XXXX Voted For Anti-Environmentalist Judge William G. Myers III. In 2004, XXXX voted for anti- environmentalist judge William Myers. Myers, who was nominated to be a judge on the U.S. Court of Appeals for the 9th Circuit, has a long history as an anti-environmentalist, even serving as a lobbyist for the mining and cattle industries. Virtually every major environmental organization in the nation opposed Myers’ nomination, along with civil rights, labor and American Indian groups. Senator Patrick Leahy described Myers as “the most anti- environmental judicial nominee I have ever seen in my years in the Senate.” [Vote 158, 7/20/04; Los Angeles Times, 3/18/05; New York Times, 3/18/05] XXXX Voted Seven Times To Support Miguel Estrada. In 2003, XXXX voted seven times to confirm the nomination of Miguel Estrada. Estrada was nominated to be a judge for the U.S. Circuit Court of Appeals for the District of Columbia. During his Senate confirmation hearing, Estrada refused to answer basic questions about his judicial philosophy in more than 80 questions put to him by Senate Democrats and refused to provide legal briefs he has written throughout his career to provide Senators with some sense of his ideology. [Vote 40, 3/6/03; Vote 53, 3/13/03; Vote 56, 3/18/03; Vote 144, 4/2/03; Vote 140, 5/5/03; Vote 143, 5/8/03; Vote 312, 7/30/03] Estrada Repeatedly Refused To Answer Questions On His Legal Opinions. According to the New York Times, “in his Judiciary Committee hearing last September, Mr. Estrada took what is often called the ‘judicial fifth,’ declining to answer many questions by saying that he could not comment on issues that might come before him should he be confirmed. It is a common approach for judicial nominees, but Mr. Estrada was more reticent than usual. Asked to name Supreme Court decisions in the last 40 years with which he found fault, he declined. He said he could not criticized any decision by the justices because ‘I haven’t been in the their shoes in the sense of having had access to all the materials, arguments, research and deliberation that they had’…The fight over Mr. Estrada’s nomination has nominally been over memorandums he wrote from 1992 to 1997 as a lawyer in the office of the solicitor general about pending Supreme Court cases. Senator Charles E. Schumer, Democrat of New York, who is leading the fight against Mr. Estrada, said that because Mr. Estrada had such a scant written record, the memorandums on Supreme Court cases were needed to help evaluate his case.” Additionally, while the Bush administration has claimed that the memos could not be disclosed due to confidentiality requirements, Democrats have argued that similar memos have been made available in the past. [New York Times, 3/30/03] AFL-CIO Opposed Estrada Nomination. “Miguel Estrada is one of many individuals President George W. Bush nominated to the federal appellate courts who have extremely troubling records on workers’ rights, civil rights and the environment. The ultraconservative Estrada, who has never served as a judge on any level, was nominated for a seat on the U.S. Court of Appeals for the District of Columbia Circuit. Opponents of Estrada’s nomination began a filibuster after he refused to answer Senate questions about his judicial philosophy and the White House refused to release legal documents Estrada wrote while working at the U.S. Department of Justice.” [www.afl-cio.org] NAACP Opposed Estrada. “The NAACP Opposed Mr. Estrada’s Nomination.” [NAACP Legislative Report Card, 2003-04] XXXX Voted for the Judicial Nomination of Timothy M. Tymkovich, Who Defended An Anti-Gay Colorado Initiative With Anti-Gay Rhetoric. In 2003, XXXX voted to confirm President Bush’s nomination of Timothy M. Tymkovich of Colorado to the U.S. Court of Appeals for the 10th Circuit. Tymkovich drew criticism from gay- rights advocates because of a law journal article Tymkovich wrote after the Supreme Court overturned a Colorado voter initiative known as Amendment 2, which struck down protections for gays and lesbians. As Colorado solicitor general, Tymkovich defended the initiative before the high court. Sen. Patrick Leahy said he had no problem with Tymkovich’s advocacy of the initiative in the courts but said the article went beyond legal advocacy and “seems replete with heavy anti-homosexual rhetoric.” [Vote 113, 4/1/03; Associated Press, 4/1/03] XXXX Voted to Confirm Deborah Cook; Democrats Called Her Record Extreme, Against Individuals’ Rights. In 2003, XXXX voted for President Bush’s nomination of Deborah L. Cook of Ohio to the U.S. Court of Appeals for the 6th Circuit. Democrats opposed Cook but did not mount a filibuster against her. “Her record is 241
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