JNW Questions Flashcards
Is the ACLU a biased, partisan organization?
The ACLU is a nonpartisan, nonprofit civil liberties organization. The work of the organization doesn’t stop just because a given political party holds the executive.
If confirmed, I will be impartial and base my decisions on the facts of the case and controlling case law.
So any position of the ACLU/I’ve taken as an advocate whether on behalf of an individual, the federal government, or any company will play no role in my decision-making.
Through my 15 years of practice, I have worked as a commercial litigator defending large companies, a government attorney both defending and suing on behalf of the United States, and more recently as a lawyer representing every-day people. These varied experiences will help me see all sides of a despite and help me guard against prejudgment of any party or issue.
ACLU wrote a letter about ____?
In my time with the ACLU, I didn’t draft, review, or edit any letters sent by the organization. It was the organization’s standard practice to list the board president and sometimes board members in reports or letters.
The ACLU made the determination to send the letter, but if I were to be confirmed, and [] were to arise, I would look at the facts of the specific case before me and apply the applicable law.
But do you agree with the ACLU’s position on ____?
I joined the ACLU because of its nonpartisan nature and broad commitment to advancing civil rights, not because of one issue. Debate about how ACLU went about advancing the goals or whether I agree with every position taken involve questions of policy and my opinion.
A judge’s role isn’t to make policy or to rule based on their option. If confirmed, my approach will be to solely consider the facts of a particular case, the issues raised by the parties, and the applicable law.
So any position of the ACLU/I’ve taken as an advocate whether on behalf of an individual, the federal government, or any company will play no role in my decision-making.
What about ACLU position on _____?
If I am confirmed as a judge, my approach will be to solely consider the applicable law, the facts of a particular case, and the issues raised by the parties. Any position I’ve taken as an advocate whether on behalf of the government, an individual or a company will play no role in my decision making.
Judges take an oath to be impartial, and the judicial canons require judges to uphold the independence and integrity of the courts. I will certainly pledge to live up to the obligations of a judge should I be confirmed.
What about defund the police?
“Defund the police” means different things depending on who you talk to. In recent years, many elected officials at all levels of government grappled with the issue of police reform and what policy changes might be appropriate. I certainly support engaging in reasoned analysis and study of the issue.
But policy changes and funding are the purview of our elected officials and the executive.
If confirmed, I pledge to review the specific facts of the particular case before me, the issues raised by the parties, and the law applicable to the specific case. I won’t be looking at ACLU policy statements.
What was your role on the ACLU board?
As an ACLU board member, I generally oversaw the organization including for example: reviewing financial documents to ensure the financial health and stability of the organization; supporting and overseeing the first new executive director the organization had hired in nearly 40 years; and working with the board’s governance committee to examine — and implement where appropriate — best practices for non-profit boards.
However, as a board member, I was not involved in the day-to-day work of the organization such as decisions involving the litigation, advocacy or legislative docket.
I do not know the details of every single litigation or advocacy position of the organization.
Why not say illegal alien?
I’m a Sci-Fi nerd, so I think of outer space when I hear the word alien. But it’s also a bit of a misnomer in that its a blanket term that implies criminality across the board for people with varying circumstances. For example, someone who enters the country on a lawful visa, but overstays the visa is subject to an administrative proceeding to sort out their status, it isn’t criminal in nature.
Likewise, someone who presents themselves at a port of entry seeking asylum isn’t subject to criminal penalties.
[Undocumented Noncitizen]
GEO was a partisan case?
I believe strongly in the rule of law, and a jury found that GEO violated Washington law by using the labor of those held in civil detention to run the facility without paying them consistent with the law. I view the case as a matter of law enforcement, which is why the State of Washington also sued the company.
Should US companies pay people held in detention?
I think employers should abide by our existing wage and hour laws. Beyond that would be venturing into policy questions better answered by elected officials.
If I were to be confirmed, and the issue were to arise, I would look at the facts of the specific case before me and apply the applicable law regardless of my personal feelings or belief.
What is preemption?
It refers to the idea that a higher authority of law will displace a lower authority when the two come into conflict. It can take several forms:
- Express: when federal statute expressly preempts state law
- Implied, including field and conflict preemption.
During a CLE presentation, you called Donald Trump a jerk?
The presentation that you’re referring to was part of a legal education seminar that I took part in. My comments were intended to be educational and entertaining, and I touched upon some subjects that were topical and part of the national conversation. I regret singling out the president, and should have used a different subject to make the point.
I have the utmost respect for the presidency, and if confirmed, would never say anything to disparage the executive.
You wrote an amicus brief in which you talked about how diverse juries are better–why is that? Is a non-diverse jury racist.
The supreme court has addressed the use of preemptory challenges in a discriminatory manner, but out side of that context I do not believe that non-diverse juries are inherently racist.
BLSA Graduation Statements
- I made that statement in the context of a graduation speech. My comments were meant to be uplifting, and also a broader call to action for civic involvement.
- The comments were made while I was an advocate. I understand that the role of a judge is different.
- Discussion about the composition of the court, I think would be better stated as, we need to recognize the importance of diversity on the bench. I have the utmost respect for the court as a co-equal branch of government
Advocate Pivot
- I made that statement in the context of being an advocate. I understand that the role of a judge is very different. If confirmed, I won’t be an advocate for any specific client or cause, but rather advocate for fair and impartial justice under the law for all.
- Respectfully, I have spent the entirety of my career as an advocate. I think that’s the case for most nominees. I understand that my role as a judge will be different. My role as an advocate for the government, corporations, or individuals will play no role in my decisionmaking.
ACLU Legal Committee
The ACLU Legal Committee is a collection of attorneys and law professors that discuss various legal issues. At no point during my time on the committee did I direct litigation, authorize litigation, or sign off on a brief.
