Inflammatory college writings? Sometimes a problem, sometimes not. Poor performance in the Senate? No go. Accusations of racism? It depends.
over his college writings, which he hadn’t disclosed to a home-state nominating commission, including one where he accused campus “multiculturalists” of stereotyping minorities with conservative views, and then listed some of the derogatory terms he claimed were used to describe those minorities.
South Carolina Sen. Tim Scott, the only black Republican senator, became a key vote to watch last year in situations where a nominee was accused of racism or racial insensitivity; he came out against Farr and Bounds. Republicans have a stronger hold on the Senate this year, though, making the dissent of one senator less impactful.
A poor performance in the Senate that goes viral can also sink a nomination. Matthew Petersen, a commissioner of the Federal Election Commission who was nominated for the federal district court in Washington, DC,after a video of him struggling to answer questions about court procedures and legal principles shot around the internet. Nominees since then have come prepared for those types of questions, hoping to avoid a similar fate.
Republicans have pushed ahead with appeals court nominees over objections from Democratic home state senators, but judiciary committee chair Lindsey Graham, like his predecessor Sen. Chuck Grassley, has said that he will not move district court nominees forward if there’s Democratic home state opposition. Grassley did not proceed last year on Wisconsin lawyer Gordon Giampietro’s district court nomination after Sen. Tammy Baldwin said she would not give her approval.
In other areas, Democrats’ attacks on nominees have fallen flat with their Republican colleagues. A nominee’s history of opposition to same-sex marriage and legal protections for LGBT individuals has not been a problem for the GOP, although the White House decided
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