On the recordNovember 28, 2017
Finally and briefly, Mr. President, because I know my colleagues are waiting, on the Katsas nomination, the DC Circuit is often called the second most powerful court in the Nation because it adjudicates so many highly charged political issues, including cases that deal with the limits of Executive power and regulations issued by Federal agencies. As examples, major cases on climate regulations, the CFPB, and gun safety laws in the District of Columbia are now before that court. On such a court, we should prize independence and moderation and look warily at candidates with highly political backgrounds. Unfortunately, Gregory Katsas has been intimately involved in a number of the most partisan and legally dubious Executive orders of the current administration. He was involved in the President's controversial travel ban, his decisions to terminate DACA, to end transgender service in the military, and to establish an election integrity commission based on the lie that 3.5 million people voted illegally in the last election. His tenure and views in the Trump administration raise important questions about his independence and moderation, particularly on a court that will likely hear cases related to the very same issues he worked on in the White House. He appears to be another example of the Republican majority pushing judges from a political extreme of their party as a way of advancing their interests in lieu of a legislative agenda, which has floundered.…





