December 9, 2019


Final Vote on Dangerous Nominee Scheduled for Tomorrow, December 10


By a vote of 47-41 the US Senate voted today to advance the nomination of Patrick Bumatay to be the next Circuit Judge on the 9th Circuit.  Bumatay claims to be an originalist, but has never been a judge so there’s no paper trail as to what his opinions have been in various cases.   However, we do know that he has been the member of the Tom Homann LGBT Law Association  (THLA) since 2017 and continues to be even during this nomination process. 

Among other activist statements, the Association has co-authored a report explaining that the federal courts are “the gateway” to achieving its liberal political agenda:

Federal courts issue decisions that affect nearly every aspect of life for LGBT people, and those courts often have the final say in many of the most important issues of the day. The federal courts provide the gateway for achieving broader civil rights victories by issuing findings of fact that frame the cases and legal issues going forward. (Emphasis added.)

During the confirmation hearings Senator Mike Lee asked him to explain his membership in THLA.  Bumatay said he “became aware of the group’s public positions on recent Supreme Court cases and other legal matters.”   He further stated, “Furthermore, if confirmed, I do not intend to be a member of any organization that takes positions on specific cases in litigation. Therefore, if confirmed, I intend to resign my membership in the group.”  (Emphasis added.)

At a minimum he did not properly vet this organization before he became a member.  He also does not indicate he will drop his membership, if he is not confirmed!  Apparently, he is willing to continue membership in this judicial activist group.

Action Steps

How many times have conservatives been blindsided by nominees who promise they agree with the Constitution as written, but after confirmation they become judicial activists?  President Trump has started to transform the Ninth Circuit Court of Appeals.  If Bumatay is confirmed that transformation will be hindered.  Ask Senators Casey and Toomey to vote ‘nay’ on Patrick Bumatay for the Ninth Circuit Court.

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