In Charged Debate, Senate Committee Approves Myers Nomination
Feature Story by civilrights.org staff - 4/14/2004
In another controversial move over extremist judges, the Senate Judiciary Committee voted along party lines (10 to 9) to approve William G. Myers' nomination to the U.S. Court of Appeals for the Ninth Circuit. The vote means that Myers' confirmation could move to the Senate floor as early as next week.Myers' approval by members of the committee has rankled more than 150 civil rights, environmental justice and Native American rights groups, and legal professionals nationwide, who question Myers' record of service as solicitor for the Department of Interior, along with his 'friend of the court' testimonies in cases with civil rights and environmental implications.
The Ninth Circuit presides over one hundred Indian tribes, millions of Indian people, millions of acres of public land, and has jurisdiction over important federal and tribal lands management issues. During his tenure as solicitor for the Department of the Interior, groups say, Myers' pro-industry bias was displayed at the expense and interest of Native Americans.
A National Congress of American Indians (NCAI) 2003 resolution cites Myers' "deep lack of respect and understanding of the unique political relationship between the federal government and tribal governments" as well as his "demonstrated inability to set aside personal bias to act in a neutral and objective manner."
"The organization has not so soundly opposed any other judicial nomination made by this president - but no other nominee has acted with such blatant disregard for the law and for our sacred places," NCAI President Tex G. Hall said in an op-ed to the Billings Gazette.
Environmental groups oppose Myers' confirmation based on amicus briefs he filed in support of an elevation of property rights over environmental protections.
"[Myers'] nomination threatens nearly every one of our fundamental protections under the law," said Glenn Sugameli, who heads the Judging the Environment project at Earthjustice. "For the sake of the environment and the rights of ordinary Americans, the nomination of William Myers should be rejected."
Civil rights advocates are wary of Myers' "states' rights" agenda, which aims to limit federal protections of civil rights that many minority groups have relied upon.
The battle over Myers' confirmation is an extension of the continued debate surrounding several of President Bush's extremist judicial nominees and recess appointments.
At the start of the 108th Congress in January, President Bush recess appointed two highly-controversial nominees -- Charles Pickering to the U.S. Court of Appeals for the Fifth Circuit and William Pryor to the U.S. Court of Appeals for the Eleventh Circuit -- stinging hundreds of civil rights, women's rights, environmental justice, and disability rights groups.
