by Jorge Gomez • 3 minutes
A former congressman is the latest Biden judicial nominee to struggle with a constitutional law question during his Senate confirmation hearing.
Anthony Brindisi, nominated for a federal district court seat in New York, previously served a single term in the U.S. House of Representatives from 2019 to 2021 and has served as a sitting judge on the New York State Court of Claims in Utica since 2022. He appeared to struggle when Sen. John Kennedy of Louisiana asked him whether “government has the right to free speech.”
Brindisi tried to frame an answer around individual free speech rights but shifted to say that he hadn’t had any experience with those types of cases. “In my 20 years of litigating civil litigation matters and two and a half years on the state bench, I haven’t had a case specifically a case on that,” Brindisi said.
Other Judiciary Committee members pressed Brindisi on his record, specifically him being an original co-sponsor of the “Equality Act.” First Liberty and legal experts around the country have warned that this legislation was one of most serious threats to religious freedom ever considered by Congress. Others have explained that the measure’s language would put women in danger by allowing males to use women’s bathrooms.
Sens. Ted Cruz of Texas and Lindsey Graham of North Carolina peppered Brindisi with questions about the bill and the use of bathrooms and locker rooms aligned with an individual’s gender identity.
“I thought it to be an unacceptable outcome to share locker rooms and bathrooms based on gender identity,” said Sen. Graham, asking Brindisi whether he still stood by the content of the proposed bill. “Are you OK with a biological male who identifies as a female sharing a locker room?”
“Why did you sponsor and vote for legislation that would mandate that women be victimized?” Cruz also asked Brindisi.
“Senator, my recollection of the legislation is that it would prevent discrimination based on gender,” Brindisi responded.
Brindisi is among several nominees making their way through the confirmation process. The Senate Judiciary Committee held about nine hearings last week, as Senate Democrats look to confirm as many nominees as possible after the November 2024 election.
“Democrats are now hoping to take advantage of a post-election lame duck session to finish putting their own stamp on the judiciary and match the number of judges appointed during the Trump administration,” The New York Times reports. As of Sept. 30, President Biden slightly trails President Trump on confirmations. Biden has 213 compared to Trump’s 218.
Biden and his party face challenges if they intend to match Trump’s 234 total confirmations. Garnering support to confirm nearly 30 nominees that are pending in the pipeline could prove difficult.
“Winning approval of more than 20 judges would take considerable floor time and a concerted effort when lawmakers will be eager to wrap up for the year. Some of those awaiting votes have also run into objections from Democrats,” notes The New York Times.
Even if Biden is able to match Trump on total confirmations, it’s unlikely that he’ll match his predecessor’s appointments to the federal courts of appeals. Trump had 54 of his nominees to those courts approved by the Senate, compared to Biden’s 44. And with just five nominations pending, the president will likely fall short of Trump’s total.
What’s more, Congress already left for its October recess. The Senate isn’t expected to be back in session until mid-November. That leaves about five full weeks of session between November and December.
Over the past four years, the Biden administration has put forth dozens of radical and controversial judicial nominees, many of whom have a dismal record on religious freedom. First Liberty has consistently warned that many of those nominees simply do not inspire confidence that they’ll treat all Americans equally. Instead, their records suggest they could be hostile to religious liberty and unconstitutionally advance their own policy agendas from the federal bench.
First Liberty is keeping a close eye on who is selected to sit on America’s courts. We’ll continue providing the facts on any nominees with a radical or unacceptable record.
Read More:
Bloomberg Law: Ex-Congressman, Judicial Pick Stumbles on Free Speech Question
Economic Times: ‘Does govt have free speech?’: Senator Kennedy stunned by judicial nominee’s answer at hearing
New York Times: Democrats See a Chance to Beat Trump on Judicial Confirmations
CBS News: Trump left his mark on the federal bench. Can Biden match his number of judicial nominations?
Bloomberg Law: Trump Judges Are High-Performing ‘Mavericks,’ New Study Claims
First Liberty: Biden Not Likely to Match Trump on Judicial Confirmations, Experts Predict
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