Colorado Politics

Allison Eid’s federal court nomination puts Colorado’s U.S. Sen. Michael Bennet in another pivotal position

 

Colorado Supreme Court Justice Allison Eid has most of the state’s political leaders behind her in her White House nomination to a seat on Denver-based 10th Circuit Court of Appeals. But it could be Sen. Michael Bennet who holds the cards – well, a blue slip.

The White House announced the nomination Wednesday. She would replace Neil Gorsuch, the Coloradan who made it on to the U.S. Supreme Court in April.

Eid was a candidate for the U.S. Supreme Court nomination that ultimately went to Gorsuch. She would be the first woman from Colorado to sit on the 10th Circuit Court of Appeals, which hears cases from Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.

Bennet wasn’t happy Wednesday that the Trump administration broke with tradition and left home state senators and “the Colorado legal community” out of the factors Trump considered.

“Nonetheless, Justice Eid deserves full consideration by the United States Senate,” he said. “I look forward to reviewing her record and writings in the weeks ahead.”

Bennet urged fellow Senate Democrats not to filibuster Gorsuch, which prompted Republicans to use the nuclear option, meaning a permanent rule change that requires only a simple majority to confirm a court nominee, instead 60 of 100 senators. While he opposed the filibuster, Bennet ultimately voted against Gorsuch’s confirmation.

Now Colorado’s senior senator from Denver finds himself in another lonely position on another home-state court nominee.

Courts Matter Colorado, a coalition of organizations concerned about federal court vacancies,  like Bennet, did not say whether it would support or oppose Eid. Nobody wants to appear rushing to judgment before cracking open the books for a good long look at her decisions.

Instead, Court Matters heaped pressure on Bennet by citing the arcane “blue slip” rule used by the Senate Judiciary Committee on court nominees. The committee asks the two senators from any nominee’s state to each return a blue slip to proceed. Gardner’s solo slip won’t do. Republicans used the slips to trip up Obama’s nominees.

Trump already has broken with tradition on Eid, as far as Bennet is concerned, so the Senate Judiciary Committee also might jettison the blue slip tradition, if Bennet gets in the way.

Court Matters advised Bennet and Sen. Cory Gardner to stand up for their slips.

“Because our circuit courts are the final word for the 99 percent of cases that are not heard by the U.S. Supreme Court, the selection of these lifetime-appointed judges on the 10th Circuit is extremely important to the people of Colorado,” Peg Perl, spokeswoman for the Courts Matter Colorado coalition, said in a statement.

“Both Sen. Michael Bennet and Sen. Cory Gardner should carefully examine any nominee from Colorado to make sure they will be impartial arbiters of the law and represent Colorado values on the court before returning a blue slip. And we expect the Senate Judiciary Committee to continue its 100 years of deference to home state senators and wait until both blue slips are returned before proceeding on a nomination.”

Gardner said he has known Eid since she was an associate professor at the University of Colorado School of Law from 1998 to 2005. Her views, as he described them, should be pleasing to the Republican majority in the Senate, where she will almost certainly be confirmed in a floor vote.

“She has always been an ardent defender of the Constitution and committed to upholding the rule of law,” Gardner said. “I look forward to supporting Allison throughout her confirmation process.”

Eid, 51, was appointed to the state Supreme Court by Gov. Bill Owens in 2006, a year after he appointed her state solicitor general. She was a law clerk for U.S. Supreme Court Justice Clarence Thomas and is a former speechwriter for Bill Bennett, the U.S. education secretary under President Ronald Reagan.

She is married to Troy Eid, the former U.S. attorney for Colorado.

U.S. Rep. Mike Coffman of Aurora said Eid would be missed on Colorado’s Supreme Court. “But she will be a great addition to the 10th Circuit Court of Appeals.”

Fellow Republican Rep. Doug Lamborn of Colorado Springs, an ally of President Trump, said the commander-in-chief had made a wise decision.

“Her current service as a justice, as well as her past service as Colorado’s Solicitor General, as a Professor at CU Law School, and as a clerk to Supreme Court Justice Clarence Thomas have shown her to be a dedicated defender of the Constitution and someone who will be committed to upholding the rule of law. I wish to extend my personal congratulations to Justice Eid and her entire family.”

Tags d-email

PREV

PREVIOUS

Monument Republican Paul Lundeen announces run for term-limited Kent Lambert’s Senate District 9 seat

State Rep. Paul Lundeen, a Monument Republican and former chairman of the State Board of Education, declared Wednesday he’s running for the Senate District 9 seat held by state Sen. Kent Lambert with the term-limited GOP incumbent’s endorsement. “We have achieved success in the House rolling back federal intrusion into our local public schools,” Lundeen […]

NEXT

NEXT UP

Q&A: Chamber leaders in Colorado Springs, Fort Collins look up and down for I-25 funding

  Fix Colorado Roads has been working for years to get lawmakers to put more money into major roads, with lots of promises and limited follow-through. This session was supposed to turn a corner, but instead interstates 25 and 70 will continue to wait, just as the motorists do in routine traffic jams. Colorado Politics […]


Welcome Back.

Streak: 9 days i

Stories you've missed since your last login:

Stories you've saved for later:

Recommended stories based on your interests:

Edit my interests