*This post was originally published on The Huffington Post.
by Christopher Kang, ACS Board Member and National Director of the National Council of Asian Pacific Americans
President-elect Trump announced that he plans to nominate Senator Jeff Sessions to be Attorney General, and for those who have concerns—or outright opposition—to this pick, recent headlines have been daunting: “Sessions looks like a lock for confirmation.” “Senate Democrats Can’t Stop Sessions, So How Much Will They Fight?”
To some extent, I understand this analysis: Senate Democrats cannot stop this nomination unless Republicans join them, and based on the public statements of support so far, that doesn’t seem likely.
Then again, I imagine this was also the analysis in 1986, when a Republican-controlled Senate considered Sessions’ nomination to the district court—before the Senate Judiciary Committee held two sets of hearings. Before Senator Howell Heflin (also of Alabama) withdrew his support, stating “fairness and impartiality go to the very heart of our justice system...as long as I have reasonable doubts, my conscience is not clear, and I must vote no.” Before two Republicans joined every Democrat on the Judiciary Committee in opposing his nomination. Before the Judiciary Committee rejected a lower court nomination for the first time in nearly half a century.
What happened in 1986 could happen again today: Senators could diligently review the record and vote their conscience.