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Republicans confirm Trump judicial nominee

WASHINGTON — The Senate on Tuesday narrowly confirmed one of President Donald Trump’s judicial nominees despite a rare “not qualified” rating from the American Bar Association.

On a party-line vote of 50-48, the Republican-led Senate backed Leonard Steven Grasz to serve on the 8th U.S. Circuit Court of Appeals.

Grasz served for more than 11 years as Nebraska’s chief deputy attorney general and was general counsel to the Nebraska Republican Party.

In one opinion he helped craft, he said the legacy of the landmark abortion rights ruling Roe v. Wade was its “moral bankruptcy.” Another opinion he helped write warned of the “grave danger” of the Nebraska Supreme Court recognizing same-sex marriages from other states, and he advised that legislation refusing to recognize same-sex marriages could be defended against a constitutional challenge.

Some liberal advocacy groups fear Grasz will be hostile to abortion rights and laws protecting gays from discrimination.

Culture wars are hardly new when it comes to debates over the federal judiciary, but the battle over Grasz’s confirmation has additional acrimony as the GOP demonstrates its resolve in getting Trump’s nominees lifetime appointments.

Sen. Chuck Grassley, R-Iowa, chairman of the Judiciary Committee, pushed through Grasz’s nomination on a party-line vote last week. Senate Majority Leader Mitch McConnell, R-Ky., moved swiftly for a full Senate vote.

Grasz is the 10th appellate court nominee of the Trump presidency to win confirmation. Two more appellate court nominees are expected to be voted on later this week.

By comparison, President Barack Obama had three appellate court judges confirmed in his first year.

Grasz was only the third nominee since 1989 to be unanimously deemed “not qualified” by the ABA. In that time, it has reviewed more than 1,700 nominees.

Since Grasz’s evaluation, Brett Talley has also been unanimously rated “not qualified.” Talley has been nominated to serve as a district judge in Alabama but has never tried a case in court. Grassley told CNN on Tuesday the White House “should not proceed” on the Talley nomination.

“If the White House goes forward with the vote, they’re going to lose,” responded Republican Sen. John Kennedy of Louisiana, a member of the Judiciary Committee. “It doesn’t give me any joy to say that, but the man’s just not qualified.”

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