Democratic senators will oppose Trump's Asian American judicial picks, and that's OK

ROLL CALL

California Senators Dianne Feinstein and Kamala Harris vow to oppose the nominations of Patrick Bumatay,
 lower left, and Kenneth Kiyul Lee, lower right, to the Ninth Circuit Court of Appeals

A POLITICAL HAND GRENADE was lobbed by Donald Trump at the Ninth Circuit Court of Appeals placing Senators Dianne Feinstein and Kamala Harris in tough spot.

Trump nominated five appeals court judicial nominees are Joseph F. Bianco and Michael H. Park for the 2nd Circuit Court of Appeals; Patrick J. Bumatay, Kenneth Kiyul Lee and Daniel P. Collins for the 9th Circuit Court of Appeals.

All five were all recommended by the ultra-conservative Federalist Society, which approves candidates based on their adherence to conservative values. The two Trump newest picks for the U.S. Supreme Court, Neil Gorsuch and Brett Kavanaugh were on the list of candidates approved by and are members of the Federalist Society.

So, even though Park, Bumatay and Lee are Asian Americans, their nominations are problematic and viewed as Trump's attempt an end-round against Feinstein's and Harris' expected opposition.

In nominating this latest wave of would-be jurists, Trump continues his mission to remake the federal judgeships to reflect his radical agenda.

The nominations for the 9th Circuit, in particular, were seen as a slap at Senators Diane Feinstein and Kamala Harris, both members of the Senate Judiciary Committee and outspoken to their opposition to the nomination of Kavanaugh.

Traditionally, the circuit court judges are approved by the home state senators prior to their nominations but negotiations between the senators and the White House couldn't come to an agreement. The California senators vowed to oppose Trump's nominees even though their opposition might appear to divide the Asian American and LGBTQ communities, which have largely thrown their support to the senators.

Bumatay, if appointed to the bench, would  become the second openly gay jurist on a circuit court of appeals but the first in the 9th circuit.

Bumatay, a Filipino American, is an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of California, where he is a member of the Organized Crime and Drug Enforcement Task Forces Section. He is currently detailed to the Office of the Attorney General Jeff Sessions, where he serves as advisor to Sessions on the national opioid crisis and transnational organized crime.

Bumatay has also served in other positions in the DOJ and graduating fromfrom Yale University and his earning his J.D. from Harvard Law School, he clerked for several judges.

He is a member of the National Filipino American Lawyers Association (NFALA), the National Asian Pacific American Bar Association, the Tom Homann LGBT Law Association, and the Federal Bar Association. Bumatay is also a member of the Federalist Society.

Lee is a partner in the Los Angeles office of Jenner & Block LLP, where his practice focuses on appellate litigation and internal investigations, and where he serves on the firm’s Diversity & Inclusion Committee. Lee provides pro bono, or free, legal representation to indigent and incarcerated clients, according to his bio.

Lee also once served as Associate Counsel to President George W. Bush.

After law school, Lee clerked for Judge Emilio M. Garza of the U.S. Court of Appeals for the 5th Circuit. Lee earned his A.B. from Cornell University, summa cum laude,and his J.D., magna cum laude, from Harvard Law School. The Federalist Society likes him for his position on the Affordable Care Act.

Nominated for the 2nd Circuit Court of Appeals, Park is a partner in the New York City office of Consovoy McCarthy Park PLLC where he focuses on securities, criminal, commercial, administrative, and constitutional law, The White House said. Park served as an Attorney-Adviser in the U.S. Department of Justice, Office of Legal Counsel, where he advised the White House and other Executive Branch officials on a variety of complex matters, according to his bio.

Park earned his B.A. from Princeton University and his J.D. from Yale Law School, after which he clerked for Supreme Court Justice Samuel A. Alito.

He’s an adjunct professor at the Antonin Scalia Law School at George Mason University, a member of the Board of Trustees of the Supreme Court Historical Society, the Board of Directors of Operation Exodus Inner City, and the Asian American Bar Association of New York, which listed him one of the Best Lawyers Under 40’ in 2013.

Upon hearing about Trump's list of judges, Feinstein issued a sharp press statement:

I repeatedly told the White House I wanted to reach an agreement on a package of 9th Circuit nominees, but last night the White House moved forward without consulting me, picking controversial candidates from its initial list and another individual with no judicial experience who had not previously been suggested.

I met with Don McGahn (Trump's White House counsel) on June 27 to discuss the vacancies and explained that Senator Harris and I strongly opposed Daniel Collins. I also told him Kenneth Lee had problems because he failed to disclose to our judicial selection committees controversial writings on voting rights and affirmative action.

Last week, a reporter contacted my office stating that multiple sources close to the White House said I had rejected an offer that included Lucy Koh, James Rogan and Daniel Collins. This was false; no offer had been made or rejected—either formally or informally. In fact, as soon as I learned from the reporter about this alleged package I immediately wrote to Don McGahn saying I would accept this White House proposal of Lucy Koh, James Rogan and a third nominee from the White House’s list. There was no response to my letter.

The decision to move forward with these nominees without consultation or responding to my acceptance of the White House offer reflects President Trump’s desire to remake the court. I expect my blue slips to be honored as I was acting in good faith.

The “blue slip” refers to a gentleman’s agreement, not a hard rule, that allows a U.S. senator to reject judicial nominees for their home state by refusing to return a positive blue slip to the Senate Judiciary Committee chairman.

If the Republicans on the Judicial Committee ignore Feinstein's objections, they could also see their "blue slips" ignored when they are in the minority.

The 9th Circuit Court is the largest in the nation with 29 judges. Largely seen as a liberal court, it has rejected or stayed several of Trump's attempts to make his executive orders into law, including the Muslim ban, the end of DACA and the withdrawal of federal funds from so-called sanctuary cities.

“Instead of working with our office to identify consensus nominees for the 9th Circuit, the White House continues to try to pack the courts with partisan judges who will blindly support the President’s agenda, instead of acting as an independent check on this Administration,” Lily Adams, Harris’ communications director, said in a statement.

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