The 9th Circuit, the Supreme Court and racist records

  • Wednesday, August 1, 2018 12:22am
  • Opinion

Last week, a Trump nominee to serve on the 9th U.S. Circuit Court of Appeals was withdrawn from consideration. What’s notable is not simply that someone with extreme legal and political views wasn’t approved by the U.S. Senate or even that the administration had to withdraw a nominee (a rarity, but it has happened). It’s the cause of Ryan Bounds’ failure: A key Republican couldn’t stomach his racist writings of a quarter-century ago.

In case anyone has failed to notice, displays of bigotry and racism within the current administration aren’t exactly getting a sharp reprimand from Congress, at least not from the party in control of it. From President Donald Trump’s remarks … to his embrace of the alt-right, his dog-whistle speeches about border security, the cruel treatment of immigrant children or Mr. Trump’s pronouncement of “good people” among the neo-Nazis who marched in Charlottesville, this president’s attitudes … are well established.

Just recently, Homeland Secretary Kirstjen Nielsen echoed her boss’ views on the moral equivalency of the white supremacists who marched in Virginia last year and those who protested them … “It’s not like one side is right and one side is wrong,” she said at the Aspen Security Forum in Colorado. She was no doubt attempting to make a point about the use of violence, but given the administration’s failure to condemn white supremacy, it’s worrisome that a distinction between Nazis and those who oppose fascism is so elusive to a cabinet member.

Mr. Bounds, 45, an assistant U.S. district attorney in Oregon and darling of The Federalist Society, was nominated last fall to fill Oregon’s seat on the famously liberal-leaning appeals court. Both of Oregon’s senators, Democrats Ron Wyden and Jeff Merkley, opposed him. Last month, however, he was approved by a one-vote majority in the Senate Judiciary Committee and appeared headed toward confirmation. And then something happened. Two Republican senators, first Tim Scott of South Carolina and then Marco Rubio of Florida, announced they could not support the nominee. Their reasoning? They just weren’t able to accept the bile Mr. Bounds spewed while in college.

His writings included some pretty heavy handed ridicule of Stanford University campus organizations that promote diversity and inclusion as well as those that identify by race or ethnic group — examples of such entities might include an Asian engineering club or a black law student association … On another occasion, he wrote that schools should not feel pressured to expel rapists.

During his hearings in the Judiciary Committee, Mr. Bounds tried to walk back those inflammatory writings, but his apology did not attract a single Democratic vote. The loss of Senator Scott, who is African American, was the telling one, however, particularly with Sen. John McCain too sick to vote. Might this prove a turning point in whether Republicans will rubber stamp nominees or truly pay attention to their records, particularly when it comes to discriminatory writings, speeches or behaviors? It took nine months of review for the Senate to say no to Mr. Bounds. Under the circumstances, how can the chamber possibly pronounce judgment on Supreme Court nominee Brett Kavanaugh and his far lengthier paper trail before November?

—The Baltimore Sun, July 23, 2018

More in Opinion

Gov. Mike Dunleavy is photographed during a visit to Juneau, Alaska, in November 2022 . (Mark Sabbatini / Juneau Empire)
Opinion: Alaska’s charter schools are leading the nation — It’s time to expand their reach

Expanding charter schools isn’t just about offering alternatives; it’s about giving every child the chance to succeed.

(Juneau Empire file photo)
Opinion: Everyone pays the price of online shopping returns

Online shoppers in 2023 returned almost a quarter-trillion dollars in merchandise

Cars drive past the Alaska Permanent Fund Corp. building in Juneau on Thursday. This year’s Permanent Fund dividend will be $1,312, the state Department of Revenue announced. (Clarise Larson / Juneau Empire)
Opinion: The wisdom of late bloomers in education

In Alaska, the state’s 529 education savings plan isn’t just for children

U.S. Sen. Dan Sullivan, R-Alaska, addresses a crowd with President-elect Donald Trump present. (Photo from U.S. Sen. Dan Sullivan’s office)
Opinion: Sen. Sullivan’s Orwellian style of transparency

But even if he thinks it’s wrong, his commitment to self-censoring all criticism of Trump will prevent him from telling us

Rep. Sarah Vance, candidate for State House District 6, participates in a candidate forum hosted by the Peninsula Clarion and KBBI 890 AM at the Homer Public Library in Homer, Alaska, on Tuesday, Oct. 29, 2024. (Jake Dye/Peninsula Clarion)
Point of View: Vance out of touch in plea to ‘make more babies’

In order to, as she states, “make more babies,” women have to be healthy and supported.

Former Gov. Frank Murkowski speaks on a range of subjects during an interview with the Juneau Empire in May 2019. (Michael Penn / Juneau Empire File)
Opinion: A viable option: A railroad extension from the North Slope

It is very difficult for this former banker to contemplate amortizing an $11 billion project with over less than half a million Alaska ratepayers

Gov. Mike Dunleavy speaks during a press conference March 16, 2024, at the Alaska State Capitol in Juneau. (Mark Sabbatini / Juneau Empire file photo)
Opinion: A budget that chooses the right policies and priorities

Alaska is a land of unmatched potential and opportunity. It always has… Continue reading

Gov. Mike Dunleavy explains details of his proposed state budget for next year during a press conference Dec. 12, 2014, at the Alaska State Capitol. (Mark Sabbatini / Juneau Empire file photo)
Opinion: Governor fails at leadership in his proposed budget

It looks like he is sticking with the irresponsible approach

Therese Lewandowski. (Photo provided)
Point of View: Inflation, hmmm

Before it’s too late and our history gets taken away from us, everyone should start studying it

A state plow truck clears snow from the Kenai Spur Highway on Wednesday, Nov. 2, 2022, in Kenai, Alaska. (Jake Dye/Peninsula Clarion)
Opinion: Use of the brine shows disregard for our community

It is very frustrating that the salt brine is used on the Kenai Peninsula often when it is not needed

A cherished "jolly Santa head" ornament from the Baisden Christmas tree. (Photo provided)
Opinion: Reflections of holidays past

Our family tradition has been to put up our Christmas tree post-Thanksgiving giving a clear separation of the holidays

Screenshot. (https://dps.alaska.gov/ast/vpso/home)
Opinion: Strengthening Alaska’s public safety: Recent growth in the VPSO program

The number of VPSOs working in our remote communities has grown to 79