by Nicole Flatow
Continuing the fight to push through nominees to the most overworked appeals court in the country, Senate Majority Leader Harry Reid has moved to force a confirmation vote on nominee Andrew Hurwitz to fill a judicial emergency seat on the U.S. Court of Appeals for the Ninth Circuit. The Senate will vote late Monday on whether to end the filibuster of Hurwitz’s nomination.
Hurwitz, currently an Arizona Supreme Court Justice, has strong support from both of his Republican home-state senators, Jon Kyl and John McCain. But like other Obama appeals court nominees, he has felt push-back from some Republicans, particularly Sen. Chuck Grassley, who has said he doesn’t support Hurwitz because if a law review article Hurwitz wrote on Roe v. Wade.
Sen. Kyl dismissed these allegations during the Judiciary Committee hearing on Hurwitz, and explained that Hurwitz was simply describing the history of Supreme Court jurisprudence in the reproductive rights area.
“Not once has an opinion that Justice Hurwitz wrote or joined in been overturned by a higher court. Not once has he made any decision on a case involving the question of life or choice or anything related to it,” Kyl said at that meeting, according to The Blog of Legal Times. “I think it’s a good example of a person who probably has some views personally that are different from mine, but whose opinions obviously carefully adhere to the law. After all, I think that’s what most of us are looking for in judicial nominations.”