidate for the high court, 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 trial 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.