A Republican Senator overcame his concerns about a judicial nominee’s tweets, voting to move the Texas Supreme Court Justice one step closer to the Fifth Circuit Court of Appeals.
John Neely Kennedy (R-La.) said he was afraid social media posts by Don Willett could sour the perceptions of potential litigants before him.
Willett was approved Thursday by the Senate Judiciary Committee in an 11-9 vote along strict party lines. Kennedy joined his Republican colleagues in voting “yes.”
“I share some of the concerns today expressed about the tweeting,” the lawmaker asserted before the vote, referring to statements made moments earlier by Sen. Patrick Leahy (D-Vt.)
“It only takes one or two tweets for folks to think: ‘Well, that’s not a fair judge. How can I get my day in court?’” Kennedy said.
“I’ve had a long conversation with Justice Willett. I think he understands that now,” he added.
The tweets in question were brought up by Democrats during Willet’s confirmation hearing last month.
In one post from two years ago, the Texas Supreme Court Justice stated he “could support recognizing a constitutional right to marry bacon.”
In another 2014 tweet, Willett mocked a transgender teenager joining a girl’s softball team, comparing her to then-Major League Baseball player Alex Rodriguez.
On Thursday, Leahy said Willett’s tweets send “a clear message that not all people are going to be welcome in his courtroom.”
Leahy also noted that he and other Democrats told Willett to delete the tweet about the transgender teenage girl, but “he still has it up there today.”
During his confirmation hearing, Willett told Kennedy he would, if confirmed, only tweet about “civic education.”
“Don’t you think the wiser course would be to just not do it?” Kennedy responded, referring to tweeting.
“You and my wife have a mindmeld on this,” Willett quipped.
Thursday’s hearing was markedly less lighthearted. Republicans advanced two other appellate circuit nominees in strict party line votes.
Democrats continued their fierce criticism of the pace and process of the nominations, and of some of the nominees’ qualifications. Federal judges receive lifetime appointments.
Sen. Sheldon Whitehouse (D-R.I.) blasted the slate of judicial appointees offered by the Trump administration, saying that while the committee has approved of bad judges in the past: “This is different.”
“These nominees are here precisely because powerful interests expect them to be terrible judges,” Whitehouse charged.
“For those powerful interests, this is not a bug in the nominees’ candidacies, it is the feature,” he added.
Democrats also raised concerns Thursday about Leonard Steven Grasz, a former Nebraska Deputy Attorney General selected to serve on the Eighth Circuit Court of Appeals.
Grasz is one of two Trump nominees to receive a “not qualified” rating by the American Bar Association. He is the only appellate circuit nominee to receive such a rating. His nomination was advanced Thursday.
Many Republicans reacted angrily to Democrats’ charges, particularly those made by Sen. Whitehouse.
Ben Sasse (R-Neb.) accused Whitehouse of painting “little old ladies” in his state concerned about the judiciary as “tools of corporate interest.”
“I would love to have Mr. Whitehouse come to town hall meetings in Nebraska with me,” Sasse added, inviting him to make his remarks to these women.
“I’m glad that the committee advanced Steve Grasz to the floor today,” Sasse also said.
