Senator Chris Coons

Mike Boggs' Record Catches Up to Him

This post was originally published at the Huffington Post.

This is a good day for Americans who care about our federal courts. According to press reports, Judiciary Committee Chairman Patrick Leahy has said that Georgia federal district court nominee Mike Boggs lacks majority support on the committee and that he should withdraw. The New York Times calls the nomination "dead."

Federal judicial nominees routinely - and appropriately - assure senators that their personal feelings and political positions will play no role in their judicial decisions. But this particular nominee did exactly the opposite when running for election as a state judge in 2004. That's when then-Rep. Boggs told voters at a judicial candidates' forum, "I am proud of my record. You don't have to guess where I stand - I oppose same-sex marriages. I supported and authored the Child Protection Act to protect children from predators. I have a record that tells you exactly what I stand for."

This connection - that Boggs himself made - between how he would approach judging cases to his views as a legislator on the legal issues that would be before him as a judge, compelled the Senate Judiciary Committee to examine Boggs' legislative record.

And what a disturbing record that was: He sought to amend the state constitution to forever lock gays and lesbians out of the promise of equality and to prohibit the Georgia legislature from ever extending marriage rights to gays and lesbians. He supported anti-choice legislation and even voted for a bill amendment that would have put abortion providers' lives at risk. He voted in support of having the Confederate battle symbol incorporated into the state flag. He sought to use the power of government to promote religion, church-state separation notwithstanding.

Given his 2004 assurance that his legislative record showed how he would rule as a judge, senators could certainly presume that Boggs has a severely cramped view of constitutional Equal Protection, reproductive rights, and church-state separation. LGBT people, religious minorities, African Americans, and women could not be assured that their basic rights would be recognized and fully protected in his courtroom.

To make things worse, his efforts to explain away his record to the Judiciary Committee raised questions about his candor.

For instance, at his hearing, he assured both Senators Mazie Hirono and Chris Coons that statements he made in 2004 while expressing his opposition to marriage equality about "the dangers that we face with respect to activist judges" were views he held as a legislator, not as a judge. Yet he sounded quite different as recently as November 2011, having been a judge for nearly seven years. At that time, Boggs was promoting himself to a different audience, the Judicial Nominating Commission of Georgia, which was considering recommending to the governor his appointment as a state appeals court judge. When asked then how to improve the efficiency and effectiveness of the legal system, Boggs cited as the problem "judges who abrogated their constitutionally created authority" and "judicial decisions that have ignored and violated the basic tenets of the judiciary."

At his Senate confirmation hearings just a few years later, Sen. Coons asked Boggs to name three or four examples of cases that he'd had in mind when he expressed those concerns in 2011. Boggs admitted that as a legislator in 2004, he considered cases recognizing marriage equality as a state constitutional right as fitting this category, but didn't say what cases he'd had in mind in 2011. In her written follow-up questions, Sen. Dianne Feinstein asked Boggs if he could name any decisions that he believed abrogated the judiciary's constitutionally created authority (using his words). He responded that he could not recall any cases that he had been thinking of at the time.

Yeah, right. Based on what Boggs told the state Commission, he viewed this as extremely serious, going to the very legitimacy of the courts. Yet just a few years later, even after being given additional time to think about it, he could not recall even one case that he'd had in mind. One could be forgiven for believing instead that he actually had in mind the same cases he'd referred to in 2004, and that he was telling the commissioners - and ultimately, Georgia's governor - what he thought they wanted to hear.

His efforts to explain away his votes endangering abortion providers and supporting the Confederate battle symbol were equally not believable, and apparently they were not believed by a majority of committee members. Good for them.

Boggs' disturbing record showed he was unqualified for the federal bench. Today's news shows that a majority of the Judiciary Committee agrees.

PFAW

A First Swing at Fixing the Broken Election System

If you were casting a ballot in South Carolina last Tuesday, your wait to vote may have been four hours. In Florida, it might have been seven. If you were voting in Hawaii, you may have gone to one of the nineteen polling places that ran out of paper ballots. President Barack Obama noted in his victory speech that many Americans waited in long lines and, as he stated, “we have to fix that.”

Just nine days after Election Day, Senator Chris Coons (D-Del.) has taken a first swing at that fix. Coons proposed a bill yesterday that would reform many of the country’s election procedures. His proposed legislation, the Louis L. Redding Fair, Accurate, Secure and Timely (FAST) Voting Act of 2012, would provide federal grants to states that make voting faster and more accessible. The bill includes provisions for same-day registration, early voting, and reducing how long voters must wait at poorly-performing voting facilities.

As Sen. Coons noted in a statement: “Long lines are a form of voter disenfranchisement, a polling place running out of ballots is a form of voter suppression, and making it harder for citizens to vote is a violation of voters’ civil rights.” And these problems at the polls tend to disproportionately affect African American and Latino voters.

The Washington Post points out that it is less a matter of fixing a voting system but more an issue of fixing thousands of voting systems. They note that with Congress, states, and local officials all playing roles, there is no single entity that oversees voting in the country. This may complicate the process of developing solutions.

Nevertheless, it is welcome news that national leaders are focusing on this issue. It was inspiring to see millions of Americans willing to spend hour after hour on line to vote, many of them likely knowing that the lines were an intentional result of plans to prevent them from voting. Every single voter on Election Day should be confident that their ballot will be cast in a timely manner and that their voice will be heard. Anything less is undemocratic -- and unacceptable.

PFAW
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